D2.10 People unlawfully in New Zealand must leave

Immigration Act 1987 ss 45, 46

1. From the moment a person is in New Zealand unlawfully until they leave New Zealand, they are obligated to leave New Zealand unless they are subsequently granted a permit.
2. The obligation to leave arises if the person is unlawfully in New Zealand because:
   1. their permit has expired or been revoked; or
   2. they entered New Zealand without a permit or exemption; or
   3. they are no longer exempt from the requirement to hold a permit; or
   4. they have lost New Zealand citizenship; or
   5. they are unlawfully in New Zealand for any other reason.
3. All people seeking visas to enter New Zealand will be advised of their obligation to leave New Zealand if they are in New Zealand unlawfully.
4. The obligation for a person unlawfully in New Zealand to leave New Zealand arises whether or not they are aware of their obligation to leave or of their liability to be removed from New Zealand.

Effective 01/10/1999