The Prime Minister says the Australian Government is within its right to deport a criminal to New Zealand - despite him never setting foot here.

40-year-old Alex Viane, who has a racked up a string of convictions across the ditch, is being forced out of Australia - where he's lived for 25 years.

READ MORE: Australia 'ripping people's lives apart' by deporting NZ citizen

However Jacinda Ardern told Chris Lynch our Government's using diplomatic channels to urge Australia to reconsider.

"To send someone back to New Zealand where they have no connection, where they were not raised, where they did not learn their criminality, is something different entirely.

"At the moment, they are within their rights to do what they are doing."

Viane was born in American Samoa and moved to Australia as a 15-year-old when he was adopted by an uncle living there.

Thus he became a New Zealand citizen because his uncle held New Zealand citizenship.

Viane has been in and out of jail since he moved to Australia, and he now has a wife and two children there.

Iwi in Oz founder Filipa Payne says it is an issue that the government here has to address.

"Families are being torn apart. The Australian government is ripping people's lives apart and taking them away from everything they know.

"It's morally wrong, and where is the integrity?"

LISTEN TO CHRIS LYNCH'S FULL INTERVIEW WITH JACINDA ARDERN ABOVE