Section 9 — Immigration Act 2009: Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)

9 Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen) (1) In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand if the person is in New Zealand but— (a) is not the holder of a visa granted under this Act; or (b) has not been granted entry permission under this Act. (2) A person's status as being unlawfully in New Zealand is calculated— (a) as starting on the date the person arrived in New Zealand, if the person has never been lawfully in New Zealand since his or her arrival; or (b) as starting on the day after the date on which the person's visa expired or was cancelled without another visa being granted; or (c) in accordance with sections 373 and 374 , if— (i) the person was born in New Zealand on or after 1 January 2006; and (ii) he or she is not a New Zealand citizen.