Upcoming changes for temporary visa holders
The Immigration (Enhanced Risk Management) Amendment Bill was introduced to Parliament in March 2026. It is currently (in June 2026) awaiting report back from the Select Committee, but it is likely to come into force before the November 2026 election.
Discharge without conviction won’t stop deportation
If passed, temporary visa holders will no longer be able to rely on discharges without conviction to avoid deportation liability. Just pleading guilty to the offence will be enough, regardless of whether you are convicted.
Wait there’s more …
Under this amendment the humanitarian appeal that is currently available for temporary visa holders 28 days after being served with a deportation liability notice (a notice that effectively cancels the visa) or 42 days after the visa expires, will be removed:
- For all visitor visa holders and
- For those who have been convicted of or pleaded guilty to criminal offences. This is a significant change for those who are in relationships or have other close connections to New Zealand.
What is a humanitarian appeal?
The grounds for such an appeal to the Immigration and Protection Tribunal under section 207 of the Immigration Act 2009 are high: Exceptional humanitarian circumstances that would make it unfair or unduly harsh for you to be deported. Just being poor in your home country or wanting better opportunities here are not enough. Pointing to harm to New Zealand partner and children if you are deported is more relevant.
They also have to show that it’s in the public interest to stay in New Zealand (looking at convictions, health conditions e.t.c). Appeals are currently taking the Tribunal around 8 months to decide. The Tribunal’s 2024/25 report suggested 52% were successful. That is a high percentage. If you were on a temporary visa you keep it until the appeal is decided. If your visas has expired when you appeal you cannot be deported until 28 days after a decision is made.
We put in a submission to the Education and Workforce selection committee with our concerns.
Reconsideration
There will still be 14 days for Immigration New Zealand to reconsider a deportation liability notice. However, without the backstop of a humanitarian appeal, we believe that successful reconsiderations will be even more rare than they are at present.
Ministerial requests
It may be possible to lodge a request to the Minister asking to stay in New Zealand on humanitarian or other grounds. These requests are made under absolute discretion and section 11 of the immigration act. The decision maker does not need to consider the request, or make any decision and will not provide any reasons for their decision. Unlike current appeals from a deportation liability notices you are not guaranteed a visa while you wait for the outcome. However an alert is placed on your file that may delay deportation. We have seen delays of around 4 to 6 months with ministerial decisions. Most decisions are made by kept Delegated Decision Makers who are senior managers making decisions on behalf of the Associate Minister of Immigration. We are very familiar with this process.
Complaints to the Ombudsman
If you believe Immigration New Zealand have acted unfairly, and have breached their own processes (not just because you disagree with the outcome), then you can complain through Immigration New Zealand’s Complaint Resolution Process. If that is refused you can go to the Office of the Ombudsman. In our considerable experience you need clear evidence to support your complaint. We need to request the file. We have had success with each of these processes. The Ombudsman can make recommendations and refer your case back to INZ. They do not make INZ’s decision for them. During these processes you will normally have hold on deportation, but not a visa. The Ombudsman can also review non disclosure of information by INZ.
High Court
Where there has been egregious breaches of fairness and natural justice you may be able to seek Judicial Review. However this a very expensive processes with risk of major costs if you lose. There is no legal aid. Some cases settle but most of those which go to a hearing are lost. In reality the standard of proof is very high.
If you’re convicted, what to do?
- Seek immigration legal advice as soon as possible. Even comparatively minor offences can have a huge impact on your immigration future in New Zealand.
- Tell the duty solicitor or the criminal lawyer who later appears for you in Court that you are on a temporary visa. Too often we continue to see cases where there has been no consideration about immigration impacts until it is too late.
- Don’t be complacent because there is a delay with the deportation liability notice. In recent times we have seen delays of a year or more of convictions reaching the deportation team within resolutions at Immigration New Zealand. Clients have thought they are in the clear and suddenly find they are facing deportation liability.
- Don’t forget your obligation to keep Immigration New Zealand informed s. Under section 58 of the Immigration Act 2009, those applying for or holding visas have an obligation to inform Immigration New Zealand of any relevant change in circumstances. Don’t leave it for Immigration New Zealand to discover your conviction through their data match with the Ministry of Justice. We can assist you in notifying Immigration New Zealand and putting positive factors up front.
We are one of the most experienced law firm in New Zealand with humanitarian appeals-our Director Richard Small has wealth of experience in this area.
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
