179 Deported person may not enter New Zealand during period of prohibition on entry

(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 deportedPeriod of prohibition on entry (calculated from the date of deportation)
Section 155 applies (granted a visa as the result of an administrative error and visa not cancelled)none
Section 154 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 Zealand2 years
Section 154 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 Zealand5 years
Section 154 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 Zealand5 years
Section 157 applies (sufficient reasons for temporary entry class visa holder to be deported)5 years
Section 159 applies (breached resident visa conditions)5 years
Section 156 applies (visa granted on basis of false identity)permanent prohibition
Section 158 applies (fraud, forgery, etc, in relation to an application)permanent prohibition
Section 160 applies (new information as to character becomes available)permanent prohibition
Section 162 applies (refugee or protection status cancelled for fraud, forgery, etc)permanent prohibition
Section 161 applies (residence class visa holder convicted of specified offence)permanent prohibition
Section 163 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—

(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.

Section 179(1) table: amended, on 7 May 2015, by section 51(1) of the Immigration Amendment Act 2015 (2015 No 48).

Section 179(2): replaced, on 7 May 2015, by section 51(2) of the Immigration Amendment Act 2015 (2015 No 48).

Section 179(3): inserted, on 7 May 2015, by section 51(2) of the Immigration Amendment Act 2015 (2015 No 48).