E3.40 Cancellation of visas on triggering event

See also Immigration Act 2009 s 64

1. A visa is cancelled in the following circumstances:
   1. on the deportation of its holder from New Zealand; or
   2. on the day after the first date on which a deportation order may be served on the person under section 175A of the Immigration Act 2009; or
   3. on the refusal of entry permission to its holder; or
   4. on entry permission granted to its holder being revoked; or
   5. if the holder arrived at an immigration control area:
      • on the holder leaving the immigration control area without presenting himself or herself to an immigration officer; or
      • on the holder failing to comply with the instruction of an immigration officer to remain in the area; or
   6. if the holder arrived at a place other than an immigration control area, on failing to present himself or herself in the prescribed manner and within the prescribed time as required under section 103(1)(b)of the Immigration Act 2009; or
   7. on the start date of a further visa granted to its holder; or
   8. on the grant of New Zealand citizenship to its holder; or
   9. on the registration of New Zealand citizenship by descent under section 7(2) of the Citizenship Act 1977 by its holder;
   10. on the issue of an evidentiary certificate under section 21 of the Citizenship Act 1977 that confirms the holder is a New Zealand citizen.
2. Despite (vii) above, the grant of a temporary entry class visa to the holder of a residence class visa does not cancel the residence class visa unless the grant of the temporary entry class visa was made under section 68 of the Immigration Act 2009 (see E3.50);
3. To avoid doubt, if a person’s visa is cancelled under (a)ii, the grant of a new visa to the person does not cancel the person’s liability for deportation.

Effective 28/08/2017