Immigration Amendment Act 2015

51 Section 179 amended (Deported person may not enter New Zealand during period of prohibition on entry)

(1)

In section 179(1), item relating to section 158, replace “(convicted of gaining residence class visa by fraud, forgery, etc)” with “(fraud, forgery, etc, in relation to an application)”.

(2)

Replace section 179(2) with:

(2)

A person who is liable for deportation is not subject to any period of prohibition on entry if the person—

(a)

is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and

(b)

leaves New Zealand voluntarily before he or she is served with a deportation order.

(3)

For the purposes of subsection (1), the relevant provision for determining why the person was deported is—

(a)

the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or

(b)

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.