Critical Warning for Visa Holders: Are you a visa holder in New Zealand facing a traffic charge? A conviction could put your immigration status at risk.
Why It Matters
Under section 161 of the Immigration Act 2009, migrants can be deported if convicted of offences with potential imprisonment of 3 months or more. Many traffic offences meet this threshold, making even seemingly minor charges a serious threat to your future in New Zealand.
"A person who is not a New Zealand citizen may be deported if they have been convicted of an offence punishable by imprisonment for a term of 3 months or more."
-- Section 161, Immigration Act 2009
Common Offences That Risk Deportation
Drink Driving
Maximum penalty: 3 months imprisonment or $4,500 fine (first offence)
Driving While Disqualified
Maximum penalty: 3 months imprisonment or $4,500 fine
Careless Driving Causing Injury
Maximum penalty: 3 months imprisonment or $4,500 fine
Reckless Driving
Maximum penalty: 3 months imprisonment or $4,500 fine
Discharge Without Conviction: Your Protection
Section 106 of the Sentencing Act allows the court to discharge you without conviction where the consequences of a conviction would be disproportionate to the gravity of the offence.
Section 106 Criteria
The court must consider:
- The gravity of the offence
- The consequences of conviction (deportation risk)
- Whether these consequences are disproportionate
- Your personal circumstances and character
- The direct and indirect consequences to others
Who Should Consider Section 106?
Visa Categories at Risk:
- Work visa holders
- Student visa holders
- Resident visa holders
- Partner visa holders
- Working holiday visa holders
Strong Section 106 Factors:
- Clean criminal record
- Employment in New Zealand
- Family ties to New Zealand
- Community involvement
- First-time offender
Real-World Examples
Successful Case: Work Visa Holder
A skilled worker on a work visa caught drink driving sought discharge without conviction. The court granted it, considering his clean record, employer support, and the fact that deportation would separate him from his New Zealand partner and young child.
Successful Case: Student Visa
An international student facing careless driving charges received a discharge without conviction. The court considered that a conviction would end their studies and force them to return home, wasting years of investment in their education.
Important Timing Considerations
Don't Plead Guilty Immediately
Once you plead guilty, you cannot change your plea. You must apply for discharge without conviction before entering a guilty plea or after pleading guilty but before sentencing.
Seek Legal Advice First
Many migrants plead guilty at their first court appearance without understanding the immigration consequences. Always get legal advice before your first court date.
What Evidence Do You Need?
- Character references from employers, community leaders, or family
- Employment documentation showing your contribution to New Zealand
- Evidence of family ties such as New Zealand partners or children
- Immigration documentation showing your visa status and future plans
- Community involvement such as volunteering or sports club membership
Protect Your Status
Don't let a traffic charge derail your New Zealand future. Seek immediate legal help if you're facing any criminal charge. Avoid pleading guilty until you understand the immigration consequences and have explored all your options.
If you're also dealing with driving disqualification, learn about your options with our guides on limited licence applications and drink driving exceptions.
Take our free eligibility quiz to get started, or contact Limited Licence Lawyer for expert legal assistance with both traffic charges and immigration consequences.