Overstaying in New Zealand: what can you do if deportation is a risk?
Immigration New Zealand (INZ) estimates that 20,979 people in New Zealand overstayed their visas as at 1 July 2025. INZ's previous estimate was approximately 14,000 in 2017, but INZ says its methodology has changed: the difference is not a reliable measure of growth in overstaying.
INZ also reports 1,259 deportations, self-deportations and voluntary departures combined in the 2024/25 financial year, compared with 907 in 2023/24.
If your visa has expired, check the appeal deadline immediately
A person who is unlawfully in New Zealand is liable for deportation under section 154 of the Immigration Act 2009. Ordinarily, that person may appeal to the Immigration and Protection Tribunal (IPT) on humanitarian grounds within 42 days of first becoming unlawful. You do not have to wait for a deportation order or a visit from compliance officers. There are exceptions, including where a person has already had an opportunity to appeal; an unsuccessful visa reconsideration can also affect the start of the 42-day period. Obtain advice on the exact calculation rather than guessing.
A humanitarian appeal succeeds only if the IPT is satisfied that exceptional circumstances of a humanitarian nature would make deportation unjust or unduly harsh, and that allowing the person to remain would not be contrary to the public interest. Relevant evidence may include a child's circumstances and best interests, family relationships, medical evidence, the likely impact of removal, and any other circumstances particular to the case. None is an automatic exemption, and supporting documents matter. Where an appeal succeeds, the IPT can make orders to give effect to its decision, which may include a visa.
Consider a section 61 request—but do not mistake it for an appeal
Under section 61 of the Immigration Act 2009, the Minister may grant a visa to someone unlawfully in New Zealand if no deportation order or removal order is in force. This is an absolute discretion, not a right to a visa. A carefully supported request should explain the circumstances of the overstay, the proposed lawful visa pathway, and the evidence supporting any compassionate or other relevant circumstances. Work, study or family ties alone do not guarantee a grant.
A section 61 request does not substitute for a humanitarian appeal.
If you still hold a visa and receive a deportation liability notice, respond to that notice
An INZ allegation against a current temporary visa holder is not the same as an overstay. For example, under section 157, a temporary visa holder may be made liable for deportation for sufficient reasons, including an alleged breach of visa conditions or offending. Generally, the holder has 14 days after service of the notice to give reasons why deportation should not proceed, and 28 days after service to bring a humanitarian appeal to the IPT. Other grounds of liability, and residence-class visas, have different rules and may permit an appeal on the facts as well as humanitarian grounds. Check the notice, the statutory ground and the service date immediately.
If returning home would expose you to serious harm, obtain protection advice
A person who fears persecution or a qualifying risk of torture, arbitrary deprivation of life or cruel treatment on return should urgently seek specialist advice about a refugee or protected-person claim. These are legal protection tests, not a general means of avoiding the consequences of overstaying. This type of claim can interact with humanitarian appeal rights and deadlines; obtain advice before filing parallel applications.
Ask whether deportation liability can be cancelled, or whether voluntary departure is preferable
The Minister has a statutory power to cancel deportation liability; and a separate power to suspend liability under section 172 for residence-class visa holders. These are discretionary avenues, not entitlements or substitutes for an IPT appeal. If no viable route to remain exists, discuss a managed voluntary departure with an immigration lawyer before enforcement escalates. The consequences of departure, any entry prohibition and possible future visa applications depend on the person's circumstances and the stage of the deportation process.
Bottom line: overstaying is serious, but there may be a short window to pursue a legally available remedy.
Who can help me with a deportation case?
You should contact Simon Graham or one of Young Hunter’s experienced deportation lawyers as soon as possible. Our team can help you understand your rights, explain your options, and guide you through the deportation and appeal process.
Depending on the reasons for the deportation, there may also be other options available to help resolve the issue.
