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Immigration Act 2009

Offences, penalties, and proceedings - Procedural provisions relating to offences

372: Time for filing charging document

You could also call this:

"How long you have to file a charging document for an immigration offence"

Illustration for Immigration Act 2009

You have 2 years to file a charging document for an offence against the Immigration Act 2009. This 2-year period starts from the earlier of 2 dates: when an immigration officer first knew about the incident, or when they should have known about it. There are some offences where this 2-year rule does not apply, such as those set out in section 25 of the Criminal Procedure Act 2011 and other specific sections of the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441184.

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Topics:
Immigration and citizenship > VisasImmigration and citizenship > Border controlCrime and justice > Criminal law
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371: Presumption of authority, or

"Officials reporting immigration offences are assumed to have proper authority"

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373: Immigration status of persons born in New Zealand on or after 1 January 2006, or

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Part 10Offences, penalties, and proceedings
Procedural provisions relating to offences

372Time for filing charging document

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 2 years after the earlier of—

  2. the date when the incident, situation, or set of circumstances to which the offence relates first became known to an immigration officer; or
    1. the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to an immigration officer.

      1. Subsection (1) does not apply to the offences set out in sections 342(1)(b), 343(1)(a), (b), or (c)(i), 345, 348, 351, and 351A.

      Notes
      • Section 372: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 372(2): amended, on , by section 59 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).