Excluded persons

15 Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand

(1)

No visa or entry permission may be granted, and no visa waiver may apply, to any person—

(a)

who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or

(b)

who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

(c)

who is subject to a period of prohibition on entry to New Zealand under section 179 or 180; or

(d)

who at any time (whether before or after the commencement of this section) has been removed or deported from New Zealand under any enactment; or

(e)

who is excluded from New Zealand under any enactment; or

(f)

who has, at any time, been removed, excluded, or deported from another country.

(2)

Paragraphs (a) and (b) of subsection (1) apply—

(a)

whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:

(b)

where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:

(c)

where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

(3)

Subsection (1)(d) does not apply to a person who—

(a)

has been deported from New Zealand under section 158 of the Shipping and Seamen Act 1952; or

(b)

was subject to a removal order under section 54 of the former Act, if the removal order has expired or been cancelled; or

(c)

was deported under this Act but is not, or is no longer, subject to a period of prohibition on entry under section 179 or 180; or

(d)

has been deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act.

(4)

This section is subject to section 17.

Compare: 1987 No 74 s 7(1)(a)–(d), (2)

Section 15(3)(c): replaced, on 7 May 2015, by section 10 of the Immigration Amendment Act 2015 (2015 No 48).