D2.5 Categories of people who may be in New Zealand unlawfully

Persons who may be in New Zealand unlawfully include any of the following:

1. the holder of a temporary permit who remains in New Zealand after that temporary permit expires;
2. a person whose temporary permit has been revoked (see D8.10) and who fails to leave New Zealand before the date the revocation became effective;
3. the holder of a Limited purpose permit who remains in New Zealand after the expiry of that permit;
4. the holder of a Limited purpose permit which is given a shortened duration who remains in New Zealand after the expiry of that permit;
5. the holder of a Limited purpose permit which has been revoked;
6. a stowaway who has remained in New Zealand more than 72 hours after the craft carrying them berthed, landed or otherwise arrived in New Zealand and has not had any action taken against them under section 128 of the Immigration Act 1987 during that 72 hour period (see Y3.55);
7. a crew member who remains in New Zealand beyond the period of their exemption from the requirement to hold a permit (see Y2.15);
8. a person whose residence permit has been revoked and who fails to:
   1. appeal against the revocation; or
   2. apply for and be granted a temporary permit under section 25(1)(d) of the Immigration Act 1987 before the revocation of residence permit becomes effective;
9. a person claiming to be exempt from having to hold a permit, but who is found to be a person to whom section 7(1) of the Immigration Act 1987 applies (see Y3.1(a));
10. a person released from custody under the provisions of section 128(13) or (14) of the Immigration Act 1987, unless a permit is granted;
11. a child born in New Zealand on or after 1 January 2006 and deemed to be unlawfully in New Zealand under section 4A of the Immigration Act 1987 (see A17.5).

Effective 01/01/2006