Government announces crackdown on immigration breaches with new deportation rules, as overstayer numbers revealed
The Government is cracking down on serious immigration breaches, announcing it will strengthen deportation settings on the same day Immigration NZ revealed there are more than 20,000 people who have overstayed their visa.
Immigration Minister Erica Stanford believes the changes, soon to be introduced to Parliament, will address gaps in New Zealand’s compliance framework.
For example, under the current rules, someone who commits a serious crime cannot be liable for deportation if they have held a residence visa for more than 10 years.
“We’re fixing that,” Stanford said. “Where migrants don’t follow the conditions of their visa, I’ve made it clear to Immigration NZ compliance and enforcement actions are a priority.”
Between July 2024 and the end of June this year, 1259 people were deported from New Zealand, self-deported or voluntarily departed New Zealand, Immigration NZ said. This is an increase of 352 from the previous financial year.
Among the changes that Stanford’s new legislation will make is an expansion of deportation liability to up to 20 years to cover those with residence class visas who commit serious criminal offences.
Rules will be tightened to ensure providing false or misleading information can trigger deportation liability and clarifying that historic crimes – including those committed before arriving in New Zealand – can lead to deportation liability.
The definition of when a visa is considered to have been granted in error will be expanded. This means holders of a visa granted by mistake will no longer benefit from it and may be liable for deportation.
Deportation liability notices will also be able to be issued electronically if a physical address cannot be located. Immigration offers will have the ability to request identity-based information from someone when there is good cause to suspect they may be in breach of their visa conditions or potentially liable for deportation.
“We know most people comply with their visa conditions and New Zealand laws while they are here,” said Stanford.
“For those who do not, it’s important we have the right tools in place. We are proposing changes to the Immigration Act to ensure the immigration system is more robust and responsive so it can act more decisively when serious breaches occur.”
Stanford said penalties for migrant exploitation will also be toughened. The maximum penalty will rise from seven years imprisonment to 10 years.
“Migrant exploitation is unacceptable and will not be tolerated. This change recognises the seriousness of this crime and builds on a suite of changes made by this Government to reduce the opportunity for exploitation and stamp it out when it occurs.”
Immigration NZ said on Thursday that as of July 1, there were around 20,980 people in New Zealand who have overstayed their visa. This is the first estimate to be carried out using a new methodology which the agency believes has better accuracy than the previous one used in 2017.
In 2017, there were an estimated 14,000 overstayers, but immigration NZ warned against direct comparisons because of the different methodologies used.
In terms of nationalities, there are 2599 individuals from Tonga who were believed to be overstayers, followed by 2577 from China and 2213 from the US.
The top 10, which also includes people from Samoa, India, Great Britain, Philippines, Malaysia, Canada and Germany, represents 69.7% of the total estimate.
There were 24,425 people from Tonga who arrived in New Zealand on a temporary visa between July 1, 2023, and June 30, 2025. Of these, 472 were recorded as being overstayers, or 1.93%. This is the largest percentage recorded, followed by 1.66% of Samoans who arrived during this period.
Most of those recorded as being overstayers are in New Zealand on a visitor visa. Only a small number are here on a work visa – 2219 – or a student visa, 1031.
Ricardo Menéndez March from the Greens said the figures showed the need for the Government to offer a pathway to residency to many of those “falling through the cracks”.
“People without a visa need support. Most are active participants in our communities, have family here, and are also more vulnerable to exploitation,” he said.
“While the Greens have stopped countless families from being deported and their livelihoods destroyed, the Government should do its part.
“An amnesty programme for overstayers is not a novel idea - the New Zealand government offered a residency pathway for thousands of overstayers in the 1980s.
“The Greens have long called for an amnesty for overstayers, and better residency pathways for migrants. This is backed by many organisations such as the Pacific Leadership Forum and the Migrant Workers Association.”
Steve Watson, general manager of Immigration Compliance and Investigations, said the total estimate was a small proportion of the temporary migrants who come to New Zealand.
“Each year, New Zealand processes around one million visa applications and 1.6 million New Zealand Electronic Travel Authority requests and sees approximately 3.6 million arrivals from non-New Zealand citizens each year.
“While the vast majority of people comply with their visa conditions and leave before the expiry of their visa, unfortunately some people do not leave and consequently remain in New Zealand unlawfully.”
The estimate will be updated annually to ensure transparency and improve public confidence in the immigration system.
Immigration NZ said it does a significant amount of work to educate migrants on their rights and obligations as visa holders in New Zealand.
“We have an early intervention process for clients who become unlawful, encouraging active engagement with INZ, including options of voluntarily departing New Zealand before they are deported. People who overstay their visa must understand that if they do not qualify for a further visa, they are expected to leave New Zealand, or face deportation. ”
In terms of ensuring compliance, over the past couple of years it has focused on addressing situations such as “criminal activity as the first priority, particularly those who pose a threat to national security”.
“We have improved our productivity significantly in the compliance space over the last two years and this has seen our deportation numbers increase in recent years. Our operational focus is to ensure those who are of greatest risk to New Zealand, are deported.
“When Immigration Compliance staff locate someone who has overstayed their visa, they assess all available options including alternative visa pathways. Where possible individuals are encouraged to leave New Zealand voluntarily if they do not qualify for a new visa.”
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Poll: Is it ok to regift something that you have been given?
🎁 Holiday Gift Chat!
Do you ever regift?
What’s your take on asking for a receipt if a gift doesn’t fit?
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79.1% Yes! It's better to regift what I don't need
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20.9% No. It's the thought and effort that matters
Poll: 🗑️ Would you be keen to switch to a fortnightly rubbish collection, or do you prefer things as they are?
Aucklanders, our weekly rubbish collections are staying after councillors voted to scrap a proposed trial of fortnightly pick-ups.
We want to hear from you: would you be keen to switch to a fortnightly rubbish collection, or do you prefer things as they are?
Keen for the details? Read up about the scrapped collection trial here.
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83.4% Same!
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16.6% Would have liked to try something different
Why we need cash to stick around----Cash is king – Using notes and coins to pay for everyday goods and services is quickly becoming obsolete. When will cash disappear from our lives? And who'll miss out when it does?
Every March, the New Zealand Red Cross sends out teams of street volunteers across the country. With their white buckets and red vests, they're instantly recognisable. The idea, says philanthropy director Jasmine Edwards, is to raise awareness for Red Cross’ work and hopefully get some donations in the process. “It’s part of our largest fundraising event of the year,” she says.
But, over the past five years, the amount the street appeal brings in has been trending down. Edwards describes a combination of contributing factors: COVID, the ongoing cost-of-living crisis and a lack of cash. “We’ve seen a pretty steady decline in people carrying cash, and that’s had a big impact on our street appeals,” she says. “It’s really affected what we’re able to raise.” That, in turn, affects how much aid work the Red Cross can do.
Edwards and the teams she co-ordinates have pivoted to other fundraising methods. They’ve trialled EFTPOS, tap-and-go donation machines and even QR codes. Each has downsides, says Edwards. EFTPOS isn’t quick, and QR codes often rely on the person taking a photo and remembering to donate later. “The tap-and-go machines are quicker because you just pop your card on, but they’re quite costly. You could never afford to have one of those at every site.”
So far, the cashless options haven’t worked as well as people reaching into their pockets and grabbing a couple of notes or a handful of coins to throw into the Red Cross buckets. However, those days, it seems, are over. In 2023, Stats NZ reported just 7% of transactions were made in cash. Everyone is using alternative methods to pay for goods and services these days, from EFTPOS and apps like Afterpay to swiping their phones and watches loaded with their credit cards.
Edwards wonders how long Red Cross has got until it needs to make more changes to its street appeals. “Our volunteers have amazing conversations with people on the street,” she says. “It’s a real moment of human connection. You can’t quite replicate that with online donations.”
Cash is king – until it’s not
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Cash use is declining – rapidly. In its 2023 Cash Use Survey, the Reserve Bank of New Zealand found cash usage for everyday purchases had decreased from 95.8% in 2019 to 60.4% in 2021 and just 57.2% in 2023. The bank says 15% of New Zealanders prefer to use cash for everyday payments, but only 8% are regular or daily cash users.
Despite this decline, cash remains important, according to the Reserve Bank: it all depends on the situation. “Research establishes that New Zealanders place a high value on having access to cash,” a spokesperson told Consumer NZ. They cited short-lived personal emergencies, long-term complex personal challenges, community-level emergencies and digital payment outages as reasons for cash’s importance.
In December 2024, the Australian government announced it would mandate businesses selling essential goods and services in that country to accept cash from 2026. “For many Australians, cash is more than a payment method, it’s a lifeline,” officials said. Australians support this, with a survey by Australia’s consumer watchdog Choice showing 97% of respondents think stores shouldn’t be able to turn down cash for essentials.
But that’s not the case in New Zealand, where there are no rules to protect cash. If a business doesn’t want to accept cash, it just has to put up a sign saying so. The only rules limit how much a consumer can pay in coins. “The Reserve Bank is currently considering further changes to the law to support the cash system and ensure New Zealanders can access and use cash as desired,” the Reserve Bank spokesperson said.
How cash can help you spend less
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Tom Hartmann, the personal finance lead at New Zealand’s independent money guide Sorted, says cash can be used as an important tool for some people to make better budgetary choices. He says credit cards or apps like Afterpay removes a buffer and encourage consumers to spend more. “You go up to the till; you get what you want; you pay, wave, swipe, whatever you do ...,” he says. “It’s all pleasure because you’re getting the thing, and any pain is sort of reserved for the future, when you get the bill.”
Cash, he says, helps those who may be struggling with their budgets get their spending under control. “With cash, it’s a different experience. You’re holding cash in one hand, and you receive the goods in the other. So, your brain is processing the trade-off right in that moment – is this worth the pain of letting go of this cash for what I’m getting?”
Carrying cash, he admits, is becoming an antiquated notion. It depends on your personality. When he’s got cash, he’s more likely to spend it faster. But Hartmann recalls a conversation he recently had with his 17-year-old son, who has an entirely different attitude. “He sold something on Trade Me recently, and he wanted to be paid in cash, because he holds on to [cash] better,” Hartmann says.
How small businesses are coping
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Every Sunday, Carol Gunn opens the Grey Lynn community centre early to let in stall-holders. By 8am, the markets are humming with customers grabbing freshly-baked pastries, recently picked vegetables, hot drinks, cheese, eggs and more. Gunn has noticed more stall-holders offering EFTPOS and credit card facilities, and fewer customers taking cash.
But she also recognises the issues, saying operating EFTPOS machines can be pricey for stall-holders, especially when they’re just getting going. “At this time of the year, we get lots of NCEA students trying out business ideas as part of their course assessments – they can only use cash,” she says. “We get community fundraisers who can only use cash. Getting rid of cash could disenfranchise the grass-roots activities in society.”
Frank Argent, the owner of Barefoot Gardens, a small produce farm in Kumeu, Auckland, agreed. While bagging up my potatoes and chillis recently, he told me about 40% of his customers paid in cash, which he encouraged. Why? “Every time you swipe your card, the bank takes a sizable chunk,” he said. “For a small business like ours, it adds up to a reasonable amount over a week.”
Other factors to consider in the death of cash
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There are still many elderly people who cannot use, or forget how to use, tech. Cash, therefore, remains very important to them for everyday items like groceries. “A cashless society makes things very difficult for older [generations],” one financial advisor told me.
Natural disasters or emergencies can affect internet networks, shutting down EFTPOS and credit capabilities. “Cash is often the only option at that time,” an advisor said. “Everyone should have a small amount of cash put aside.” How much is a personal decision, but the National Emergency Management Agency suggests it’s logical to have enough for three days’ worth of food and petrol. It also says small denominations, like $5 notes, are useful because some businesses may not be able to offer change.
Putting coins into a piggy bank is often a child’s first interaction with money. An advisor said the process can teach children important financial basics about saving money from an early age.
The king is dead; long live the king!
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Claire Matthews, an associate professor at Massey University’s business school, says it’s too soon to say we’re on the brink of becoming a cashless society. “We have already moved a long way towards it, but I think cash transactions will be difficult to eliminate,” she says. “I think probably most of us are ready to move to a cashless society. But there are a few who aren’t and will likely find it very hard.”
But my own experiences suggest the shift could be happening faster than anyone thinks. While researching this piece, I found a sign at my local Pak’nSave declaring the store’s self-service check-outs would soon stop accepting cash. “Cashless,” warned a printed sign in red.
Then, at a recent Auckland Football Club match, I approached a cashier while balancing drinks and hot chips. When I handed her a $50 note, she turned it away, saying, presciently, “We don’t accept cash here”. I smiled and waved my phone over the terminal. That $50 will have to wait for another day.
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