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Deportation Liability Notices in NZ: Reasons and Appeal Deadlines

A person can become liable for deportation by staying after a visa expires or through a deportation liability notice. Appeals go to the Immigration and Protection Tribunal, which must receive them within 28 or 42 days depending on the reason, and cannot accept late appeals.

Deportation liability in New Zealand arises in two broad ways: automatically, when someone stays after their visa expires, or by Immigration New Zealand (INZ) serving a deportation liability notice for a specific reason. The appeal deadline depends on which section of the Immigration Act 2009 the liability comes from, and the shortest is 28 days. This guide sets out the reasons and deadlines exactly as INZ's deportation page and the Immigration and Protection Tribunal's Guide 4 publish them, read on 9 October 2026. It explains the rules; which one applies to a person, and whether an appeal is open to them, is a question for a lawyer or licensed adviser.

How deportation liability arises

INZ lists the reasons a person may be deported:

staying in New Zealand beyond the expiry date of their visa;

breaching other visa conditions, for example working on a visitor visa;

committing a criminal offence;

no longer meeting the rules or criteria under which the visa was granted;

INZ finding that false or misleading information was provided, or relevant information withheld, in any earlier application or request.

Someone whose visa has expired is liable for deportation without being served anything; the liability comes from being unlawful. Other liability, such as a visa granted in error or a determination by the Minister, is communicated by a deportation liability notice.

INZ adds: "If you think we might have a reason to deport you, a licensed immigration adviser or lawyer may be able to advise you."

Appeal deadlines for temporary visa holders and people without a visa

Appeals go to the Immigration and Protection Tribunal (IPT) on Form 4 – Deportation (Non-Resident) Appeal. The deadlines INZ and Guide 4 publish:

No visa (section 154): the Tribunal must receive the appeal no later than 42 days from the day after the person last held a visa. Where the person asked INZ to reconsider a decline of a further temporary visa while still holding a current visa, the 42 days count from the later of the day they became unlawful and the day after they received confirmation of the reconsideration decision.

Temporary or interim visa granted through administrative error (section 155): 28 days from the day the deportation liability notice was given.

Temporary or interim visa held under a false identity (section 156): 42 days, counted from first arrival with that visa if the false identity was used throughout, or from the day after a visa in the person's actual name expired or was cancelled.

The Minister determines there is sufficient reason to deport (section 157): 28 days after the notice was given. INZ and Guide 4 stress that this deadline applies "even if you have written to us within 14 days of receiving the notice and explained why you should not be deported."

INZ also says no appeal is available if the last visa held was a limited visa.

Appeal deadlines for resident visa holders

For residents and permanent residents, INZ lists the deadlines by reason. Most are 28 days after receiving a deportation liability notice:

resident visa granted through administrative error (s155): 28 days, on the facts and humanitarian grounds;

residence or entry permission gained through fraud, forgery, false or misleading representation or concealment (s158(1)): 28 days;

citizenship gained through fraud or concealment (s158(2)): 28 days, humanitarian grounds only;

visa conditions not met or breached (s159): 28 days;

new character evidence within 5 years of first holding a resident visa (s160): 28 days;

conviction for a crime (s161): 28 days, humanitarian grounds only.

Identity cases under section 156 have 42 days for humanitarian grounds (and 28 days for an appeal on the facts where the Minister decided the identity was different). Resident appeals use the Tribunal's Form 3 and Guide 3, and the same NZD 964 fee.

When a notice counts as served

The deadline runs from service, and INZ's page and Guide 4 define it. A deportation liability notice is served:

when it is handed to the person;

if sent by registered post or courier, when it is delivered to the contact address;

if sent by email, when it reaches the person's email server, presumed to be the same day it was sent unless there is evidence otherwise.

If service cannot be established that way, it is treated as happening 7 calendar days after sending by registered post or courier to a New Zealand address, 14 calendar days for an address outside New Zealand, or 3 working days after sending by email.

Counting the days: Saturdays and Sundays count; listed public holidays (Waitangi Day, Good Friday, Easter Monday, Anzac Day, King's Birthday, Matariki Observance Day, Labour Day), their Monday substitutes, 25 December to 2 January and the regional anniversary day do not.

"The Tribunal cannot accept late appeals... The Tribunal has no power to give you more time."

What a non-resident appeal has to show

Guide 4 says a non-resident's deportation appeal is on humanitarian grounds. The appellant needs to show both that there are "exceptional humanitarian circumstances that would make it unjust or unduly harsh to deport you from New Zealand" and that letting them stay "would not be against the public interest."

Guide 4 says the Tribunal will probably decide on the papers; it sometimes holds hearings, but there is no automatic right to one. It "cannot tell you which documents to send." The examples it gives include legal submissions, statements from the appellant and family, photographs, employer letters, medical records and information about affected children. Documents must be in English or translated.

Dependent children whose liability arises from the same facts can be included without a separate fee.

Fee, forms and lodging

The Tribunal's forms and fees page lists NZD 964 including GST for deportation appeals by non-residents, by residents and permanent residents, and by cancelled refugees and protected persons (read 9 October 2026). Guide 4, dated 1 July 2025, still shows NZD 943, so the forms page is the figure to check on the day of lodging. The fee cannot be waived, must be paid or the appeal is not accepted, and is not refunded on withdrawal or after a decision.

Appeals can be lodged online, in person at the Tribunal or a court, by email to ipt@justice.govt.nz with proof of payment, by courier to Level 1, 41 Federal Street, Auckland, or by post to DX EX 11086, Auckland. The Tribunal says the online form cannot be saved part-way.

One rule differs from residence appeals: under Guide 4, a non-resident who leaves New Zealand before the decision "will be considered to have withdrawn your appeal." The Guide suggests discussing this with a lawyer, representative or INZ before leaving.

Timing and possible outcomes

The Tribunal's website says non-resident humanitarian deportation appeals "are generally being determined within 10 to 12 months" after receipt (updated 1 October 2026).

Guide 4 lists what the Tribunal can do: allow the appeal, cancelling the liability; allow it and order a resident visa or a temporary visa of up to 12 months; decline it; decline it but reduce or remove the period the person is barred from entering New Zealand; or decline it but delay deportation for up to 12 months, or order a temporary visa of up to 12 months, so the person can put their affairs in order.

After a decision, the High Court route (leave to appeal on a point of law, or judicial review) must be started within 28 days of notification. Deportation decisions are published; Guide 4 says a person can ask the Tribunal to consider removing names and other information if there is good reason.

Other routes and consequences

A person in New Zealand unlawfully can also make a section 61 request to INZ for a visa. INZ says it does not stop deportation and cannot be made once a deportation order has been issued.

INZ says that staying unlawfully means the person cannot work or study, is generally not eligible for publicly funded health services, and "may be banned from returning to New Zealand" after 42 days or more. After deportation, INZ says a person may not return while any prohibition period is in force and until the costs of deportation are repaid. INZ also notes that leaving voluntarily before being served a deportation order may leave the person eligible for a visa in future.

Helping someone stay unlawfully can be an offence, according to INZ.

Getting help before the deadline

With a 28-day clock, the first days matter: working out which section the liability comes from, the exact service date and the last day for lodging. Guide 4 says that if no lawyer or representative can be found in time, the appeal should be lodged with the appellant representing themselves, and a representative added later on Form 8.

Representatives can be a lawyer, a licensed immigration adviser (including one outside New Zealand) or a licence-exempt person such as Community Law Centre or Citizens Advice Bureau staff. The IAA notes that people in immigration detention may be eligible for legal aid if represented by a lawyer, but not if represented by a licensed adviser.

Migratio lists licensed immigration advisers so you can compare them and contact one directly. Every listing shows the adviser's licence number, which you can check on the IAA's public register before you book. We don't assess cases and don't tell anyone which visa or route fits them; that is the adviser's job.

Questions people ask

How long do I have to appeal a deportation liability notice in NZ?

It depends on the reason. INZ lists 28 days from service for liability based on administrative error or a Minister's determination of sufficient reason, and for most resident cases; 42 days applies to people without a visa and to some identity cases. The Tribunal cannot accept late appeals.

Does writing to INZ within 14 days stop the 28-day appeal clock?

No. For a section 157 notice (the Minister determining there is sufficient reason to deport), INZ and Guide 4 say the 28-day appeal deadline applies even if the person has written to INZ within 14 days explaining why they should not be deported.

What does an IPT deportation appeal cost?

The Tribunal's forms and fees page lists NZD 964 including GST (read 9 October 2026). Guide 4, dated 1 July 2025, still shows NZD 943, so check the forms page when lodging.

Can I leave New Zealand while my deportation appeal is pending?

Guide 4 says a non-resident who leaves before the Tribunal decides "will be considered to have withdrawn" the appeal, and suggests discussing it with a lawyer, representative or INZ first.

What is a DLN in New Zealand immigration?

DLN is short for deportation liability notice, the notice INZ serves when a person becomes liable for deportation for a reason such as a visa granted in error or a Minister's determination. Liability for overstaying a visa arises without a notice.

Sources

Last checked 2026-10-09.

Related guides

  • NZ Visa Declined: Reconsideration, IPT Appeals and Reapplying — Which routes exist after a decline depends on the visa type and where the person is. Temporary visa declines can be reconsidered by INZ in limited cases (14 days, NZD 220); residence declines can be appealed to the Immigration and Protection Tribunal (42 days, NZD 964).
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