D7.10 Deportation of an exempt person following conviction

Immigration Act 1987 ss11(1)(b)to (e), 12, 92, 93, 112.
Immigration Regulations 1999 Part 2 of Schedule 1

The Minister of Immigration may order the deportation from New Zealand of any exempt person (i.e. any person who is exempt under section 11(1)(b) to (e) or section 12 (and Part 2 of Schedule 1 to the Regulations) of the Immigration Act 1987 from having to hold a permit), who is convicted (whether in New Zealand or not) of:

1. an offence committed within 2 years after they first arrived in New Zealand and it is an offence for which the Court has the power to impose imprisonment for a term of 3 years or more; or
2. two offences within five years after they first arrived in New Zealand, and each of those offences is one for which the Court has the power to impose imprisonment for a term of 12 months or more; or
3. an offence committed within 5 years after they first arrived in New Zealand 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
4. an offence committed within 10 years after they first arrived in New Zealand and they are sentenced to imprisonment for:
   1. a term of 5 years or more; or
   2. for an indeterminate period capable of running for 5 years or more.

D7.10.1 First arrival in New Zealand

1. A person is considered to first arrive in New Zealand either:
   1. on the first occasion on which they arrive in New Zealand; or
   2. if they arrived in New Zealand 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. 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