Previous changes for residents.
In our December 2025 blog, we explained the changes to the Immigration Act for residents who face criminal charges. Previously, it was possible to apply to the Court for a discharge without conviction and, if this was granted, to avoid deportation liability. From 27 May 2026, pleading guilty to an offence is enough, and a discharge will not prevent deportation liability.
Sometimes there are other reasons to seek a discharge without conviction, such as employment, applying for Citizenship, or entry into other countries that have strict character requirements. Clients facing those situations are urged to seek expert legal advice from a deportation expert.
Upcoming changes for residents
The Immigration (Enhanced Risk Management) Amendment Bill was introduced to Parliament in March 2026. It is currently (in June 2026) awaiting a report back from the Select Committee, but it is likely to come into force before the November 2026 election.
The Bill proposes extending the period during which residents can be deported for serious offences from visa from 10 to 20 years. For less serious matters, it increases the current 2 years to 5 years. This raises issues for people who are long out of touch with Immigration New Zealand, not receiving notices.
How might INZ implement these changes?
We think the implementation could be a slow-burning approach that gathers pace. There are already delays of up to a year or more in issuing fresh deportation liability notices because of the workload of INZ Deportation Team. When considered alongside the tougher approach to deportation for misleading information in recent years that workload is only going to increase even more. Immigration New Zealand may well rely on data matching for historic offences. There is already the challenge of people not receiving the deportation questionnaire because they have been out of contact with Immigration New Zealand for many years and have changed address. This will continue to be the case.
Options for residents with convictions
Remind your criminal lawyer
If you are facing charges ask you criminal lawyer about the immigration implications of pleading guilty and seek Immigration legal advice.
Get early legal representation
If you are facing deportation liability you generally still have a chance to explain yourself to the Minister (or delegated decision maker) through a deportation questionnaire before the decision is made. Experienced legal representation is strongly advised at this point.
Get the file
Part of our approach will be to request and fully analyse you immigration files. We’ll ask for additional time to do this. We don’t concede things without checking. Our director, Richard Small, is a trailblazer in Immigration New Zealand disclosing all information that clients are entitled too and has served on a reference group with senior INZ managers on these issues. It is an ethical requirement in a case like this that your adviser or lawyer must request and check your file, no exceptions. We have successful supported Tribunal cases on behalf of client where advisers have not done so.
Look at appeal options
You can also appeal to the Immigration and Protection Tribunal within 28 days of the deportation liability notice being served. We can advise you about this.
Old convictions? Consider citizenship
If you have some very old convictions (but within 20 years) and are not yet facing deportation investigation you could proactively apply for citizenship. The Department of Internal Affairs DIA has its own rules about convictions. You must declare the offences and in some cases your request could go to Minister for approval. However, if you have been honest with DIA once granted, citizenship protects you from Deportation. Citizenship is generally available after 5 years as a resident subject to spending 2/3rds of each year here. There are a few exceptions we can advise on.
Warning
Don’t simply reply on AI research or the cheapest fixed fee – from advisers who “burger flip” high volumes of easy temporary applications.
- “Burger flipping” has a place, but not when it comes to hard cases.
- AI can’t know the finer points of discretionary decision making that is not published on any website.
Why Richard Small: Pacific Legal?
We are very experienced in all aspects of character issues and deportation ranging from responding to deportation questionnaires, to ministerial requests to giving expert opinions in the District Court and High Court on discharge without conviction.
We are one of the most experienced law firm in New Zealand with humanitarian appeals – our Director Richard Small has done 100 plus such appeals in recent years.
Let our experience be your guide.
Contact us for our free online assessment of your case.
Note:
This article is general information only. Every case is different and Immigration laws and rules change regularly. Contact us for a specific assessment of your case. More complex cases will require us to request you file before confirming our advice.
Richard Small Director
June 2026
