D7.5 Deportation of a residence permit holder following conviction

Immigration Act 1987 ss 91, 93, 112.

The Minister of Immigration may order the deportation from New Zealand of any residence permit holder who is convicted (whether in New Zealand or not) of:

1. an offence committed at any time when they:
   1. were in New Zealand unlawfully; or
   2. were the holder of a temporary permit; or
   3. were exempt under the Immigration Act 1987 from the requirement to hold a permit; or
2. an offence committed within 2 years after they were first granted a residence permit, and it is an offence for which the court has power to impose imprisonment for a term of 3 months or more; or
3. two offences committed within 5 years after they were first granted a residence permit, and each of those offences is an offence for which the Court has the power to impose imprisonment for a term of 12 months or more; or
4. an offence committed within 5 years after they were first granted a residence permit and they are sentenced to imprisonment for:
   1. a term of 12 months or more; or
   2. for an indeterminate period capable of running for 12 months or more; or
5. an offence committed within 10 years after they were first granted a residence permit and they are sentenced to imprisonment for:
   1. a term of 5 years or more; or
   2. an indeterminate period capable of running for 5 years or more.

D7.5.1 First grant of residence permit

1. The holder of a residence permit is considered to have been first granted a residence permit either:
   1. on the first occasion on which they were granted a residence permit (or entered New Zealand lawfully for permanent residence); or
   2. if they were granted a residence permit (or entered New Zealand on a residence visa and were granted a residence permit for the first time) on any subsequent occasion, following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.
2. The period begins from the time the person was granted residence or its equivalent. Any previous period spent lawfully in New Zealand (e.g. on a visitor's permit) or any 'unlawful' period does not count.
3. Any period spent in prison following conviction for an offence is not included when calculating the period spent in New Zealand.

Effective 01/10/1999