Since 27 May 2026, a guilty plea can trigger deportation liability for resident visa holders. Here is what that means for discharge without conviction applications.
For many years, applications for a discharge without conviction were regularly advanced and granted throughout New Zealand, particularly in the Queenstown District Court, on immigration grounds.
What has changed
On 27 May 2026, section 161 of the Immigration Act 2009 was amended. Before then, residence class visa holders could seek to avoid deportation liability if the Court granted a discharge without conviction. That is no longer necessarily the case.
Under the amended section 161, a residence class visa holder can be liable for deportation if they are convicted or found guilty of, and now plead guilty to, an offence. Whether deportation liability arises depends on the offence's maximum penalty and how long the person had held a residence class visa when the offence was committed.
Is it still worth seeking a discharge without conviction?
In some cases, yes. However, the threshold for obtaining a discharge remains high, and a discharge without conviction no longer guarantees that deportation liability will be avoided. Even so, a discharge may still make a difference in the circumstances of an individual case.
If you are charged by Police, what should you do?
Get advice before you enter any plea. A guilty plea can now create deportation risk.
Tell your lawyer about your visa status straight away, including when you first obtained residence.
Get specialist immigration advice early. The right advice can help you make an informed decision, and specialist evidence may strengthen both your discharge application and your immigration position.
How Todd Walker can help
If you have any questions or are facing criminal charges, our Criminal Defence team can provide you with advice and represent you in court, in Queenstown, Wānaka and across Central Otago. Contact us at enquiries@toddwalker.com or +64 (03) 441 2743.
This article is general information, not legal advice. For advice specific to your situation, get in touch with our team.