The process at a glance
- Liability arisesBy law, or for cause
Anyone unlawfully in New Zealand is liable automatically. Temporary visa holders and residents are made liable for cause, on the grounds set out below.
- Deportation liability noticeExcept where liability comes from being unlawful
Not served either where a security deportation order under section 163 names you. Otherwise served on you in person, or sent by registered post to your address for service. It states the ground, your appeal rights and their time limits, the re-entry ban that would apply, and the requirement to repay deportation costs.
- Appeal to the tribunal28 or 42 days, never extended
An appeal to the Immigration and Protection Tribunal. Temporary and interim visa holders can also give good reason within 14 days of service.
- Deportation orderNot while an appeal is open or undecided
Once served, it can be executed, and the ban on returning depends on how liability arose.
- Liability arisesLiable only for being unlawful, and you leave before an order is servedNo statutory ban applies
- Deportation liability noticeAt any timeThe Minister can cancel liability
- Appeal to the tribunal
- Deportation order
How deportation liability arises
The Immigration Act 2009 creates deportation liability in defined situations.
| Who | Section | What creates liability |
|---|---|---|
| Anyone unlawfully in New Zealand | 154 | Being unlawful: liability is automatic |
| Temporary visa holder | 157 | Made liable for cause. The section lists breach of visa conditions, criminal offending, character matters, concealing relevant information, or circumstances no longer meeting the rules the visa was granted under |
| Resident | 158 | The residence application contained fraudulent, false or misleading information or concealed relevant information. It applies even if someone else, such as an agent, supplied the information |
| Resident | 159 | Visa conditions were materially breached |
| Resident | 161 | Conviction, within the bands below |
Section 161's bands were extended in May 2026 and now count offences committed in New Zealand or elsewhere.
| An offence | Committed |
|---|---|
| Carrying three months' imprisonment or more | While unlawful, on a temporary visa, or within 2 years of first holding residence |
| Carrying two years or more | Within 5 years |
| Attracting an actual sentence of five years or more | Within 10 years |
Time in prison does not count towards the bands.
The deportation liability notice and the first 14 days
Except where liability arises from being unlawful, deportation starts with a deportation liability notice, served on you in person or sent by registered post to your address for service (section 386A). Section 171 requires the notice to state:
- The ground of liability
- Your appeal rights and their time limits
- The re-entry ban that would apply
- The requirement to repay deportation costs
Temporary and interim visa holders get a statutory right to give good reason, within 14 days of service, why deportation should not proceed: written submissions that can end the process without an appeal.
Count the days from a deportation liability notice
- The date of service can be disputed. Check it against the notice itself and how it reached you.
- The tribunal has no power to extend an appeal deadline. Treat every date here as the last possible day, not a target.
- Worked out from the Immigration Act 2009 and the Legislation Act 2019 as they read on 28 September 2026.
- The date you enter stays on this page in your browser. It is not sent anywhere or stored.
- A licensed immigration adviser or immigration lawyer can confirm which periods apply to you and act within them.
For educational and illustrative purposes only. This is not immigration advice, and no warranty is given as to its appropriateness or accuracy. If in doubt, talk to an immigration adviser or an immigration lawyer about your specific circumstances.
The Minister can cancel liability at any time, and can suspend a resident's liability for up to five years on conditions. If the conditions are met, liability must then be cancelled. A suspension is often the realistic goal in conviction cases with strong family circumstances.
Deportation appeals and the humanitarian test
The tribunal has no power to extend them. No notice is needed to start the 42-day clock for people unlawfully in New Zealand, so many people lose the right without realising it existed.
| Who | Deadline | Grounds |
|---|---|---|
| Residents | 28 days from service of the notice | On the facts and humanitarian grounds, except conviction-based liability (section 161) and conviction-established fraud, where the appeal is humanitarian only |
| Temporary visa holders | 28 days from service | Humanitarian grounds |
| People unlawfully in New Zealand | 42 days from first becoming unlawful (section 154(2)) | Humanitarian grounds |
- Time to appeal
- 28 or 42 days
- Filing fee
- $964
- Non-resident humanitarian appeals
- 8 to 10 months
The filing fee is for a deportation appeal; the tribunal reports non-resident humanitarian appeals generally take 8 to 10 months to determine.
The humanitarian test (section 207) has two limbs, and both must be satisfied. The tribunal must allow the appeal only where it is satisfied that:
“(a) there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and (b) it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand.”
The tribunal's published decisions show what meets the test: long residence, children who are New Zealand citizens, health and family-unity factors feature heavily in allowed appeals.
| Appeal type | Succeeded | Dismissed or declined | Decided appeals | Success share |
|---|---|---|---|---|
| Non-resident deportation appeals | 1,486 | 2,560 | 4,046 | 37% |
| Resident deportation appeals | 195 | 354 | 549 | 36% |
A base rate across hundreds or thousands of appeals says nothing about any single case.
Computed by this site from the published decisions of the Immigration and Protection Tribunal and its predecessor boards. A success means the appeal was allowed, the decision was cancelled and the application returned to Immigration New Zealand, or residence was granted after a referral to the Minister; withdrawn appeals and procedural rulings are left out. The appeal success rates guide explains the method. Figures as at 29 October 2026, the date of the most recent decision file in the data.
Every appeal in our dataset is linked from the profiles of the immigration lawyers and immigration advisers who ran them, so you can see who has actually done this work, and the appeal success rates guide sets out the base rates.
Deportation orders, re-entry bans and costs
A deportation order cannot be served while your appeal window is open or an appeal is undecided. Once served, it can be executed, and the ban on returning depends on how liability arose.
| Deported | Ban |
|---|---|
| Within 12 months of becoming unlawful | 2 years |
| Later than 12 months after becoming unlawful | 5 years |
| Unlawful a second time | 5 years |
| As a temporary visa holder, for cause | 5 years |
| As a resident who breached conditions | 5 years |
| On fraud, false information or security grounds | Permanent |
| As a resident convicted within the section 161 bands | Permanent |
Section 179(1) of the Immigration Act 2009 sets the periods for anyone deported at 18 or over, and they run from the date of deportation. The section 161 row was read in the Act on 28 September 2026.
Leaving voluntarily before a deportation order is served means no statutory ban applies (section 179(2)), and Immigration New Zealand's own guidance confirms voluntary departure preserves future eligibility in a way deportation does not.
Deportation costs are recoverable from you as a Crown debt, and you cannot return, even after a ban expires, until they are repaid.
Detention, legal aid and pending law changes
- Immigration officerUp to 4 hours
An immigration officer can detain you for up to 4 hours.
- PoliceUp to 96 hours
Police can arrest and detain for up to 96 hours.
- Warrant of commitmentUp to 28 days at a time
Beyond that, detention needs a District Court warrant of commitment, and a judge can instead release you on conditions.
- Beyond six months
Detention beyond six months requires the judge to be satisfied that deportation is being prevented by your own action or inaction.
Legal aid needs care.
- Detention (warrant) proceedings
- Refugee and protection matters
- Residents appealing deportation may qualify
- The 42-day overstayer humanitarian appeal
- Residence-decline appeals
Both are excluded by the Legal Services Act.
The Immigration (Enhanced Risk Management) Amendment Bill would strengthen deportation liability for residents, including for lower-level offending, and remove the humanitarian appeal right for some temporary visa holders. The Education and Workforce Committee reported it back on 7 August 2026, and it had not passed on 7 November 2026. The law stated here is the Act in force on that date, and anyone facing liability should act under the current, more favourable rules rather than waiting.
Check your understanding
These questions check what this guide says. They say nothing about your own case.
For educational and illustrative purposes only. This is not immigration advice, and no warranty is given as to its appropriateness or accuracy. If in doubt, talk to an immigration adviser or an immigration lawyer about your specific circumstances.
Frequently asked questions
Sources
- Immigration Act 2009, ss 154 to 161 (deportation liability)
- Immigration Act 2009, ss 170 to 179 (notices, orders, prohibition on entry)
- Immigration Act 2009, ss 206 and 207 (humanitarian appeals)
- Immigration and Protection Tribunal: deportation appeal forms and fees
- INZ: deportation (official overview)
- Legal Services Act 2011, ss 7 and 12 (legal aid scope)
- Immigration (Enhanced Risk Management) Amendment Bill 267-2, as reported from the Education and Workforce Committee on 7 August 2026 (pending)
- Immigration Act 2009, s 386A (serving and giving notices to people)
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