D2.45 Prohibition on entry

See also Immigration Act 2009 s 179

1. A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, during the period of prohibition on entry that applies to the person as set out in the following table:

   Why person deported	Period of prohibition on entry (from date of deportation)
   Section 155 of the Immigration Act 2009 applies (granted a visa as the result of an administrative error and visa not cancelled)	none
   Section 154 of the Immigration Act 2009 applies (unlawfully in New Zealand), and person is subject to deportation order and deported not more than 12 months after date on which person became unlawfully in New Zealand	2 years
   Section 154 of the Immigration Act 2009 applies (unlawfully in New Zealand), and person is subject to deportation order and deported 12 months or more after date on which person became unlawfully in New Zealand	5 years
   Section 154 of the Immigration Act 2009 applies (unlawfully in New Zealand), and person is subject to deportation order, and it is second or subsequent time that person has been unlawfully in New Zealand	5 years
   Section 157 of the Immigration Act 2009 applies (sufficient reasons for temporary entry class visa holder to be deported)	5 years
   Section 159 of the Immigration Act 2009 applies (breached resident visa conditions)	5 years
   Section 156 of the Immigration Act 2009 applies (visa granted on basis of false identity)	Permanent prohibition
   Section 158 of the Immigration Act 2009 applies (fraud, forgery, etc in relation to an application)	Permanent prohibition
   Section 160 of the Immigration Act 2009 applies (new information as to character becomes available)	Permanent prohibition
   Section 162 of the Immigration Act 2009 applies (refugee or protection status cancelled for fraud, forgery, etc)	Permanent prohibition
   Section 161 of the Immigration Act 2009 applies (residence class visa holder convicted of specified offence)	Permanent prohibition
   Section 163 of the Immigration Act 2009 applies (certified as person constituting threat or risk to security)	Permanent prohibition

2. A person who is liable for deportation is not subject to any period of prohibition on entry if the person—
   1. is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and
   2. leaves New Zealand voluntarily before he or she is served with a deportation order.
3. For the purposes of (b), the relevant provision for determining why the person was deported is:
   1. the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or
   2. if no deportation order was served on the person, the provision under which liability for deportation arose, as stated in the last deportation liability notice served on the person.

D2.45.1 Consequence of attempt to enter New Zealand during period of prohibition on entry

See also Immigration Act 2009 s 181

If a person to whom a period of prohibition on entry applies attempts to enter New Zealand, the period will restart from the later of:

1. the date the person attempts to re-enter if the entry is unsuccessful; or
2. the date the person is once again deported from New Zealand if the re-entry is successful.

Effective 28/08/2017