New Zealand immigration practice runs on a handful of statutory clocks. The four that matter most are 14 days to seek reconsideration of a declined onshore temporary visa, 28 days to appeal a deportation liability notice, 42 days to appeal a residence decline, and 28 days for judicial review. Everything else is either an instruction, not a statute, or has no deadline at all.
This is a reference page. Every timeframe below is cited to the provision or instruction it comes from. Where a number is commonly repeated but not published anywhere authoritative, we say so rather than print it.
Key facts
| Principal instrument | Immigration Act 2009 |
|---|---|
| Secondary source | INZ Operational Manual (immigration instructions) |
| Hardest deadline | Residence appeal, 42 days, no extension power (s 187(5)) |
| Shortest deadline | Refugee or protection appeal by a person in detention, 5 working days (s 194(2)(a)) |
| Only extendable appeal deadlines | Refugee and protection appeals (ss 194(3), 195) |
| Deemed service, NZ post | 7 days after sending (s 386A(4)(a)) |
| Deemed service, overseas post | 14 days after sending (s 386A(4)(b)) |
| Deemed service, email | 3 working days after sending (s 386A(5)) |
| No deadline at all | Section 61 requests, in either direction |
| Checked | 10 August 2026 |
What are the statutory deadlines under the Immigration Act 2009?
Eleven deadlines in the Act govern almost every contested matter an adviser will handle. They fall into three groups: reconsideration and response windows measured in days from service, appeal windows to the Tribunal, and court windows. The table gives the provision for each so you can check it against the version in force on your client’s dates.
| Event | Deadline | Runs from | Authority |
|---|---|---|---|
| Reconsideration of a declined onshore application for a further temporary visa | 14 days, and the applicant must still be lawfully in New Zealand | Date the applicant received notice of the decision to decline | s 185(2) |
| Giving good reason why deportation should not proceed (temporary entry class holder) | 14 days | Date of service of the deportation liability notice | ss 157(2), 171(c) |
| Appeal to the Tribunal against liability for deportation, temporary or interim visa holder | 28 days | Date of service of the deportation liability notice | s 157(4) |
| Appeal to the Tribunal against liability for deportation, resident or permanent resident | 28 days | Date of service of the deportation liability notice | ss 158 to 161 |
| Humanitarian appeal by a person unlawfully in New Zealand | 42 days | Day the person first became unlawfully in New Zealand | s 154(2) |
| Humanitarian appeal after an unsuccessful s 185 reconsideration | 42 days | The later of becoming unlawful, or receiving confirmation of the decline | ss 154(4), 185(4)(c)(ii) |
| Appeal to the Tribunal against a residence class visa decision | 42 days | Date the appellant is notified of the decision | s 187(5) |
| Refugee or protection appeal, appellant in detention | 5 working days | Date of notification | s 194(2)(a) |
| Refugee or protection appeal, all other cases | 10 working days | Date of notification | s 194(2)(b) |
| Leave to appeal a Tribunal decision to the High Court on a point of law | 28 days | Date the Tribunal decision was notified | s 245(2) |
| Judicial review of a statutory power of decision under the Act | 28 days | Date the person is notified of the decision | s 247(1) |
Two points worth holding onto. First, the 14-day reconsideration right is exhausted after one use: section 185(5) says the result is final and conclusive and no further application for reconsideration may be made. Second, judicial review time can be extended by the High Court for special circumstances under s 247(1)(a), but the Tribunal appeal windows generally cannot.
When does the clock actually start?
Almost never on the day you read the email. Notification is a legal event, and section 386A sets deemed receipt dates for documents INZ serves or sends. Diarising from the date a file note was made, rather than the date of deemed receipt, is how a 42-day appeal quietly becomes a 45-day one.
| Method of sending | Deemed received | Authority |
|---|---|---|
| Registered post to an address in New Zealand | 7 days after the date sent | s 386A(4)(a) |
| Registered post to an address outside New Zealand | 14 days after the date sent | s 386A(4)(b) |
| Sent to an electronic address | 3 working days after the date sent | s 386A(5) |
Section 386A(6) lets a residence class visa holder, or a person with an appeal right under s 187(1), displace the postal presumption by proving they did not receive the document and that this was not their fault.
There is one live inconsistency you should know about. The Tribunal’s own guide to residence appeals says that where the notification date cannot be established and the decision was emailed, the date is 3 calendar days after sending, while s 386A(5) says 3 working days. Over a long weekend those produce different deadlines. Diarise the earlier of the two and file well before it.
The same guide also sets out how the 42 days are counted: Saturdays and Sundays are included, but the days from 26 December to 31 December are excluded, as are New Year’s Day, the day after New Year’s Day, the relevant provincial anniversary day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, Christmas Day and Boxing Day. A file that closes for Christmas on a 42-day clock is not on the clock you think it is.
How long do I have to respond to a PPI letter?
For as long as the letter says, and no longer. There is no statutory period for responding to potentially prejudicial information and no fixed period in the current immigration instructions. A1.5 of the Operational Manual asks whether the applicant was informed of information that might harm their case and given a reasonable opportunity to respond.
The Operational Manual’s fairness section makes the standard explicitly contextual: how much fairness is owed “depends on the circumstances of the application, and the consequences of the decision for the applicant”, including whether the application was made onshore or offshore, the class and type of visa, and the applicant’s links to New Zealand. Two PPI letters on two files can carry two different response periods, and the only authority for either is the letter in front of you.
The practical consequence for a practice is that PPI deadlines cannot be templated. They have to be read off each letter and recorded against that matter on the day the letter arrives.
What is the difference between the 42-day and the 28-day windows?
They attach to different decisions. 42 days is the window to appeal a residence class visa decision under s 187(5), and separately the window for a person who is already unlawfully in New Zealand to appeal on humanitarian grounds under s 154(2). 28 days is the window to appeal liability for deportation once a deportation liability notice has been served.
The distinction matters because the two clocks can run on the same client in sequence. A declined onshore temporary visa application gives a 14-day reconsideration right under s 185. If reconsideration is unsuccessful and the client no longer holds a visa, s 185(4)(c)(ii) requires INZ to tell them they may appeal on humanitarian grounds not later than 42 days after receiving confirmation of the decline. If instead a deportation liability notice is served on a visa holder, the appeal is 28 days from the date of service, and for temporary entry class holders there is also a 14-day right under s 157(2) to give good reason why deportation should not proceed. Section 171 requires the notice itself to state which rights apply and the time limit for lodging an appeal. Read the notice.
Filing is not complete until the fee is paid. The Ministry of Justice forms and fees page lists a fee of $964 including GST for residence appeals and for all three categories of deportation appeal, with no fee for refugee and protected person appeals. The fee cannot be waived. Note that the Tribunal’s residence appeal guide PDF still states $910, so confirm the figure on the fees page on the day you file.
Is there any deadline on a section 61 request?
None, in either direction. Section 61 lets the Minister grant a visa of any type to a person unlawfully in New Zealand who is not subject to a deportation or removal order, and s 61(2) makes that an absolute discretion. Section 11 then removes almost everything an adviser would normally rely on.
Under s 11(1), a matter in absolute discretion may not be applied for. If a person purports to apply, there is no obligation to consider the request, to inquire into their circumstances, or to make further inquiries. Whether the request is considered or not, no reasons need be given other than that s 11 applies, and privacy principle 6 does not apply to those reasons. The Operational Manual at A23.5 confirms that an officer may refuse to consider a request and need not record why. INZ’s public guidance states that there is no time frame for assessing section 61 requests, that a request does not stop deportation, and that a decision cannot be appealed, only judicially reviewed on process.
So the operative deadline is not on the request. It is on the visa that preceded it. INZ’s guidance also warns that a person may be banned from returning to New Zealand if they stay unlawfully for 42 days or more. The day a visa lapses, a client’s options narrow from rights with timeframes to a discretion with none.
How long do medical and police certificates stay valid?
Three months for a fresh medical, six months for a police certificate, with longer reuse windows if the documents were already accepted on an earlier application. These are instruction-based, not statutory, so they move more often than the Act does.
| Document | Rule | Authority |
|---|---|---|
| Medical and Chest X-ray Certificate, residence class | Issued less than 3 months before the date the application is made | A4.20 |
| Medical and Chest X-ray Certificate, temporary entry class (stay of more than 12 months) | Issued less than 3 months before the date the application is made | A4.25 |
| Reuse of an accepted medical | Acceptable if the earlier certificates were issued less than 36 months before the current application and health was assessed as acceptable | A4.20(d), A4.25(c) |
| Police certificate | Less than 6 months old at the time the application is lodged | A5.10(a) |
| Police certificate, ageing during processing | If it becomes a year old from date of issue before a decision, an officer may request a further certificate | A5.10(b) |
| Police certificate reuse, temporary entry and Partnership or Dependent Child residence | Accepted for a further application made within 24 months of the date of issue | A5.10(d) |
| Police certificate reuse, PhD students and their dependants | Within 36 months of the date of issue | A5.10(d) |
One trap in the residence rule: an applicant who has spent six consecutive months in a country not listed at A4.25.10 since their last chest X-ray certificate must provide one less than three months old, regardless of the 36-month reuse window.
What are the AEWV, Job Check and accreditation timeframes?
Four clocks run in sequence: advertising, Job Check, job token, and the visa itself, with employer accreditation running underneath all of them. If accreditation lapses, the tokens beneath it die with it, which is why accreditation expiry belongs on the adviser’s calendar and not only on the employer’s.
| Step | Timeframe | Authority |
|---|---|---|
| Advertising before a Job Check, ANZSCO or NOL skill level 1 to 3 | Listed at least 14 calendar days, advert closed before the Job Check is submitted | WA3.20.1 |
| Advertising before a Job Check, ANZSCO skill level 4 or 5 | Listed at least 21 calendar days, plus good-faith engagement with Work and Income | WA3.20.1, WA3.20.3 |
| Age of advertising | Advertising end date must be within the 90 days before the Job Check is submitted | WA3.20.1 |
| Job token from an approved Job Check | 6 months, or until accreditation lapses or is revoked, whichever occurs first | WA3.35 |
| Employer accreditation, first grant, triangular arrangements, or after a lapse of 12 months or more | 12 months | WA2.45 |
| Employer accreditation, subsequent grant | 24 months | WA2.45 |
| Interim accreditation | Available where a subsequent application is accepted for processing before the current accreditation expires | WA2.45.1 |
| AEWV maximum continuous stay, ANZSCO or NOL skill level 1 to 3, Green List and specified categories | 60 months | WA4.11.1 |
| AEWV maximum continuous stay, ANZSCO skill level 4 or 5 | 36 months | WA4.11.1 |
| Stand-down after maximum continuous stay | 12 consecutive months outside New Zealand before a further first AEWV | WA4.11 |
Interim visas have their own clock. Under I1.15, an interim visa starts the day after the current temporary visa expires. If the further application is still under consideration six calendar months later, the interim visa expires at six months. If the application is declined or withdrawn within that period, the interim visa expires 21 calendar days afterwards. That 21-day tail is the entire window in which a client moves from lawful to unlawful, and it is short.
Which deadlines can be extended, and which cannot?
Very few. The Tribunal may extend time for lodging a refugee or protection appeal where special circumstances warrant it, under ss 194(3) and 195. The High Court may allow further time for judicial review under s 247(1)(a), and further time for a leave application under s 245(2)(b). That is the list.
Note the shape of the leave provision: s 245(2)(b) only helps if the application for further time is itself made before the 28 days expire. There is no extension power for a residence appeal under s 187, none for deportation liability appeals, and none for the 14-day reconsideration right. The Tribunal’s residence guide puts it without hedging: do not leave it until the last minute, because the Act does not allow the Tribunal to extend the lodgement deadline. An adviser who files on day 43 has not filed late; the client simply no longer has the right.
Two adviser-side deadlines carry the same character. The Immigration Advisers Authority states that the Registrar has no discretion to accept a renewal application received after the expiry of a current licence, and separately that advisers must complete at least 20 hours of acceptable professional development in each 12-month licensing period and retain the CPD plan and record for up to three years. Both are absolute in the same way an appeal window is.
The common thread across everything above is that these dates are properties of a file, not of a person’s memory. A deadline recorded against the matter, with the provision or instruction beside it and the deemed-service date it was calculated from, survives staff turnover, annual leave and a lost phone. That is the whole design principle behind how Clerq handles deadlines: the date, the authority and the file live together. It is a system of record, not a guarantee. No software makes a statutory window longer.
This article is a practice-management reference, not immigration advice and not legal advice. Timeframes change, and the instructions in force are those applying to your client’s application on their dates. Confirm each provision before you rely on it, and where a client’s rights are at stake, get legal advice.
Frequently asked questions
Is the deadline to appeal a residence decline 42 days or 28 days?
42 days. Section 187(5) of the Immigration Act 2009 says an appeal against a decision concerning a residence class visa must be brought not later than 42 days after the date the appellant is notified of the decision. The 28-day window is the appeal against liability for deportation once a deportation liability notice has been served.
How long do I have to respond to a PPI letter from INZ?
There is no fixed statutory period. Potentially prejudicial information sits under the fairness principles at A1.5 of the Operational Manual, which require that an applicant be given a reasonable opportunity to respond to harmful information. The period is whatever the letter states, so the letter itself is the authority, not a remembered default.
Is there a time limit on a section 61 request?
No. Section 61 is an absolute discretion under section 11 of the Immigration Act 2009. It may not be applied for, there is no obligation to consider a request, no obligation to give reasons, and no right of appeal. INZ’s published position is that there is no time frame for assessing section 61 requests.
When does the appeal clock start if INZ emails the decision?
Section 386A(5) deems a notice sent to an electronic address to be received 3 working days after it was sent. The Tribunal’s own residence appeal guide states 3 calendar days for email. Where those two produce different dates, treat the earlier one as the deadline and file well before it.
Can the Immigration and Protection Tribunal extend a missed appeal deadline?
Only for refugee and protection appeals. Sections 194(3) and 195 let the Tribunal extend time where special circumstances warrant it. There is no equivalent power for residence appeals under section 187 or for deportation liability appeals, and the Tribunal’s residence guide states plainly that the Act does not allow it to extend the lodgement deadline.
How long is an approved Job Check valid?
Job tokens granted on an approved Job Check may have a validity of 6 months. A token expires after 6 months, or when the employer’s accreditation lapses or is revoked, whichever occurs first. While an employer’s accreditation is suspended, current tokens cannot be used to support an AEWV or Job Change application.
Sources
- Immigration Act 2009, whole Act, New Zealand Legislation. Source for ss 11, 61, 154, 157, 158 to 161, 171, 185, 187, 194, 195, 245, 247 and 386A. Checked 10 August 2026.
- Immigration Act 2009, s 185 Right of reconsideration if onshore application for further temporary visa declined. Checked 10 August 2026.
- Immigration Act 2009, s 187 Rights of appeal in relation to decisions concerning residence class visas. Checked 10 August 2026.
- INZ Operational Manual, A1.5 Fairness. Checked 10 August 2026.
- INZ Operational Manual, A4.20 Medical and Chest X-ray Certificates: residence class visa applications. Checked 10 August 2026.
- INZ Operational Manual, A4.25 Medical and Chest X-ray Certificates: temporary entry class visa applications. Checked 10 August 2026.
- INZ Operational Manual, A5.10 Police certificates. Checked 10 August 2026.
- INZ Operational Manual, A23.1 Overview and legal framework (section 61) and A23.5 Considering or refusing to consider a request. Checked 10 August 2026.
- INZ Operational Manual, I1.15 Currency of interim visas. Checked 10 August 2026.
- INZ Operational Manual, WA2.45 Currency and approval specifications of employer accreditation. Checked 10 August 2026.
- INZ Operational Manual, WA3.20 Labour market test. Checked 10 August 2026.
- INZ Operational Manual, WA3.35 Currency and approval specifications of a Job Check. Checked 10 August 2026.
- INZ Operational Manual, WA4.11 Maximum Continuous Stay and WA4.15 Currency and conditions of Accredited Employer work visas. Checked 10 August 2026.
- Immigration New Zealand, If you stay in New Zealand after your visa expires, source for section 61 request process and the 42-day unlawful stay warning. Checked 10 August 2026.
- Immigration New Zealand, How to get a temporary visa decision reviewed, source for the 14-day reconsideration window. Checked 10 August 2026.
- Immigration New Zealand, Interim Visa. Checked 10 August 2026.
- Ministry of Justice, Immigration and Protection Tribunal, Forms and fees. Checked 10 August 2026.
- Ministry of Justice, IPT Guide 1: A guide to making a residence visa appeal (PDF). Checked 10 August 2026.
- Immigration Advisers Authority, Renew your licence. Checked 10 August 2026.
- Immigration Advisers Authority, CPD requirements. Checked 10 August 2026.
Published 10 August 2026. This is a plain-English guide for licensed advisers, not legal advice. Where it cites the Code of Conduct, the Immigration Act or the Privacy Act, read the source it links to rather than this summary of it.
