The consequences at a glance
- A declined applicationBefore a visa is granted
False, misleading or withheld information is a ground to decline under section 58(6), whether it came from you personally or through an agent.
- A character shadowEvery future application
Prior false, misleading or withheld information is a character-waiver trigger for both residence and temporary applications.
- Deportation liabilityAfter a visa is granted
Section 157 for temporary visa holders in New Zealand, section 158 for residence holders.
- Criminal prosecutionSection 342
Knowingly supplying false or misleading documents or information to an immigration officer carries up to seven years' imprisonment.
- A declined application
- A character shadow
- Deportation liabilityTemporary visa holders, within 14 days of serviceGive good reason why deportation should not proceed
- Criminal prosecution
The duty of honesty - including silence
Section 58(3) requires an applicant to inform INZ of any relevant fact, including any material change in circumstances after the application is made, if it may affect the decision, and section 58(5) says failing to do so is treated as concealing relevant information:
“For the purposes of sections 157 and 158, an applicant is treated as having concealed relevant information if he or she fails to comply with the obligation in subsection (3).”
INZ's internal circular on the topic goes further on materiality: information is relevant when it bears on the assessment criteria, irrespective of whether it would actually have changed the officer's decision. If it touches the criteria, it must be disclosed before the visa is granted, for example:
- A new relationship
- A new job
- A criminal charge
- A changed family situation
The same circular tells officers to generally disregard trivial mistakes and genuine misunderstandings: the target is material dishonesty, not typos. But officers do not need to prove you intended to deceive. The instructions state expressly that an application can be declined regardless of whether the applicant personally intended to provide or withhold the information, and a forged or altered document counts as false even if its contents happen to be true.
What can happen - from decline to deportation
| Who | Provision | What can happen |
|---|---|---|
| An applicant, before a visa is granted | Section 58(6) | A ground to decline, whether the information came from you personally or through an agent |
| A temporary visa holder in New Zealand | Section 157 | Not cancellation but deportation liability: concealing relevant information in the application is one of the statutory 'sufficient reasons' |
| A residence holder | Section 158 | Deportation liability by conviction, guilty finding or plea, or by ministerial determination that application information was fraudulent, false or misleading or that relevant information was concealed, whether or not you were the person who provided it |
| A refugee or protected person | Cancellation of status | Status procured by fraud, forgery, false or misleading representation or concealment can be cancelled by a refugee and protection officer, or by the tribunal where it made the original decision, which in turn creates deportation liability |
A temporary visa can only be cancelled outright while its holder is outside New Zealand.
| Who | Step | Time limit |
|---|---|---|
| Temporary visa holder (section 157) | Give good reason why deportation should not proceed | 14 days from service of a liability notice |
| Temporary visa holder (section 157) | Appeal to the Immigration and Protection Tribunal on humanitarian grounds | 28 days |
| Residence holder (section 158) | Appeal to the tribunal; conviction-based liability carries a humanitarian-only appeal | 28 days |
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.
And every future application carries the shadow: prior false, misleading or withheld information is a character-waiver trigger for both residence and temporary applications, as the convictions and character guide explains.
The criminal offences
| Offence | Penalty |
|---|---|
| Knowingly making a false or misleading statement in support of any application, request or appeal, your own or someone else's (section 342(1)(a)) | A fine |
| Producing or supplying documents or information to an immigration officer knowing they are false or misleading in a material respect (section 342(1)(b)) | Up to seven years' imprisonment, a $100,000 fine, or both |
| Helping someone else complete an application dishonestly | A separate offence, punishable per person assisted |
| Improper dealings with immigration or identity documents | The same seven-year maximum |
When the false information came from your immigration adviser or agent
INZ's instructions state that the actions and representations of an agent are generally regarded as those of the person they represent, and section 158 applies to residents whether or not the visa holder personally provided the information. INZ's public guidance says you must make sure anyone applying on your behalf provides accurate and complete information.
But being deceived by your own representative is not ignored. The character-waiver instructions let an officer weigh, in your favour, that the person acting for you deceived or misled you, which makes evidence of what you knew, what you were shown, and what you signed centrally important.
- Complain to the Immigration Advisers Authority: complaints are free and do not affect your immigration status
- The Authority refers complaints to the Immigration Advisers Complaints and Disciplinary Tribunal, which can censure, fine, order compensation and suspend or cancel licences
- This directory publishes every one of that tribunal's decisions, and the complaints guide walks through the process
Unlicensed operators can be reported to the Authority's investigations team.
Correcting the record
If you know something in your immigration history is wrong, such as an undeclared relationship, a conviction left off a form, or information an agent invented, the strategic choice is between disclosure on your own terms and discovery on INZ's.
| Path | What it usually looks like |
|---|---|
| Voluntary correction, framed with advice | Lets you present the surrounding circumstances and any evidence that you acted honestly |
| Discovery by INZ | Usually arrives as a PPI letter or a deportation-liability letter with a deadline attached |
Professionals who have run these cases (the tribunal's published decisions record hundreds of them) can be compared on the directory search, and the deportation guide covers what happens once liability is raised.
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, s 58 (obligation to inform of all relevant facts)
- Immigration Act 2009, s 157 (temporary visa holders, deportation liability for cause)
- Immigration Act 2009, s 158 (residence, false or misleading information)
- Immigration Act 2009, s 342 (provision of false or misleading information)
- INZ IAC 23-01: false, misleading and withheld information (revised March 2026)
- INZ: giving false or misleading information in your application
- Immigration Advisers Authority, complain about a licensed immigration adviser
- INZ operational manual A5.25 (character, prior false information)
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