The Minister of Justice claims she's had an assurance from the Australian Immigration Minister that New Zealand-born deportees won't be jeopardised by coming back here to fight the cases against them.

LISTEN TO JUSTICE MINISTER AMY ADAMS WITH LARRY WILLIAMS ABOVE

Lawyers for the Green Party uncovered a waiver deportees must sign before release, which includes a clause that it's up to the Australian Government whether or not their appeal will continue.

Prime Minister John Key had publicly encouraged detainees to return to New Zealand from Australian detention centres, assuring them they can continue the legal process here and apply for Australian citizenship.

Justice Amy Adams has been assured that waiver form doesn't apply to Kiwis.

"No New Zealander is prejudiced or has their appeals in any way dismissed by returning...No New Zealander is required to pay a charge," she said.

"The form predates the obligations that were made and is a generic form that they use for nationals of all countries."

Adams notes that not all countries are treated the same.

Green Party lawyer Greg Barns had been in contact with the Australian Human Rights Commission and pointed out earlier today that "if you have any applications before the department and before the Minister or before the courts in Australia, if you return to New Zealand, then you may not be able to exercise those rights."

Barns said many detainees have spent so long in detention centres, they feel their only option is just to sign it - leaving them at the discretion of Australian Immigration.

But Prime Minister Key insisted that won't be what happens in practice, and is "100 percent confident" deported New Zealanders can still appeal their case over the Tasman.

"It looks slightly like a bush lawyer interpretation, is correct or not, but what I do absolutely know is that Malcolm Turnbull, the Prime Minister of Australia, looked me in the eye and said people can come back to New Zealand, I've made sure that's absolutely going to happen."

Green Party co-leader Metiria Turei claimed that "Key's priorities are clearly about his relationship with Turnbull and the Australian government, and not about protecting the rights of New Zealanders who live in Australia."

Labour Party leader Andrew Little agreed, saying that the form provides some pretty damning evidence that Australia may have mislead deportees.

"It does start to look like the Australian government, at its highest levels, is frankly pretty flaky when it comes to their relationship with us, and it's just not on."