Prime Minister Jacinda Ardern says visitors coming to New Zealand who don't self-isolate are not welcome and will be shown zero-tolerance. Photo / Mark Mitchell
International travellers coming into New Zealand now have to sign a declaration saying they will self-isolate for 14 days or be turned away at the border.
The new rule came into force at midnight and was announced on the Immigration NZ website today.
The website states: "WARNING - You must follow instructions from a Medical Officer of Health relating to Covid-19 from Wednesday 18 March 2020, or you risk being detained or deported."
This follows a strong warning from Prime Minister Jacinda Ardern on Monday that anyone unwilling to self-isolate was "not welcome" in New Zealand, and would be given zero-tolerance.
The Government's travel restrictions, which took effect at 1am Monday, require all international travellers arriving in this country to self-isolate for 14 days. Only people arriving from the Pacific are exempt.
Yesterday two people were quarantined and will be deported for failing to self-isolate.
INZ compliance and verification general manager Stephen Vaughan said the tourists' behaviour was "completely irresponsible and will not be tolerated".
"They are currently being quarantined. If they fail to depart after quarantine, they will be arrested and detained under the Immigration Act.
They came into New Zealand before the new rule came into force, but a spokeswoman for Immigration NZ said they were still liable for deportation under the Immigration Act.
The Act says the Immigration Minister, who can delegate to immigration officials, can make someone on a visitor visa liable for deportation if there is "sufficient reason".
"They have been made liable as a result of failing to adhere to the Health Act, which is considered sufficient grounds under the Immigration Act," the spokeswoman said.
A deportation liability notice can be appealed, which could delay any enforcement action for two to three months.
A third person was escorted from a backpacker hostel in Christchurch for failing to self-isolate.
The new rule now in force, which makes the grounds for deportation clearer, means that compliance with a Medical Officer of Health's order to self-isolate is a condition of the visitor visa.
Flouting that order will make them liable for deportation.
The visitor can also be detained or quarantined under provisions of the Health Act if they are a potential threat to public health.
Failure to comply could carry a penalty of $2000 fine and even lead to a public health order for enforced detention, with staff stationed at the door to block any escape.
Such an order has only been used twice since the Health Act came into effect in 1956, both times for people with HIV.
Police have also been visiting a random sample of travellers to check they are self-isolating as required.
It is understood that Cabinet considered using a clause in the Immigration Act that protects "security" to deport non-compliant people, but decided against it.
Deporting this way could be challenged by arguing that public health was never intended as a threat to "security" when the law was passed.
So far more than 10,000 people had self-isolated, but those numbers are expected to skyrocket because of the strict new travel restrictions.
Ardern has said that being deported was a serious stain on someone's record, and Vaughan echoed that sentiment.
"Being deported has serious consequences," Vaughn said.
"It means individuals will be banned from returning to New Zealand for a period of time and they may also find it difficult to travel to other countries."