新西兰Investigations --NZIS

在新西兰

Investigations
Issue Date: 21 December 2005



Contents
Investigations
D1 Objective............................................................................................................................................1-1
D2 People suspected of being in New Zealand unlawfully......................................................................2-1
D2.1 Requirement to hold permit to be in New Zealand, or to be exempt....................................2-1
D2.5 Categories of people who may be in New Zealand unlawfully............................................2-3
D2.10 People unlawfully in New Zealand must leave...................................................................2-3
D3 Identifying and locating people suspected of being in New Zealand unlawfully................................3-1
D3.1 Dealing with information on people suspected of being in New Zealand unlawfully..........3-1
D3.5 Determining whether a person is in New Zealand unlawfully..............................................3-1
D3.10 Powers of immigration officers and Police in relation to persons suspected of being in New
Zealand unlawfully.......................................................................................................................3-2
D4 Removal from New Zealand...............................................................................................................4-1
D4.1 Removal action.....................................................................................................................4-1
D4.5 Who is liable for removal from New Zealand......................................................................4-2
D4.10 Making and serving a removal order..................................................................................4-3
D4.15 Content and effect of removal orders.................................................................................4-3
D4.20 Currency of removal orders................................................................................................4-4
D4.25 Cancellation of a removal order..........................................................................................4-4
D4.30 Executing a removal order..................................................................................................4-5
D4.35 Release or extended detention within the 72 hour period...................................................4-6
D4.40 Custody..............................................................................................................................4-6
D4.45 Effect of International Conventions on removal action......................................................4-7
D4.50 Issue of warrant of commitment.........................................................................................4-8
D4.55 Release from prison into immigration detention................................................................4-9
D4.60 People unlawfully in New Zealand arrested for other offences..........................................4-9
D4.65 Reclaiming costs of removal............................................................................................4-10
D4.70 Forfeiture of bond.............................................................................................................4-10
D4.75 Appeals against having to leave New Zealand.................................................................4-10
D4.80 Transitional provisions - existing removal orders.............................................................4-11
D4.85 Transitional provisions - people unlawfully in New Zealand as at 1 October 1999.........4-12
D5 Minors................................................................................................................................................5-1
D5.1 Nomination of responsible adult...........................................................................................5-1
D5.5 Roles and rights of responsible adult....................................................................................5-2
D5.10 Views of minor* to be considered......................................................................................5-3
D5.15 Serving a removal order or deportation order on a minor*.................................................5-3
D5.20 Executing a removal order or deportation order on a minor*.............................................5-3
D5.25 Detention of minors*..........................................................................................................5-3
D6 Warrants of commitment....................................................................................................................6-1
D7 Deportations.......................................................................................................................................7-1
D7.1 Who can be made the subject of a deportation order?..........................................................7-1
D7.5 Deportation of a residence permit holder following conviction...........................................7-1
D7.10 Deportation of an exempt person following conviction......................................................7-3
D7.15 Time limit(s) within which a deportation order must be made...........................................7-3
D7.20 Preparing a deportation order.............................................................................................7-4
D7.25 Service of a deportation order.............................................................................................7-4
D7.30 Consequences of a deportation order..................................................................................7-5
D7.35 Arrest of a person subject to a deportation order................................................................7-5
D7.40 Conditions imposed on deportee who is not in custody......................................................7-6
D7.45 Actions following service of a deportation order................................................................7-6
D7.50 Execution of a deportation order........................................................................................7-7
D7.55 Right of appeal to the Deportation Review Tribunal..........................................................7-8
D7.60 Appeal to the High Court....................................................................................................7-9
D7.65 Deportation of people threatening national security and suspected terrorists.....................7-9
D8 Revocation of permits........................................................................................................................8-1
D8.1 Powers to revoke temporary permits....................................................................................8-1
D8.5 Revocation of temporary permit on grounds of administrative error....................................8-1
D8.10 Revocation of temporary permit in other circumstances....................................................8-2
D8.15 Powers to revoke residence permits and returning resident's visas.....................................8-4
D8.20 Revocation of residence permits.........................................................................................8-5
D8.25 Consequences of service of the notice of revocation..........................................................8-6
D8.30 Appeals against revocation.................................................................................................8-7
D8.35 Institution of removal proceedings.....................................................................................8-8
D9 Repatriations......................................................................................................................................9-1
D9.1 Repatriation of people from New Zealand............................................................................9-1
D9.5 Categories of people who may be considered for repatriation..............................................9-1
D9.10 Action before approval of repatriation................................................................................9-2
D10 Prosecutions...................................................................................................................................10-1
D10.1 Offence provisions............................................................................................................10-1
D10.5 Offences under other legislation.......................................................................................10-2
D10.10 Section 39(1) and 40(1) offences....................................................................................10-2
D10.15 Exploitation of people not legally entitled to work.........................................................10-3
D10.20 Section 125(6), 126(4) and 126A(4) offences................................................................10-3
D10.25 Section 142 - General offences.......................................................................................10-3
Index


PART 7
Investigations
In This Part
D1 Objective..........................................................................................1-1
D2 People suspected of being in New Zealand unlawfully....................2-1
D3 Identifying and locating people suspected of being in
New Zealand unlawfully.......................................................................3-1
D4 Removal from New Zealand............................................................4-1
D5 Minors..............................................................................................5-1
D6 Warrants of commitment..................................................................6-1
D7 Deportations.....................................................................................7-1
D8 Revocation of permits......................................................................8-1
D9 Repatriations....................................................................................9-1
D10 Prosecutions.................................................................................10-1




Note: Investigations policy contained in Part 6 of the Operational Manual
is NZIS operational policy and does not constitute Government
immigration policy as described in section 13A(1) of the Immigration Act
1987.



CHAPTER 1
D1 Objective
The objective of Investigations Policy is to maintain the integrity of New
Zealand's immigration law and policy. This is achieved by ensuring that
breaches of New Zealand's immigration laws and policies are detected
and dealt with in accordance with those laws and policies.
Effective 01/10/1999

Note: Investigations policy contained in Part 6 of the Operational
Manual is NZIS operational policy and does not constitute
Government immigration policy as described in section 13A(1) of the
Immigration Act 1987.


CHAPTER 2
D2 People suspected of being in
New Zealand unlawfully
In This Chapter
D2.1 Requirement to hold permit to be in New Zealand, or to
be exempt..............................................................................................2-1
D2.5 Categories of people who may be in New Zealand
unlawfully.............................................................................................2-3
D2.10 People unlawfully in New Zealand must leave...........................2-3



D2.1 Requirement to hold permit to be in New Zealand, or to be exempt
Immigration Act 1987 ss 4, 11
See D2.1 Effective 01/10/1999
a. No one other than a New Zealand citizen may be in New Zealand
unless that person is:
i the holder of a current permit granted under the Immigration Act
1987; or
ii exempt under a provision of the Immigration Act 1987 from
having to old a permit.

b. Any person who is in New Zealand contrary to (a) above is
considered to be in New Zealand unlawfully.

D2.1.1 Who is exempt from the requirement to hold a permit
Immigration Act 1987 ss 4A, 11, 12(1) and (2), 14E(4), 150Immigration Regulations 1999
Schedule 1, Part 2
People exempt from having to hold a permit include but are not limited
to:
a. citizens of the Commonwealth of Australia; and
b. those exempted by special direction under section 12(2); and
c. those entitled to immunity from jurisdiction under the Diplomatic
Privileges and Immunities Act 1968 or the Consular Privileges and
Immunities Act 1971; and
d. members of the armed forces of any country, or crew members of any
craft transporting such people to New Zealand, while in New
Zealand:
i at the request or with consent of the Government of New Zealand,
and



ii in the ordinary course of the member's duty or employment; and

e. crew or passengers on any seagoing ship , from the time the ship
arrives at a port of entry in New Zealand until whichever of the
following occurs first:
i the ship is given clearance to leave its last port of entry in New
Zealand on the same voyage, or
ii 28 days have expired, beginning with the day the ship arrived at
its first port of entry in New Zealand on that voyage; and

f. crew or passengers on any foreign fishing craft licensed or seeking to
be licensed under section 15 of the Territorial Sea and Exclusive
Economic Zone Act 1977 for a period of 7 days after the date:
i on which the licence expires if a licence has been granted, or
ii of first arrival in New Zealand if a licence is refused; and

g. aircraft crew on any commercial aircraft flying between any other
country and New Zealand, for 7 days beginning with the day on
which the aircraft arrived in New Zealand; and
h. a member of any scientific programme or expedition under the
auspices of Operation Deep Freeze while in the Ross Dependency;
and
i. crew or passengers on any ship authorised by the Minister of
Transport under section 198(2) of the Maritime Transport Act 1994
to carry passengers or cargo for a period of 28 days from the date the
ship first arrives in New Zealand; and
j. holders of transit visas who are in New Zealand for less than 24 hours
and who during that time remain:
.. on the craft; or
.. in a Customs controlled area; or
.. in the custody of the Police; and

k. children born in New Zealand on or after 1 January 2006 to a parent
who is exempt from having to hold a permit (see A17.5).

D2.1.5 Status of people lodging an application for a permit
Immigration Act 1987 s 4(3)
Lodging an application for a permit does not:
a. make the applicant's presence in New Zealand lawful; or
b. give the applicant the right to remain in New Zealand while the
application is being considered; or
c. give the applicant the right to apply for or be granted any other
permit while the application is considered; or
d. protect the applicant from removal action.

Effective 01/01/2006


D2.5 Categories of people who may be in New Zealand unlawfully
See D2.5 Effective 01/10/1999
Persons who may be in New Zealand unlawfully include any of the
following:
a. the holder of a temporary permit who remains in New Zealand after
that temporary permit expires;
b. a person whose temporary permit has been revoked (see D8.10) and
who fails to leave New Zealand before the date the revocation
became effective;
c. the holder of a Limited purpose permit who remains in New Zealand
after the expiry of that permit;
d. the holder of a Limited purpose permit which is given a shortened
duration who remains in New Zealand after the expiry of that permit;
e. the holder of a Limited purpose permit which has been revoked;
f. a stowaway who has remained in New Zealand more than 72 hours
after the craft* carrying them berthed, landed or otherwise arrived in
New Zealand and has not had any action taken against them under
section 128 of the Immigration Act 1987 during that 72 hour period
(see Y3.55);
g. a crew member who remains in New Zealand beyond the period of
their exemption from the requirement to hold a permit (see Y2.15);
h. a person whose residence permit has been revoked and who fails to:
i appeal against the revocation; or
ii apply for and be granted a temporary permit under section
25(1)(d) of the Immigration Act 1987 before the revocation of
residence permit becomes effective;

i. a person claiming to be exempt from having to hold a permit, but
who is found to be a person to whom section 7(1) of the Immigration
Act 1987 applies (see Y3.1(a));
j. a person released from custody under the provisions of section
128(13) or (14) of the Immigration Act 1987, unless a permit is
granted;
k. a child born in New Zealand on or after 1 January 2006 and deemed
to be unlawfully in New Zealand under section 4A of the
Immigration Act 1987 (see A17.5).

Effective 01/01/2006

D2.10 People unlawfully in New Zealand must leave
Immigration Act 1987 ss 45, 46
a. From the moment a person is in New Zealand unlawfully until they
leave New Zealand, they are obligated to leave New Zealand unless
they are subsequently granted a permit.


b. The obligation to leave arises if the person is unlawfully in New
Zealand because:
i their permit has expired or been revoked; or
ii they entered New Zealand without a permit or exemption; or
iii they are no longer exempt from the requirement to hold a permit;
or
iv they have lost New Zealand citizenship; or
v they are unlawfully in New Zealand for any other reason.

c. All people seeking visas to enter New Zealand will be advised of
their obligation to leave New Zealand if they are in New Zealand
unlawfully.
d. The obligation for a person unlawfully in New Zealand to leave New
Zealand arises whether or not they are aware of their obligation to
leave or of their liability to be removed from New Zealand.

Effective 01/10/1999


CHAPTER 3
D3 Identifying and locating people
suspected of being in New Zealand
unlawfully
In This Chapter
D3.1 Dealing with information on people suspected of being in
New Zealand unlawfully.......................................................................3-1
D3.5 Determining whether a person is in New Zealand unlawfully......3-1
D3.10 Powers of immigration officers and Police in relation to
persons suspected of being in New Zealand unlawfully.......................3-2



D3.1 Dealing with information on people suspected of being in New Zealand unlawfully
Information alleging a person may be in New Zealand unlawfully can
come from a variety of sources. An immigration officer must verify such
information to the extent that they are satisfied there is good cause to
suspect that a particular person is in New Zealand unlawfully. This may
be achieved by establishing a person's identity and immigration status
from NZIS files or database or other documentation.
Effective 01/10/1999

D3.5 Determining whether a person is in New Zealand unlawfully
a. Once a person suspected of being in New Zealand unlawfully is
located it is necessary to confirm both their identity and immigration
status.
b. The powers set out at D3.10.10 and D3.10.15 can be used to obtain
both evidence of identity and immigration status as well as an address
in New Zealand.

Effective 01/10/1999


D3.10 Powers of immigration officers and Police in relation to persons suspected of being
in New Zealand unlawfully
Immigration Act 1987 ss 64, 66, 67, 136, 137, 138, 139, 141
There are a range of provisions in the Immigration Act 1987 which assist
immigration officers and Police officers to locate and take action against
persons suspected of being in New Zealand unlawfully. These powers
and their limitations are described in detail in D3.10.1 to D3.10.35.
D3.10.1 Powers of immigration officers to require production of
information from some agencies
Immigration Act 1987 s64
a. If an immigration officer has good cause to suspect that:
i a particular person is in New Zealand unlawfully; or
ii particular premises are, or have been, occupied by a person who
is in New Zealand unlawfully;

the immigration officer may prepare a certificate requiring certain
government departments or other bodies to produce; and allow the
officer to copy, any record or other information held that is
reasonably available.
b. The power to require production of such information and records is
limited to the government departments or other bodies as set out
below:

Department or Body
Class of Records or Information
Housing New Zealand

New Zealand Post Limited
Postal delivery records
Telecom Corporation of New
Zealand Limited
Telephone subscriber records other than
confidential listings
Department of Work and Income

Department of Social Welfare

Land Transport Safety Authority

Power supply authorities
Customer names and addresses
Local authorities
Customer names and addresses
Energy companies under the Energy
Companies Act 1992
Customer names and addresses
Clear Communications
Telephone subscriber records other than
confidential listings

a. Information obtainable from the sources detailed above is limited to
information about an individual which establishes:
i in the case of a certificate under(a)(i) above, the present location
of the person named in the certificate, or that person's location at
any time in the past; or



ii in the case of a certificate under(a)(ii) above, the name(s) of the
present occupier(s), or name(s) of any occupier(s) of the premises
at any time in the past.

b. If an immigration officer believes the suspected person is using one
or more aliases, the immigration officer may include any such alias in
any certificate.

D3.10.5 Powers of immigration officers to enter premises to obtain
information
Immigration Act 1987 ss 138
a. Immigration officers have restricted powers of entry, limited to those
circumstances provided for by section 138 of the Immigration Act
1987. This section allows immigration officers to enter certain
premises if they believe on reasonable grounds that a person, who is
either unlawfully in New Zealand or working without authority, is
named in records held on the premises; and to require production of
such records.
b. Premises include:
i accommodation premises such as any:
.. hotel
.. motel
.. guesthouse
.. motorcamp
.. other premises where accommodation is offered for payment,
except a private home; or

ii business premises or places of employment.

Note: This does not include educational institutions in respect of
educational records
c. Records include:
i in the case of accommodation premises, any register or list; and
ii in the case of business premises or places of employment, any
wages or time record kept by an employer.

d. An immigration officer may enter any of the premises included in (b)
above and any part of those premises where the officer reasonably
believes any record included in (c) above is kept. No warrant or
authority other than section 138 of the Immigration Act 1987 is
required.
e. Entry may be made at any reasonable time, both day and night,
during which the premises are open for business.


D3.10.10 Power of immigration officers to require a suspected person
to surrender documents
Immigration Act 1987 s 65
a. The powers conferred by section 65 of the Immigration Act 1987
should only be used if good cause to suspect a person is unlawfully in
New Zealand has been established (see D3.1) and the person is
unwilling to cooperate in confirming their actual status in New
Zealand. Prior to taking a person into custody under this section,
immigration officers should discuss the case with their team leader or
Branch Manager.
b. Provided they inform the person that they have good cause to suspect
they are in New Zealand unlawfully, an immigration officer, for the
purpose of establishing that, may require that person to:
i give their full name or names (if known by more than one name);
and
ii either surrender to the officer or give the officer authority to uplift
from any other person:
.. any passport or certificate of identity relating to the suspected
person, whether or not it also relates to any other person; and
.. any passport or certificate of identity relating to any
dependent child of the suspected person; and
.. any travel tickets or cash or security in lieu of travel tickets
held by or on behalf of the suspected person; and
.. documentary or other evidence of their identity.


c. If the suspected person refuses or fails without reasonable excuse to
comply, or make reasonable arrangements to comply, with any
requirement in (b) above (except the request to surrender travel
tickets, or cash or security in lieu of travel tickets), the immigration
officer must warn them that if they continue to refuse or fail to
comply, they are liable to be detained.
d. If, despite being warned as in (c) above, the suspected person
continues to refuse or fail to comply, or to make reasonable
arrangements to comply, with any requirement in (b) above, the
Police may arrest the person without warrant and place them in
custody.
e. If a person is placed in custody as provided in (d) above, an
immigration officer must ensure that unless:
i the person's identity has been confirmed; or
ii the person has been removed from New Zealand under section 59
of the Immigration Act 1987; or
iii the person has been released,

they are brought before a District Court Judge as soon as possible so
that they can establish their identity to the satisfaction of the Judge.
The Judge may then determine who the person is and may make any
orders or directions as they think appropriate.


D3.10.15 Powers of immigration officers to require a third party to
surrender documents
Immigration Act 1987 s 66
Immigration Regulations 1999 Reg 37 Form 3 Schedule 2
a. If a person has refused or failed to surrender a passport or certificate
of identity, or has given an immigration officer information on where
the document can be found, an officer may, if they have good reason
to suspect that a third party holds the document, request, in the
prescribed manner, that third party holding the document to surrender
it to them. This includes lawyers, immigration consultants etc.
b. A person who, without reasonable excuse, fails to surrender the
requested document, commits an offence under mmigration Act
1987.

D3.10.20 Use and return of surrendered documents
Immigration Act 1987 s 67
a. Any passport, certificate, documentary or other evidence surrendered
to an immigration officer under section 65 or 66 of the Immigration
Act 1987 will only be used:
i to confirm the identity of the suspected person; and/or
ii to confirm the immigration status of the suspected person; and/or
iii to bring about the removal of the suspected person from New
Zealand; and/or
iv in any proceedings before an Authority, Tribunal or a court.

b. Documents or other material must be returned to the person who
surrendered them :
i if the immigration officer is satisfied that the suspected person is
not unlawfully in New Zealand; or
ii the purpose for which it was surrendered has been served; or
iii if it is still available to be returned, once the person has been
removed from New Zealand.

c. If the document or other material is known to be the property of a
third party it must be returned to the third party.

D3.10.25 Powers of entry and search - Police officers
mmigration Act 1987 s 137
a. Police officers have the same powers of entry and search as set out in
D3.10.5 for immigration officers.
b. In addition to the powers in (a) above, if any member of the Police
believes on reasonable grounds that a person named in an order or
notice is present they may enter any building or premises at any
reasonable time by day or night, by force if necessary, for the purpose
of:


i serving or executing any removal order; or
ii serving or executing any deportation order; or
iii serving notice of revocation of a residence permit.


D3.10.30 Power of arrest - Police officers
Immigration Act 1987 ss 134, 135
a. The Immigration Act 1987 has a number of provisions which give
Police officers powers of arrest.
b. When arresting any person without warrant under any provision in
Part II of the Immigration Act 1987 the Police officer has a duty to:
i inform the person at the time of arrest, unless it is impracticable
to do so, of the reason for the arrest and the fact that the arrest
does not relate to a criminal matter; and
ii if not in uniform, produce evidence that they are a Police officer.

c. A Police officer arresting any person under the Immigration Act 1987
may call on any person nearby for assistance. That may include an
immigration officer, who is then justified in assisting.

D3.10.35 Requirement on officers to identify themselves
Immigration Act 1987 s 133
a. Immigration, Customs and Police officers are all required to identify
themselves when exercising the powers of an immigration officer
under the Immigration Act 1987.
b. Suitable evidence of identity is as follows:
i for immigration officers, the officer's warrant of designation.
ii for Customs officers, evidence of the officer's appointment as a
Customs officer.
iii for Police officers, being in uniform is sufficient, otherwise the
officer's badge or other evidence of being a member of the Police.

c. If an officer is seeking entry to any premises, building or craft* in the
course of their duties under the Immigration Act 1987, the officer
must, if called upon to do so, state the provision or provisions of the
Immigration Act 1987 which entitle them to entry.

Effective 01/10/1999


CHAPTER 4
D4 Removal from New Zealand
In This Chapter
D4.1 Removal action..............................................................................4-1
D4.5 Who is liable for removal from New Zealand...............................4-2
D4.10 Making and serving a removal order...........................................4-3
D4.15 Content and effect of removal orders..........................................4-3
D4.20 Currency of removal orders.........................................................4-4
D4.25 Cancellation of a removal order..................................................4-4
D4.30 Executing a removal order..........................................................4-5
D4.35 Release or extended detention within the 72 hour period...........4-6
D4.40 Custody.......................................................................................4-6
D4.45 Effect of International Conventions on removal action..............4-7
D4.50 Issue of warrant of commitment..................................................4-8
D4.55 Release from prison into immigration detention.........................4-9
D4.60 People unlawfully in New Zealand arrested for other
offences.................................................................................................4-9
D4.65 Reclaiming costs of removal.....................................................4-10
D4.70 Forfeiture of bond......................................................................4-10
D4.75 Appeals against having to leave New Zealand..........................4-10
D4.80 Transitional provisions - existing removal orders.....................4-11
D4.85 Transitional provisions - people unlawfully in New
Zealand as at 1 October 1999..............................................................4-12



D4.1 Removal action
a. Persons who are liable to removal may be removed from New
Zealand following the service of a removal order.
b. Immigration officers have the discretion to effect removal by having
a person liable for removal:
i taken into custody by a Police officer; or
ii monitoring the person's departure without having them taken into
custody.

c. Officers need to assess the most appropriate means of removal after
having taken into account all the circumstances of the case.

Effective 01/10/1999


D4.5 Who is liable for removal from New Zealand
Immigration Act 1987 ss4A, 27A(2), 47, 53, 63, 114K(4)(b), 115A, 116
See D4.5 Effective 01/10/1999
A person who is in New Zealand unlawfully may be the subject of a
removal order and is liable to be removed from New Zealand if:
a. they are not awaiting an appeal under sections 47 or 115A of the
Immigration Act 1987 and have been in New Zealand unlawfully:
i for a period of 42 consecutive days; or
ii (if, while still lawfully in New Zealand, they have lodged an
application for reconsideration of a decision to decline a
temporary permit), for a period of 42 consecutive days following
the day on which they were advised under section 31 of the
Immigration Act 1987 that the decision to decline their
application is confirmed, if that day was later than the day on
which the person became unlawfully in New Zealand; or

b. an appeal under sections 47, or 115A or 116 against having to leave
New Zealand has been declined and they are still unlawfully in New
Zealand 7 days after they have been advised of the decision to decline
the appeal, or 7 days after becoming unlawfully in New Zealand
following the expiry or cancellation of any permit which has been
granted under section 22(7) of the Immigration Act 1987; or
c. they are unlawfully in New Zealand because a Limited purpose
permit has expired; or
d. they are in New Zealand while a previously executed removal order
is still in force; or
e. they are unlawfully in New Zealand because their temporary permit
has expired, and that temporary permit was granted subject to the
condition under section 27A(2) of the Immigration Act 1987 that they
have no right to apply for another permit; or
f. they are unlawfully in New Zealand due to the cancellation or
revocation of their permit resulting from the confirmation of a
security risk certificate under 114K of the Immigration Act 1987; or
g. they are deemed by virtue of section 4A of the Immigration Act 1987
to be unlawfully in New Zealand (see A17.5).

D4.5.1 Removal resulting from confirmation of a security certificate
Immigration Act 1987 s 114K(4)
If directed by the Chief Executive of the Department of Labour under
section 114K(4) of the Immigration Act 1987, an immigration officer
must immediately make, serve and execute a removal order in relation to
the person named in a security risk certificate.
Effective 01/01/2006


D4.10 Making and serving a removal order
See D4.10 Effective 01/04/2001
See D4.10 Effective 01/10/1999
Immigration Act 1987 ss54, 56
a. A removal order can only be made by certain designated immigration
officers who have not been previously involved at any time in
determining an application for a permit made by the subject of the
order.
b. If the subject of the removal order has any dependent children who
are unlawfully in New Zealand, the names of any such children may
be included in the removal order.
c. A removal order must only be served where the identity and
immigration status of the person named in the removal order has been
established.
d. A removal order must only be served on the person named in it by
personal service.
e. Removal orders may be served:
i (at residences) only between the hours of 7.00 am and 9.00 pm so
long as the time of service is reasonable in the circumstances, and
ii (at workplaces) at any time that the workplace is in operation so
long as the time of service is reasonable in the circumstances.
Weekend visits are permitted within the working hours of the
business, and
iii (at workplaces which are also residential premises) between the
hours of 7.00am and 9.00 pm. Visits outside of these hours to
locations which are both residential and business premises may
only be made where approval has been sought and obtained from
the Office of the Minister of Immigration.

f. While only certain designated immigration officers may make a
removal order, any warranted immigration officer or member of the
Police may serve a removal order.

If the subject of the removal order is a minor the order must be served on
the nominated responsible adult (see D5.15).
Effective 01/07/2001

D4.15 Content and effect of removal orders
Immigration Act 1987 s 55
a. Removal orders authorise the Police to take the person named in the
order into custody and to execute the order.
b. Removal orders inform the person named in them that:
i they are in New Zealand unlawfully; and



ii are subject to removal; and
iii as they have not responded voluntarily to the obligation to leave
New Zealand, they will be removed from New Zealand; and
iv they may contact a solicitor, or counsel or designated or
nominated responsible adult.


D4.15.1 Right of access to counsel etc.
Immigration Act 1987 s 140(4)
a. Any person detained in custody under the Immigration Act 1987 has
the right to contact a solicitor or counsel or any responsible adult,
parent or guardian, and must be informed of that right. Immigration
officers must ensure that members of the Police who are detaining a
person are aware of their responsibility to advise the person of this
right.
b. If the detainee chooses to exercise that right, the person nominated
must be allowed access to the detainee and assisted to communicate
with the detainee in private.

Effective 01/10/1999

D4.20 Currency of removal orders
Immigration Act 1987 s57
a. A removal order remains in force from the time at which it is served
until 5 years have expired after the date the subject of the order is
removed from New Zealand, unless it is cancelled before then (see
D4.25), or (b) below applies.
b. If the subject of a removal order is under 17 years of age on the date
that the order is made, the order only remains in force until they are
removed from New Zealand.

Effective 01/10/1999

D4.25 Cancellation of a removal order
Immigration Act 1987 ss 35A, 58
Immigration Regulations 1999 Form 5, Schedule 2
a. A removal order may be cancelled if:
i it was granted in error; or
ii an immigration officer considers that, in all the circumstances, it
is appropriate to grant a permit under section 35A of the
Immigration Act 1987.

b. Immigration officers who are designated to make removal orders
may, while the subject of a removal order is still in New Zealand,
cancel the removal order by endorsing a copy of the removal order
accordingly and personally serving that copy of the order on the
person named in it.


c. The cancellation endorsement has the effect of directing anyone who
is detaining the person named in the order as a result of the removal
order, to immediately release the person from custody. The
immigration officer who cancels the order must ensure that the
person is released immediately.
d. If a person has already left New Zealand or been removed from New
Zealand an immigration officer who is designated to make removal
orders may cancel the removal order by advising (on Form 5,
Schedule 2, Immigration Regulations 1999) the person named in a
removal order, that the order is cancelled.
e. Under section 58 of the Immigration Act 1987 no person has the right
to apply to an immigration officer to have a removal order cancelled.
If a person purports to apply for the cancellation of a removal order,
an immigration officer is not obliged to consider the application or to
give any reasons for any decision relating to the application, other
than that section 58(5) of the Immigration Act 1987 applies.
Note: Section 23 of the Official Information Act 1982 does not apply
to any application to have a removal order cancelled.


Effective 01/10/1999

D4.30 Executing a removal order
Immigration Act 1987 s 59
a. A removal order is executed by placing a person named in the order
on a craft* leaving New Zealand.
b. For the purpose of executing the order, any member of the Police
may arrest (without warrant) and detain, a person on whom a removal
order has been served.
c. The person may be detained for up to 72 hours to await being placed
on the craft*.
d. Once the person has been placed on the craft*, the Police may
continue to detain them there to ensure that they do not leave the
craft* before its departure.

D4.30.1 Executing a removal order on an unmarried person under the
age of 17
Immigration Act 1987 ss 59, 141B, 141D
a. If an unmarried person under the age of 17 is to be removed from
New Zealand and a parent or guardian is not accompanying them,
immigration officers must:
i make all reasonable efforts to contact their parent or guardian to
agree on suitable travelling arrangements for them; and
ii have nominated a responsible adult; and
iii give the minor* opportunity to express their views (whether
personally, or through a responsible adult) and give due weight to
those views.



b. Immigration officers must make travel arrangements for the person in
consultation with:
i the nominated responsible adult for the person (see D5.1); or
ii if consultation with the nominated responsible adult is not
possible or practicable, with the Director-General of Social
Welfare.


Effective 01/10/1999

D4.35 Release or extended detention within the 72 hour period
Immigration Act 1987 s 60
a. If a person is arrested or detained for the purposes of removal and it
becomes apparent that:
i no craft* will be available within 72 hours; or
ii the craft* that the person was to have departed on is no longer
available; or
iii the circumstances of that person make it impracticable for them to
leave within 72 hours; or
iv the person is unable to depart within 72 hours for some other
reason (such as the lodging of a claim for refugee status),

then unless the person is released, an immigration officer must
arrange for the person to be brought before a District Court Judge so
that a warrant of commitment can be obtained.
b. Unless a Judge considers that there are exceptional circumstances
that justify the release of a person who is detained under a warrant of
commitment, they may not order the release of a person if the person
is currently a refugee status claimant and the claim was only made
after the removal order was served.
c. A person cannot be detained for the purposes of removal under one or
more warrants of commitment for a consecutive period of more than
3 months.
d. If a person is released from detention, this does not affect their
liability for later detention and removal.

Effective 01/10/1999

D4.40 Custody
Immigration Act 1987 ss 59, 62
a. People who are placed in custody and are to be detained overnight
will be detained in approved premises or a Police station.
b. Unmarried people under the age of 17 who are to be detained
overnight will be detained in:
i a residence or other premises under the control of, or approved
by, the Director-General of Social Welfare; or



ii other premises agreed to by an immigration officer and the
person's parent or guardian, or the adult nominated to represent
the interests of the person (see D5.1).

c. People who are to be detained in custody under a warrant of
commitment will be detained:
i in a penal institution (as if they are an inmate awaiting trial); or
ii in other premises approved for detention by the Judge before
whom they were brought.


Effective 01/10/1999

D4.45 Effect of International Conventions on removal action
a. As the New Zealand Government recognises New Zealand's
obligations under international law it is essential that such obligations
be taken into account when executing removal orders. International
obligations which may apply in such circumstances are:
i the 1951 Convention Relating to the Status of Refugees and the
1967 Protocol Relating to the Status of Refugees (the "Refugee
Convention");
ii the 1966 International Covenant on Civil and Political Rights and
the optional Protocol relating to that Covenant;
iii the 1989 Convention on the Rights of the Child and New
Zealand's reservations to that Convention;
iv the 1984 Convention Against Torture.


D4.45.1 Refugee status claimants
Immigration Act 1987 s 129D(2)
a. While a removal order may be served on a person who claims refugee
status and who is unlawfully in New Zealand, unless Article 32 or
Article 33 of the Refugee Convention allows for their removal, under
no circumstances must a claimant be removed from New Zealand
until:
i they have had their claim determined by a refugee status officer;
and
ii if applicable, had any appeal finalised by the Refugee Status
Appeals Authority (RSAA); and
iii they are not recognised as a refugee.

Note: Refugee claims made after or at the time the removal order is
served may not prevent detention of the claimant but the claim for
refugee status will be given priority.


D4.45.5 Necessity to consider other rights
a. When determining whether or not to execute a removal order it is
necessary for the immigration officer to take into account the
particulars of the case and the impact removal might have on the
rights of:
i the person being removed; and
ii any immediate family associated with that person, (particularly
those who are New Zealand citizens or residents).

b. The immigration officer must then balance the factors set out in (a)
above against:
i the rights and interests of the State in determining who should
reside within its borders;
ii the principal goals of Government residence policy;
iii the intention of the Immigration Act 1987 to ensure a high level
of compliance with immigration laws;
iv the need to be fair to other potential immigrants who have not met
policy requirements and who have not been able to remain in
New Zealand.


Effective 01/10/1999

D4.50 Issue of warrant of commitment
a. A warrant of commitment authorises the person named in it to be
detained for a period of 7 days or for any shorter period that the
Judge considers is necessary to enable the removal order to be
executed.
b. A warrant of commitment will be issued if the Judge is satisfied that
the person in custody is the person named in the removal order and
that:
i a craft* is likely to be available within the proposed period of the
warrant of commitment to take the person from New Zealand; or
ii the practical difficulties preventing the person being placed on an
available craft* within 72 hours are likely to continue, but not for
an unreasonable period; or
iii other reasons preventing the person from leaving New Zealand
within 72 hours are likely to remain in existence, but not for an
unreasonable period; or
iv in all the circumstances, it is in the public interest to make a
warrant of commitment.

c. A craft* is considered to be available if:
i it is travelling to a country to which the detained person has right
of entry; and
ii the detained person has appropriate documentation to ensure entry
to the country of destination will be allowed; or



iii the country of destination has authorised entry despite the lack of
documentation; and
iv the person in charge of the craft* is prepared to carry the detained
person; and
v there is nothing else preventing the departure of the detained
person (such as a claim for refugee status or an inability to obtain
travel documents).


D4.50.1 Subsequent warrant(s) of commitment
a. If the warrant of commitment expires and the person has still not left
New Zealand, then unless they are released, they must be brought
before a Judge again to have the warrant of commitment extended.
b. Instead of extending the warrant of commitment, the Judge may order
the release of the person on condition they comply with residence,
reporting and other requirements, if application is made for a second
or subsequent warrants of commitment and:
i it seems likely that detention may need to be extended a number
of times; and
ii the Judge is satisfied that the person is unlikely to abscond.


Effective 01/10/1999

D4.55 Release from prison into immigration detention
Immigration Act 1987 s 61
A person who has been served with a removal order must be released into
the custody of the Police for execution of the removal order, if the
person:
a. is imprisoned in a penal institution; and
b. is due to be released from imprisonment; and
c. the Police have indicated their intention to execute the removal order.

Effective 01/10/1999

D4.60 People unlawfully in New Zealand arrested for other offences
Sometimes, people unlawfully in New Zealand are arrested by the Police
and placed in custody because they have committed other offences.
Because action in relation to other offences takes precedence over
removal action, it may not be possible to proceed with removal
immediately. If it is still appropriate to remove them, then a removal
order should be served and the officer should liaise with the Police to
determine how the removal can best be effected.
Effective 01/10/1999


D4.65 Reclaiming costs of removal
Immigration Act 1987 s 28
a. If the NZIS incurs expenses in executing a removal order and the
person named in the order later applies for a visa or permit, no visa or
permit will normally be issued or granted to anyone included in that
application, until all expenses incurred by the NZIS in removing the
person from New Zealand are repaid (see E7.20 and R5.25).
b. The NZIS may also seek to recover the cost incurred in removing a
person from New Zealand from any other person or organisation
involved in sponsoring, or undertaking to repatriate the person, which
enabled the grant of a permit or entry to New Zealand to that person.

Effective 01/10/1999

D4.70 Forfeiture of bond
Immigration Act 1987 s 148B(7)
If a person who was issued with a visitor's visa subject to payment of a
bond (see E4.58.15) is removed from New Zealand, an immigration
officer must decide on forfeiture action in accordance with section
148B(7) of the Immigration Act 1987.
Effective 01/10/1999

D4.75 Appeals against having to leave New Zealand
Immigration Act 1987 s 47
a. A person who is unlawfully in New Zealand may appeal to the
Removal Review Authority against having to leave New Zealand,
unless they have held a Limited purpose permit at any time.
b. The appeal must be lodged within 42 days after the later of either:
i the day on which they became unlawfully in New Zealand; or
ii the day on which they received notification that their application
under section 31 of the Immigration Act 1987 for reconsideration
of a decision to decline another temporary permit, has been
declined.


D4.75.1 Grounds on which an appeal may be lodged
a. An appeal may only be lodged on the grounds that there are
exceptional circumstances of a humanitarian nature that would make
it unjust or unduly harsh for the person to be removed from New
Zealand, and that it would not in all circumstances be contrary to the
public interest to allow the person to stay in New Zealand.


b. The mere fact that a person's circumstances prevent them from
meeting any Government residence policy requirements for the grant
of a residence permit, does not constitute exceptional circumstances
of a humanitarian nature.

D4.75.5 Who may not lodge an appeal
a. The following people may not lodge an appeal under section 47 of
the Immigration Act 1987:
i a person who is unlawfully in New Zealand because they returned
to New Zealand while a removal order relating to them is still in
force; or
ii a person who is unlawfully in New Zealand because a limited
purpose permit has expired; or
iii a person who is unlawfully in New Zealand after the Deportation
Review Tribunal has confirmed the revocation of their residence
permit; or
iv a person unlawfully in New Zealand because a temporary permit
that was granted for the purposes of the Mutual Assistance in
Criminal Matters Act 1992 has expired; or
v a person who is unlawfully in New Zealand because of the
cancellation or revocation of their permit resulting from the
confirmation of a security risk certificate under 114K of the
Immigration Act 1987.


Effective 01/10/1999

D4.80 Transitional provisions - existing removal orders
Immigration Act 1987 ss 68, 69, 70
a. If a removal order has been served on a person before 1 October 1999
that person may exercise the rights of appeal provided by previous
sections 63A and 63B of the Immigration Act 1987 within 42 days of
the service of the removal order.
b. Sections 63A and 63B, and any other relevant sections as in force
before 1 October 1999 will continue to apply to any such appeal as if
they were still in force.
c. If a removal order has been served on a person before 1 October 1999
and:
i the rights of appeal provided by sections 63A and 63B of the
Immigration Act 1987 have not been exercised within the 42 day
time limits in those sections; or
ii that person has unsuccessfully exhausted any appeal rights under
those sections,



they will be liable for removal from New Zealand under Part II of the
Immigration Act 1987 as if the removal order had been made under
Part II, but as if section 47 did not apply. (Section 47 provides for a
person who is in New Zealand unlawfully to appeal to the Removal
Review Authority against the requirement for them to leave New
Zealand.)

Effective 01/10/1999

D4.85 Transitional provisions - people unlawfully in New Zealand as at 1 October 1999
Immigration Act 1987 s 70
a. Section 70 of the Immigration Act 1987 applies to people who:
i are in New Zealand unlawfully immediately before 1 October
1999 (i.e., at midnight on 30 September 1999); and
ii for whom a removal order is not in force at that time.

b. Section 70 no longer applies to such people once they leave New
Zealand.

D4.85.1 Appeal provisions
Immigration Act 1987 s 70
Immigration Regulations 1999 Form 12, Schedule 2
a. People described in D4.85(a) above may appeal to the Removal
Review Authority under section 47 of the Immigration Act 1987
before 1 October 2000 despite having been in New Zealand
unlawfully for more than 42 days, unless:
i they are notified before that date (see (b) below) that they must
leave New Zealand; or
ii they appeal to the Removal Review Authority under section 47
within 42 days.

b. If, before 19 August 2000, an immigration officer serves a Notice on
a person to whom section 70 of the Immigration Act 1987 applies
that they must leave New Zealand or appeal to the Removal Review
Authority under section 47 within 42 days, then:
i they may appeal under section 47 within 42 days of having been
served with the Notice, despite having been in New Zealand
unlawfully for more than 42 days; and
ii if they do not appeal within the 42 day period, or if their appeal is
unsuccessful, they may be liable to be removed from New
Zealand at the end of that period.

c. At any time on or after 1 October 2000 a person described in D4.85
(a) above may be liable for removal from New Zealand unless:
i they are awaiting an appeal under section 47 at that time; or
ii they are no longer unlawfully in New Zealand.



D4.85.5 Obligation to leave New Zealand
Immigration Act 1987 s 70
a. Department of Labour will take appropriate action to provide
information to people to whom section 70 of the Immigration Act
1987 applies about their obligation to leave New Zealand, and the
implications if they do not leave New Zealand.

Effective 01/10/1999


CHAPTER 5
D5 Minors
In This Chapter
D5.1 Nomination of responsible adult...................................................5-1
D5.5 Roles and rights of responsible adult............................................5-2
D5.10 Views of minor* to be considered...............................................5-3
D5.15 Serving a removal order or deportation order on a minor*.........5-3
D5.20 Executing a removal order or deportation order on a minor*.....5-3
D5.25 Detention of minors*...................................................................5-3



D5.1 Nomination of responsible adult
Immigration Act 1987 s 141B
a. If a minor* and one or more of their parents are:
i the subject of the making, serving and execution of a removal
order or deportation order; or
ii the subject of the revocation of a permit; or
iii the subject of an appeal; or
iv are in detention,

the parent must represent the minor's* interests and the parent is the
person who is the responsible adult for the minor*.
b. If a minor* does not have a parent to act as a responsible adult to
represent their interests, a responsible adult must be nominated to
represent their interests in relation to any removal, deportation or
revocation.
c. An immigration officer or Judge must nominate the responsible adult.
The person nominated should be a family member who is prepared to
take on the role of responsible adult, or, if a family member is not
available or prepared to take on this role, the responsible adult should
be nominated in consultation with the Children, Young Persons and
their Families Service (CYPFS).
d. A person may be nominated as a responsible adult only if:
i the person is 20 or older; and
ii except in the case of a parent or guardian of the minor*, the
person is a New Zealand citizen or the holder of a residence
permit; and
iii the person is any of the following:



.. a parent, guardian or relative of the minor*; or
.. a person suggested by the minor*; or
.. any other person having responsibility for the minor* or who
is otherwise suitable to represent the minor's* interests; or
.. if no other suitable person is available, a person designated by
the Director-General of Social Welfare; and

iv (except in the case of a parent or guardian of the minor*) the
person agrees in writing to be nominated as a responsible adult.

e. Should the need arise, and after reasonable consultation, a substitute
responsible adult may be nominated.
f. A responsible adult who is representing the interests of the minor*
must supply an immigration officer with an address in New Zealand
at which they may be notified of any matter concerning the minor*.

D5.1.1 Definition of 'minor'
New Zealand Immigration Act 1987 s 141B
'Minor*' means a dependent child under the age of 17 years who is
unmarried.
Effective 01/10/1999

D5.5 Roles and rights of responsible adult
Immigration Act 1987 ss 141B, 141C
a. The role of a responsible adult relates to those matters or proceedings
for which the nomination was made.
b. The role of responsible adult finishes when the minor* leaves New
Zealand.
c. The responsible adult may appear and be heard in any Court
proceedings under the Immigration Act 1987 relating to detention of
the minor*.
d. To the extent practicable given the level of maturity and
understanding of the minor*, the responsible adult must try to find
out the views of the minor* and make them known on behalf of the
minor*, if appropriate.
e. Any document that must be served on or notified to the minor* must
instead be served on or notified to the responsible adult, and such
service or notification is presumed to be service on or notification to
the minor*.

Effective 01/10/1999


D5.10 Views of minor* to be considered
Immigration Act 1987 s 141D
a. In any matter relating to the detention of a minor*, as far as
practicable, the minor* must be given an opportunity to express their
views on the matter, whether personally or through a responsible
adult.
b. The immigration officer must give due weight to those views taking
into account the minor's* age and level of maturity and
understanding.

Effective 01/10/1999

D5.15 Serving a removal order or deportation order on a minor*
If the subject of the removal order or deportation order is a minor* the
order must be served on the nominated responsible adult.
Effective 01/10/1999

D5.20 Executing a removal order or deportation order on a minor*
Immigration Act 1987 s 59
See D5.20 Effective 01/10/1999
a. If a person under the age of 17 years of age who is not married or in a
civil union is to be removed or deported from New Zealand and a
parent or guardian is not accompanying them, immigration officers
must make all reasonable efforts to contact their parent or guardian to
agree on suitable travelling arrangements for them.
b. If agreement on the travel arrangements cannot be reached,
immigration officers must make travel arrangements for the person in
consultation with:
i the nominated responsible adult for the person ; or
ii if consultation with the nominated responsible adult is not
possible or practicable, with the Director-General of Social
Welfare.


Effective 28/11/2005

D5.25 Detention of minors*
Immigration Act s 141B
a. A minor* who is to be detained under the Immigration Act 1987 must
have a responsible adult to represent their interests.


b. A minor* may be detained only in exceptional circumstances, and the
approval of the Market Manager, Border and Investigations, is
required for any such detention.

Effective 01/10/1999


CHAPTER 6
D6 Warrants of commitment

Immigration Act 1987 ss 59, 60(2), 75(1), 78(3), 79(1) and (7), 87(3), 86(2)(b), 97(1),
98(4), 101(4), 109(2)(b) and 110(3
a. Section 60(2) of the Immigration Act 1987 provides that a District
Court Judge may issue a warrant of commitment to enable a person to
be held in custody for longer than 72 hours if that person was taken
into custody under the provisions of section 59 of the Immigration
Act 1987 concerning people in New Zealand unlawfully.(See also
D4.50 and D4.50.1.)
b. Section 79(1) of the Act provides that a District Court Judge may
issue a warrant of commitment to enable a person to be held in
custody for a period of longer than 48 hours if that person was taken
into custody under sections 75(1) or 78(3), of the Immigration Act
1987 concerning people threatening national security and terrorists.
c. Section 99 of the Act provides that a District Court Judge may issue a
warrant of commitment to enable a person to be held in custody for a
period of longer than 48 hours if that person was arrested by the
Police under sections 97(1), 98(4), or 101(4) of the Immigration Act
1987 concerning the deportation of criminal offenders.
d. Warrants of commitment must be obtained within the relevant time
limits prescribed by the Immigration Act 1987, after a person is taken
into custody, as follows:
i Sections 60(2), 87(3) and 110(3) of the Act have a time limit of
72 hours;
ii Sections 75(1), 78(1), 79(7), 97(1), 98(4) and 101(4) of the Act
have a time limit of 48 hours;
iii Sections 86(2)(b), 87(3) and 109(2)(b) of the Act have a time
limit of 24 hours.

e. If a person is in custody under a warrant of commitment issued under
section 99 of the Immigration Act 1987 and is not deported within 28
days after its issue, they may be brought before a District Court Judge
again to consider whether they should continue to be detained, or be
released. If the person remains in detention they must be brought
before the District Court Judge again at intervals of not more than 7
days for consideration of further detention or release.

Effective 01/10/1999


CHAPTER 7
D7 Deportations

In This Chapter
D7.1 Who can be made the subject of a deportation order?...................7-1
D7.5 Deportation of a residence permit holder following conviction....7-1
D7.10 Deportation of an exempt person following conviction..............7-3
D7.15 Time limit(s) within which a deportation order must be made...7-3
D7.20 Preparing a deportation order......................................................7-4
D7.25 Service of a deportation order.....................................................7-4
D7.30 Consequences of a deportation order..........................................7-5
D7.35 Arrest of a person subject to a deportation order........................7-5
D7.40 Conditions imposed on deportee who is not in custody..............7-6
D7.45 Actions following service of a deportation order........................7-6
D7.50 Execution of a deportation order.................................................7-7
D7.55 Right of appeal to the Deportation Review Tribunal..................7-8
D7.60 Appeal to the High Court............................................................7-9
D7.65 Deportation of people threatening national security and
suspected terrorists................................................................................7-9



D7.1 Who can be made the subject of a deportation order?
a. The only people who can be made the subject of a deportation order
are:
i people who are holding residence status (under section 91 of the
Immigration Act 1987),or
ii people who are exempt from the requirement to hold a permit
(under section 92 of the Immigration Act 1987); or
iii people threatening national security and suspected terrorists.
(under sections 72 and 73 of the Immigration Act 1987).


Effective 01/10/1999

D7.5 Deportation of a residence permit holder following conviction
Immigration Act 1987 ss 91, 93, 112.
The Minister of Immigration may order the deportation from New
Zealand of any residence permit holder who is convicted (whether in
New Zealand or not) of:
a. an offence committed at any time when they:
i were in New Zealand unlawfully; or
ii were the holder of a temporary permit; or



iii were exempt under the Immigration Act 1987 from the
requirement to hold a permit; or

b. an offence committed within 2 years after they were first granted a
residence permit, and it is an offence for which the court has power to
impose imprisonment for a term of 3 months or more; or
c. two offences committed within 5 years after they were first granted a
residence permit, and each of those offences is an offence for which
the Court has the power to impose imprisonment for a term of 12
months or more; or
d. an offence committed within 5 years after they were first granted a
residence permit and they are sentenced to imprisonment for:
i a term of 12 months or more; or
ii for an indeterminate period capable of running for 12 months or
more; or

e. an offence committed within 10 years after they were first granted a
residence permit and they are sentenced to imprisonment for:
i a term of 5 years or more; or
ii an indeterminate period capable of running for 5 years or more.


D7.5.1 First grant of residence permit
a. The holder of a residence permit is considered to have been first
granted a residence permit either:
i on the first occasion on which they were granted a residence
permit (or entered New Zealand lawfully for permanent
residence); or
ii if they were granted a residence permit (or entered New Zealand
on a residence visa and were granted a residence permit for the
first time) on any subsequent occasion, following a continuous
period of absence from New Zealand of at least 5 years, on the
last such subsequent occasion.

b. The period begins from the time the person was granted residence or
its equivalent. Any previous period spent lawfully in New Zealand
(e.g. on a visitor's permit) or any 'unlawful' period does not count.
c. Any period spent in prison following conviction for an offence is not
included when calculating the period spent in New Zealand.

Effective 01/10/1999


D7.10 Deportation of an exempt person following conviction
Immigration Act 1987 ss11(1)(b)to (e), 12, 92, 93, 112.

Immigration Regulations 1999 Part 2 of Schedule 1
The Minister of Immigration may order the deportation from New
Zealand of any exempt person (i.e. any person who is exempt under
section 11(1)(b) to (e) or section 12 (and Part 2 of Schedule 1 to the
Regulations) of the Immigration Act 1987 from having to hold a permit),
who is convicted (whether in New Zealand or not) of:
a. an offence committed within 2 years after they first arrived in New
Zealand and it is an offence for which the Court has the power to
impose imprisonment for a term of 3 years or more; or
b. two offences within five years after they first arrived in New Zealand,
and each of those offences is one for which the Court has the power
to impose imprisonment for a term of 12 months or more; or
c. an offence committed within 5 years after they first arrived in New
Zealand and they are sentenced to imprisonment for:
i a term of 12 months or more; or
ii for an indeterminate period capable of running for 12 months or
more; or

d. an offence committed within 10 years after they first arrived in New
Zealand and they are sentenced to imprisonment for:
i a term of 5 years or more; or
ii for an indeterminate period capable of running for 5 years or
more.


D7.10.1 First arrival in New Zealand

a. A person is considered to first arrive in New Zealand either:
i on the first occasion on which they arrive in New Zealand; or
ii if they arrived in New Zealand on any subsequent occasion,
following a continuous period of absence from New Zealand of at
least 5 years, on the last such subsequent occasion.

b. Any period spent in prison following conviction for an offence is not
included when calculating the period spent in New Zealand

Effective 01/10/1999

D7.15 Time limit(s) within which a deportation order must be made
Immigration Act 1987 s 93
a. An order to deport a residence permit holder or an exempt person
following their conviction cannot be made more than 6 months after
the following dates:


i if a person is sentenced to imprisonment for a single offence that
makes the person liable to deportation, the date on which the
person is released from imprisonment; or
ii if the person is not sentenced to imprisonment, the date on which
the person is convicted of the offence that makes the person liable
to deportation; or
iii if the person is convicted of 2 offences that together make that
person liable to deportation, the latest of the following dates:
.. the date on which the person is convicted of the earlier
offence; or
.. the date on which the person is convicted of the later offence;
or
.. the date on which the person is released from imprisonment
for the earlier offence; or
.. the date on which the person is released from imprisonment
for the later offence.


b. In cases where a person is sentenced to imprisonment for any further
offence(s) before the 6 month period referred to in (a) above expires,
the provisions of that paragraph apply as if the further offence(s)
were the offence(s) that made the person liable to deportation.

Effective 01/10/1999

D7.20 Preparing a deportation order

Immigration Act 1987 ss91, 92, 94, 104
See D7.20 Effective 01/10/1999
a. All cases for deportation are referred to the Border Security Group,
Workforce at the National Office of the Department of Labour so that
the deportation order can be prepared and referred to the Minister of
Immigration for signature.

Effective 04/07/2005

D7.25 Service of a deportation order

Immigration Act 1987 ss 2 (1), 104
Once the Minister has returned the signed deportation order, it must be
served on the person named in it by personal service along with the
Deportation Review Tribunal Appeal Form.
Effective 01/10/1999


D7.30 Consequences of a deportation order

Immigration Act 1987 ss 2(4), 3, 91(7), 92(7), 105, 117
a. A deportation order comes into force from the date on which it is
served on the deportee and remains in force until:
i the Deportation Review Tribunal or the High Court quashes it; or
ii the Minister revokes it; or
iii the deportee named in the order leaves New Zealand.

b. If a deportee leaves New Zealand after they have been served with a
deportation order but before the order is executed, they will be
presumed under section 2(4) of the Immigration Act 1987 to have
been deported from New Zealand.
c. If the holder of a residence permit is deported from New Zealand the
permit and any returning resident's visa held by the deportee are
presumed to be cancelled.
d. At this stage, or at any future stage in the process, it is possible that
the deportee (or a solicitor acting on behalf of the person), may object
to being deported to a particular country and may indicate an
intention to apply for refugee status. While a deportation order may
be served on a person who claims refugee status under no
circumstances must a claimant be deported from New Zealand until:
i they have had their claim determined by the Refugee Status
Branch (RSB); and
ii if applicable, had any appeal finalised by the Refugee Status
Appeals Authority (RSAA); and
iii they are not recognised as a refugee.

e. If the person named in a Deportation Order wishes to be deported to a
country other than the country where they are normally resident or
have citizenship, they must produce evidence of their right of entry to
that country before their request can be considered.

Effective 01/10/1999

D7.35 Arrest of a person subject to a deportation order

Immigration Act 1987 ss 97, 99
a. Section 97 of the Immigration Act 1987 provides that any person in
relation to whom a deportation order has been made under section 91
or section 92 of the Immigration Act 1987 may be arrested at any
time by any member of the Police without warrant and placed in
custody.
b. A deportee will usually only be arrested if they refuse to comply with
any proper requests that are made of them or if the Police are
convinced that an arrest is justified on the grounds of public safety.


c. If a deportation order has not been served on the person before they
are arrested under the circumstances given in (b) above, an
immigration officer must serve the order on the person as soon as
possible.

D7.35.1 Consequences of arrest

a. If a person is arrested they must be brought before a District Court
Judge no later than 48 hours after the arrest in order to determine
whether or not they should be detained in custody under a warrant of
commitment (see D6) or released from custody until their
deportation.
b. If a Judge declines to issue a warrant of commitment for the person's
detention in custody and instead orders the person's release on
conditions under section 101 of the Immigration Act 1987, the person
is to be released under the following conditions:
i that they reside at a specified address; and
ii that they report to a Police station at intervals of not more than 7
days and at such times and in such a manner as the Judge may
specify; and
iii any other conditions the Judge may impose to ensure the person
complies with residence and reporting conditions.

c. A member of the Police or the person concerned can apply at any
time to the District Court to have the conditions varied. If the person
breaches the conditions the Judge's order for their release is nullified,
enabling the Police to arrest the person without warrant and bring
them before a District Court Judge again.

Effective 01/10/1999

D7.40 Conditions imposed on deportee who is not in custody

a. If a person who has been served with a deportation order under
section 91 or 92 of the Immigration Act 1987 is not in custody under
a warrant of commitment or subject to conditions imposed under
section 101 of the Immigration Act 1987, a member of the Police can
impose residence and reporting conditions on them.
b. The conditions will require the deportee to reside at a specified
address and to report to the Police station at times specified by the
Police. These conditions can be varied at any time by consent
between the Police and the deportee. If the deportee fails to comply
with the conditions, they can be arrested without warrant by the
Police and placed in custody. Where this occurs the deportee must be
brought before a District Court Judge as soon as possible.

Effective 01/10/1999

D7.45 Actions following service of a deportation order

a. After service of the Deportation Order, the deportee must:


i surrender their passport or certificate of identity together with any
travel tickets, cash or security in lieu of travel tickets so that they
may be used to bring about the deportee's departure from New
Zealand; or
ii give written authority to an immigration officer to uplift any
tickets, cash or security from any other person who may be
holding them on the deportee's behalf.

b. The NZIS will make travel arrangements for the deportee (and an
escort if applicable). If the deportee does not have a valid travel
document or a visa required for entry to the country of destination the
NZIS will make arrangements to obtain these. In cases where a travel
document cannot be obtained (e.g., if there is no diplomatic
representation in New Zealand or Australia or the representative is
unable to assist), an application for a Certificate of Identity should be
made to the Department of Internal Affairs.

Effective 01/10/1999

D7.50 Execution of a deportation order

a. The NZIS can only ask the Police to execute a deportation order
when:
i 21 days have elapsed from the date the order was served on the
person named in it; or
ii a decision not to quash a deportation has been notified to the
deportee following their unsuccessful appeal to the Deportation
Review Tribunal or the High Court; or
iii 28 days have elapsed since the dismissal of an appeal to the
Deportation Review Tribunal.

b. If a deportee is imprisoned in a penal institution, the deportation
order can only be executed when the deportee is released from the
institution.

D7.50.1 Execution of a deportation order where the deportee is in
custody under a warrant of commitment

a. If a deportee is in custody under a warrant of commitment the Police
must make a written request for the deportee's release into their
custody so that they can be deported.
b. The Police are responsible for the deportee's escort arrangements to
the place of departure and must ensure that the deportee is placed on
the craft* and detained on board until it leaves New Zealand. If the
deportee's departure is delayed for more than 24 hours, or the
deportee is unable to leave within this time period, the Police must
arrange for the deportee to be escorted back to the place in which
they were previously held. The deportee will continue to be held in
custody under the initial warrant of commitment until departure can
be arranged.


D7.50.5 Execution of a deportation order where the deportee is
imprisoned

If a deportee is imprisoned their date of departure must be arranged to
take place on the proposed date of release from imprisonment. The Police
must ask the person in charge of the place of imprisonment in writing not
to release the deportee at large but to deliver them into Police custody so
that arrangements can be made to escort them to the place of departure. If
the deportee cannot depart within 24 hours after their release from
imprisonment, they must be brought before a District Court Judge who
will determine whether or not to issue a warrant of commitment or
impose conditions on the deportee.

D7.50.10 Execution of a deportation order where the deportee is not
in custody

a. Wherever possible, and in order to achieve full cooperation with the
deportee, travel arrangements should be made in consultation with
them.
b. If there is an indication that the deportee will not cooperate with any
arrangements being made and that they may abscond, the NZIS will
contact the Police requesting that they arrest the deportee without
warrant and detain them in custody until their departure. In such
cases the deportee cannot be arrested earlier than 72 hours before
they are due to depart.
c. If the deportee cannot depart within that 72 hour period, they must
either be released from custody or be brought before a District Court
Judge who will determine whether or not to issue a warrant of
commitment or impose conditions on the deportee.

Effective 01/10/1999

D7.55 Right of appeal to the Deportation Review Tribunal
Immigration Act 1987 ss104, 106

a. When the Minister makes a deportation order under sections 91 or 92
of the Immigration Act 1987, the deportee may appeal to the
Deportation Review Tribunal for an order quashing the deportation
order.
b. The appeal must be made within 21 days after the day on which the
order is served.
c. On appeal the Deportation Review Tribunal may quash the
deportation order if it is satisfied that it would be unjust or unduly
harsh to deport the person from New Zealand and that it would not be
contrary to the public interest to allow the person to remain in New
Zealand.
d. No deportation order made under sections 91 or 92 of the
Immigration Act 1987 may be executed:


i except at the request of the person named in the order:
.. within 21 days after it is served on the person named in it; or
.. until any appeal under section 104 of the Immigration Act
1987 has been decided; or
.. until any appeal under section 117 of the Immigration Act
1987 has been decided; or

ii subject to section 96 of the Criminal Justice Act 1985, while the
person is imprisoned in a penal institution.


Effective 01/10/1999

D7.60 Appeal to the High Court
Immigration Act 1987 s117

a. If an appellant or the Minister of Immigration considers that any
determination of the Deportation Review Tribunal in the proceedings
as wrong in point of law, the appellant or the Minister may appeal to
the High Court on that point of law.

Effective 01/10/1999

D7.65 Deportation of people threatening national security and suspected terrorists
Immigration Act 1987 ss 72, 73

a. If the Minister of Immigration certifies that the continued presence in
New Zealand of a person named in the certificate constitutes a threat
to national security, the Governor General may order the person's
deportation.
b. The Minister of Immigration may order the deportation of any person
if the Minister has reason to believe that:
i the person is a member of or adheres to any organisation or group
that has engaged in, or has claimed responsibility for, an act of
terrorism in New Zealand or outside of New Zealand, and
constitutes a threat to public safety; or
ii the person has engaged in, or claimed responsibility for, an act of
terrorism in New Zealand or outside of New Zealand, and
constitutes a threat to public safety; or
iii the person will, if permitted to remain in New Zealand, engage in,
or facilitate the commission of, an act of terrorism.

c. The Minister of Immigration may revoke a deportation order made
under section 73 of the Immigration Act 1987 at any time.
d. People subject to deportation under section 72 of the Immigration Act
1987 have no right of appeal.
e. Sections 74 to 88 of the Immigration Act 1987 set out matters in
relation to deportations under sections 72 and 73 of the Act.

Effective 01/10/1999



CHAPTER 8
D8 Revocation of permits

In This Chapter
D8.1 Powers to revoke temporary permits.............................................8-1
D8.5 Revocation of temporary permit on grounds of administrative
error.......................................................................................................8-1
D8.10 Revocation of temporary permit in other circumstances.............8-2
D8.15 Powers to revoke residence permits and returning resident's
visas.......................................................................................................8-4
D8.20 Revocation of residence permits.................................................8-5
D8.25 Consequences of service of the notice of revocation..................8-6
D8.30 Appeals against revocation..........................................................8-7
D8.35 Institution of removal proceedings..............................................8-8



D8.1 Powers to revoke temporary permits
Immigration Act 1987 ss 32, 33,
a. The Immigration Act 1987 provides for a temporary permit to be
revoked if any such permit is granted as the result of an
administrative error (see E3.5.45, Y5).
b. A temporary permit may also be revoked for any other good reason
as the Immigration Act 1987 does not specify any particular grounds
for revocation of a temporary permit. Revocation of a temporary
permit is most likely to take place if the holder breaches any
conditions of their permit (see E3.5.50, U7.15).

Effective 01/10/1999

D8.5 Revocation of temporary permit on grounds of administrative error
Immigration Act 1987 s 32
a. An administrative error in granting a temporary permit occurs if:
i it is granted to a New Zealand citizen or a person who is exampt
under the Act from the requirement to hold a permit; or
ii it is granted to a person to whom section 7(1) of the Act applies;
or
iii the person granting it intended to grant a permit of some type
other than the one that was actually granted; or
iv it is granted in contravention of any special direction, or any
instruction of a kind referred to in section 130(5) of the Act; or
v it is granted contrary to Government policy applying at the time;
or



vi it is granted for a period longer than that prescribed for permits of
that type by regulations made under the Act; or
vii it is granted on the basis of an administrative error in determining
an earlier application for a visa or permit.

b. An immigration officer may revoke a temporary permit if an error as
described in (a) above in granting the permit is detected within the
issuing office or in the arrival hall at the Customs place*, unless the
holder has taken the permit out of the issuing office or Customs
place*.
c. If an error as described in (a) above is detected after the holder has
left the issuing office or Customs place* then action to revoke the
permit must follow the steps set out at D8.10.

Effective 01/10/1999

D8.10 Revocation of temporary permit in other circumstances
Immigration Act 1987 s 33

a. Section 33 of the Act does not define the grounds on which a
temporary permit may be revoked. Instances when an immigration
officer may take revocation action include, but are not limited to:
i where the temporary permit was procured by fraud, forgery, false
or misleading representation or by concealing relevant
information; or
ii where there has been a breach of the conditions of the temporary
permit; or
iii where a person has been convicted of a crime after being granted
a temporary permit (including those discharged without
conviction or given diversion).

b. Regardless of the reason why a temporary permit is revoked, the
immigration officer must be satisfied there is good reason in all the
circumstances (i.e. taking both positive and negative factors into
account), for revoking it and supply written reasons for doing so in a
Notice of Revocation of a Temporary Permit.
c. Action to revoke a temporary permit should not be undertaken if the
holder's existing temporary permit is current for less than another
four weeks, unless the person is subject to section 7(1) of the Act. If a
person in that situation is not subject to section 7 of the Act then they
should be informed in writing that no further temporary permits will
be granted and the reason why.
d. Only officers holding Schedule 2 delegations or above have authority
to revoke temporary permits under section 33 of the Act.

D8.10.1 Bringing about revocation of a temporary permit
a. To bring about revocation of a temporary permit it is necessary to
prepare and serve a formal Notice of Revocation of a Temporary
Permit.


b. The Notice of Revocation of a Temporary Permit, may be served in
person (if the revocation is under section 32 or 33) or by registered
mail (if the revocation is under section 33) to the permit holder's last
known New Zealand address. It is not necessary to physically
endorse the relevant temporary permit in the holder's passport or
travel document to bring about revocation, but this should be done if
possible.

D8.10.5 Effect of revocation on temporary permit holder

a. If the person named in the Notice of Revocation of a Temporary
Permit is subject to section 7(1) of the Act revocation is effective
immediately. Otherwise, revocation of the temporary permit takes
effect on the date specified in the notice. The specified date cannot be
earlier than:
i 14 days from the date of personal service; or
ii 21 days after the date it was posted.

b. The Notice of Revocation of a Temporary Permit informs the person
named in it that they may show good cause why their permit should
not be revoked. People who choose to do this must do so in writing to
the NZIS before the date on which revocation takes effect.
c. If the person named in the Notice of Revocation of a Temporary
Permit fails to:
i show good cause why their permit should not be revoked; or
ii leave New Zealand;

before the revocation takes effect then they are considered to be in
New Zealand unlawfully and are liable to removal action.

D8.10.10 Action where permit holder claims good cause

a. An immigration officer different to and of equal grade or senior to the
one who made the decision to revoke the temporary permit should
consider the reasons why the permit holder believes their permit
should not be revoked and:
i either inform the person in writing to disregard the Notice of
Revocation; or
ii confirm the decision to revoke the temporary permit.

b. If the revocation is set aside then the original permit will remain in
force until it expires.
c. If the revocation is confirmed then the person must be informed in
writing by personal service or by registered mail that action will be
taken to remove them if they fail to leave New Zealand:
i by the date revocation becomes effective; or
ii if this has passed, the date specified in the letter confirming
revocation.


Effective 01/10/1999


D8.15 Powers to revoke residence permits and returning resident's visas
Immigration Act 1987 ss 19, 20

See D8.15 Effective 01/10/1999
a. The Immigration Act 1987 provides for a residence permit or
returning resident's visa to be revoked by an immigration officer if
any such permit is granted as the result of an administrative error and
the error is discovered while the person is still in the arrival hall or
the NZIS office.
b. An administrative error in granting a residence permit or returning
resident's visa occurs if:
i it is granted to a New Zealand citizen or a person who is exempt
under the Immigration Act 1987 from having to hold a permit; or
ii it is granted to a person to whom section 7 of the Act applies; or
iii the person granting it intended to grant a temporary permit of
some type other than the residence permit that was actually
granted; or
iv it is granted in contravention of any special direction, or any
instruction of a kind referred to in section 130(5) of the Act, or
the Government residence policy applying at the relevant time; or
v it is granted on the basis of an administrative error in determining
an earlier application for a visa or a permit.

c. The Minister of Immigration may revoke a residence permit or
returning resident's visa on the following grounds at any time after
the holder leaves the arrival hall:
i administrative error; or
ii the permit was procured by fraud, forgery, false or misleading
representation or by concealing relevant information; or
iii the permit was granted to a person who had been the holder of a
visa or another permit procured by fraud, forgery, false or
misleading representation or by concealing relevant information;
and that fraud, forgery, false or misleading representation or
concealment of information would have affected the grant of
residence or the issue of the returning resident's visa; or
iv the permit was granted to a person who was, but is no longer,
recognised, as a refugee in New Zealand, that earlier recognition
having been gained through fraud, forgery, false or misleading
representation or concealment of relevant information; or
v the holder of the permit or returning resident's visa has not met a
requirement imposed under section 18A of the Immigration Act
1987 (see RA40, BI12, BE6.1).


Effective 04/07/2005


D8.20 Revocation of residence permits
Immigration Act 1987 s 20, 20A

See D8.20 Effective 01/10/1999
a. All cases for revocation of residence permits and returning resident’s
visas are referred to the Border Security Group, Workforce at the
National Office of the Department of Labour so that the notice of
revocation can be prepared and referred to the Minister of
Immigration for signature.
b. Before referring any case for revocation to the Border Security
Group, Workforce at the National Office of the Department of
Labour, immigration officers must interview the person whose
residence permit or returning resident’s visa is to be revoked (and any
other family member affected by the revocation) in order to
determine the facts of the case and the circumstances of the person,
including:
i their age; and
ii how long they have been in New Zealand lawfully; and
iii their personal and domestic circumstances; and
iv their work record; and
v the grounds on which the permit is to be revoked; and
vi the interests of their family.

c. If a person’s residence permit is revoked any returning resident’s visa
held by that person is deemed to be cancelled and there is no separate
right of appeal in relation to the returning resident’s visa.

D8.20.1 Notice of revocation

A notice of revocation must specify the grounds on which the revocation
is made and, unless the permit or returning resident's visa is revoked on
the ground that the person is a New Zealand citizen or is a person exempt
from the requirement to hold a permit or returning resident's visa, the
notice must also inform the person of:
i their rights of appeal to the High Court and/or the Deportation
Review Tribunal; and
ii the period within which any appeal must be made; and
iii the right to apply for a temporary permit under section 25(4) of
the Immigration Act 1987 if they do not appeal against the
revocation. They must apply in the manner prescribed by
regulation 12 of the Immigration Regulations 1999 and within 21
days of the date of service of the notice of revocation.

D8.20.5 Service of notice of revocation
a. A notice of revocation must be served on the person named in it by
personal service along with the appeal form.


b. Once the notice has been served on the person concerned, the
immigration officer should ask the person to acknowledge service by
signing and dating all three copies of the notice. If the person refuses
to acknowledge service of the notice, the notice must nevertheless be
left with the deportee and the officer must record the refusal on the
other 2 copies of the notice and complete the 'details of service'
section on both copies.'
c. Having served the notice on the person, the immigration officer must
then inform them of:
i their appeal rights to the Deportation Review Tribunal; and
ii the time limit for lodging an appeal (i.e. 21 days after the date of
service of the order).


Effective 04/07/2005

D8.25 Consequences of service of the notice of revocation

a. After service of the revocation notice, if in New Zealand the person
named in it may:
i leave New Zealand; or
ii apply for a temporary permit (unless they are a person to whom
section 7 of the Immigration Act 1987 applies); or
iii appeal to the High Court against the revocation on the grounds
that the Minister's decision is erroneous; and/or
iv appeal to the Deportation Review Tribunal against the revocation
on humanitarian grounds. (If an appeal is lodged with the
Deportation Review Tribunal, the appellant cannot subsequently
appeal to the Removal Review Authority).

Note: A person may file an appeal with the High Court and with the
Deportation Review Tribunal at the same time.
b. If the person is outside New Zealand only (iii) and (iv) above apply.

D8.25.1 Application for temporary permit

A person may apply for a temporary permit under section 25(1)(d) of the
Immigration Act 1987 (unless they are a person to whom section 7 of the
Immigration Act 1987 applies) if:
a. A residence permit has been granted as a result of administrative
error to a person who should have been granted a temporary permit,
and that error was not detected until after the person left the Customs
place* or issuing office and the person does not intend to appeal
against the revocation;
b. A residence permit is to be revoked on the grounds that :
i it was procured by fraud, forgery, false or misleading
representation or by concealing relevant information; or



ii it was granted to a person who had been the holder of avisa or
another permit procured by fraud, forgery, false or misleading
representation or concealing relevant information; or
iii the permit holder has not met a requirement imposed under
section 18A of the Immigration Act 1987; and
iv the person's intention is to leave New Zealand and not appeal
against the revocation.

c. The application for a temporary permit must be made within 21 days
of the service of the revocation notice. Any temporary permit applied
for in these circumstances will come into force after the revocation of
the residence permit becomes effective.(See also E4.70 Requirements
for a person whose residence permit has been revoked.)

D8.25.5 Failure to apply for a temporary permit

Removal proceedings will be instituted against any person who fails to
apply for a temporary permit under section 25(1)(d) of the Immigration
Act 1987 within the 21 days after the service of the notice of revocation
and:
a. it is confirmed that they have not opted to appeal against the
revocation; and
b. they have not left New Zealand (other than for reasons of any
emergency or circumstances beyond their control) (see D4).

Effective 01/10/1999

D8.30 Appeals against revocation

Immigration Act 1987 ss21, 22
a. Any person who has been served with a notice of revocation of their
residence permit or returning resident's visa may appeal to the
Deportation Review Tribunal and/or to the High Court against the
revocation.
b. In the case of the revocation of a returning resident's visa, if the
Minister of Immigration:
i has revoked the visa holder's residence permit within the previous
21 days; or
ii revokes the visa holder's residence permit within 21 days after the
revocation of the returning resident's visa;

no appeal in relation to the returning resident's visa can be made
under section 21 or 22 of the Immigration Act 1987.

D8.30.1 Appeal to the High Court

a. Any person whose residence permit or returning resident's visa is
revoked by the Minister of Immigration may appeal to the High
Court (subject to D8.30(b)), however they may not lodge an appeal in
a case where:


i their residence permit or returning resident's visa has been
revoked on the ground that it was procured by fraud, false or
misleading representation or by concealing relevant information;
and
ii the Minister has revoked their permit in reliance on their
conviction of an offence against section 142(a), (c), or (d) of the
Immigration Act 1987 or a crime against section III of the Crimes
Act 1961.

b. An appeal to the Administrative Division of the High Court against
the revocation of a residence permit or a returning resident's visa on
the grounds that the Minister's decision is erroneous must be lodged
within 21 days after the notice of revocation has been served.

D8.30.5 Appeal to the Deportation Review Tribunal

a. Any person whose residence permit is revoked, may appeal (subject
to D8.30(b)), on humanitarian grounds, to the Deportation Review
Tribunal to have the revocation quashed.
b. An appeal to the Deportation Review Tribunal against the revocation
of a residence permit must be lodged within 21 days after the notice
of revocation has been served.

Effective 01/10/1999

D8.35 Institution of removal proceedings

a. If a notice of revocation has been served and the person does not
obtain a temporary permit, or the High Court or Deportation Review
Tribunal has not quashed the revocation, the person will be in New
Zealand unlawfully if they remain in New Zealand longer than:
i 21 days after the date of service of the notice; or
ii 21 days after the date the High Court and/or Deportation Review
Tribunal notifies them of their unsuccessful appeal; or
iii 21 days after the date any appeal(s) is withdrawn.

b. Where the person fails to leave New Zealand on or before the
applicable 21 day period removal action can be taken(see D4).

Effective 01/10/1999


CHAPTER 9
D9 Repatriations

In This Chapter
D9.1 Repatriation of people from New Zealand....................................9-1
D9.5 Categories of people who may be considered for repatriation......9-1
D9.10 Action before approval of repatriation........................................9-2



D9.1 Repatriation of people from New Zealand

Immigration Act 1987 s 148
a. Repatriation involves the State paying some or all travel costs to
enable permit holders who are not New Zealand citizens to return to a
country to which they have right of entry. This will usually be their
country of citizenship.
b. In some cases where the family unit wishes to remain intact, this may
include repatriating a New Zealand citizen or resident spouse, partner
and dependent children.
c. Repatriation will normally only occur in circumstances where the
person is the holder of a current permit or has been in New Zealand
unlawfully for less than 42 days, and then, only if D9.5 applies.

Effective 01/10/1999

D9.5 Categories of people who may be considered for repatriation
People are not normally considered for repatriation unless:

a. they wish to leave New Zealand, or if they are incapable of making
such a decision themselves by reason of their mental condition, the
relevant agencies involved consider that it is in the best interests of
the person to return to their own country because of lack of family
support and links in New Zealand; and/or
b. they do not have the financial means to leave New Zealand
themselves and are unable to obtain assistance from any other source;
and/or
c. they are a burden on the State and likely to remain so, because they:
i are destitute and require social welfare assistance; or
ii require long term medical or psychiatric treatment; and/or
hospitalisation; and/or



d. the State is removing one or more members of a family from New
Zealand, and the family wishes to remain together but does not have
the financial means to leave New Zealand themselves and are unable
to obtain assistance from any other source.

Effective 01/10/1999

D9.10 Action before approval of repatriation

a. Before approving repatriation it is necessary to confirm:
i the person being considered for repatriation wishes to be
repatriated; or, if they are incapable of making that decision, that
repatriation is the best option for the individual and New Zealand;
and
ii the full costs of repatriation have been established, including the
cost of an escort(s) if required; and
iii financial assistance to meet the costs of repatriation is not
available from any other source either in full or part; and
iv the person(s) being repatriated have right of entry to the country
they are being repatriated to; and
v the person is not more appropriately subject to removal action.

b. Approval for repatriation can only be given by officers with Schedule
1 delegations.

Effective 01/10/1999


CHAPTER 10
D10 Prosecutions

In This Chapter
D10.1 Offence provisions....................................................................10-1
D10.5 Offences under other legislation................................................10-2
D10.10 Section 39(1) and 40(1) offences............................................10-2
D10.15 Exploitation of people not legally entitled to work.................10-3
D10.20 Section 125(6), 126(4) and 126A(4) offences.........................10-3
D10.25 Section 142 - General offences...............................................10-3



D10.1 Offence provisions

The Immigration Act 1987 contains several offence provisions. Those
most likely to give rise to prosecution are:
a. Section 39(1) - an employer who allows a person to undertake
employment knowing that that person is not entitled to under the Act.
b. Section 40(1) - an 'educator' (person conducting a course of study or
training) who allows a person to undertake a course of study or
training knowing that that person is not entitled to under the Act.
c. Section 125(6) - a carrier, or person in charge of a craft* failing,
without reasonable excuse to carry out their responsibilities under the
Act.
d. Section 126(4) - any person who:
i completes an arrival or departure card in a manner knowing it to
be false or misleading in any particular; or
ii fails to comply with the requirements for persons arriving in or
leaving New Zealand.

e. Section 142 - a range of general offences against the Act.
f. Section 136(2) - any person failing to comply with a request from an
immigration officer who has good cause to suspect the person has
committed an offence under section 142 of the Act.

Effective 01/10/1999


D10.5 Offences under other legislation

While the Immigration Act 1987 has a number of provisions which carry
their own penalties on conviction, prosecution may be warranted under
some other legislation, depending on the nature of the offence. For
example, instances of document fraud may be covered by the Crimes Act
1961, and passport forgery by the Passports Act 1992. The Police conduct
such prosecutions.
Effective 01/10/1999

D10.10 Section 39(1) and 40(1) offences

a. For a prosecution to succeed under sections 39(1) or 40(1) of the Act
it is necessary to prove that:
i in the case of section 39(1), the employer, despite knowing a
person is not entitled to undertake employment in New Zealand,
allows or continues to allow that person to undertake
employment; or
ii in the case of section 40(1), the 'educator', despite knowing a
person is not entitled to undertake a course of study or training,
allows or continues to allow that person to undertake the course
of study or training.

b. In either case the employer or 'educator' is considered to know a
person does not have authority respectively to undertake employment
or a course of study or training, if the employer or the 'educator' has
been informed of that fact in writing by an immigration officer within
the preceding 12 months, or if other evidence of knowledge is
available.
c. If a person is found to be undertaking employment or a course of
study or training without authority then an immigration officer may
require the employer or 'educator' to stop employing, teaching, or
training that person. The immigration officer should confirm that
requirement in writing and include a warning that failure to comply
may result in prosecution. Revocation of the person's permit should
also be considered.
d. No employer is liable for an offence under section 39(1) if they
continue to employ a person while complying with the minimum
requirements of an employment contract relating to termination of
employment.

Effective 01/10/1999


D10.15 Exploitation of people not legally entitled to work

Immigration Act 1987 Section 39A
a. Every employer commits an offence if (while knowingly employing a
person not legally entitled to undertake that employment in the
employer's service), they act with the intention of preventing or
hindering the employee from:
i leaving that employment, or
ii leaving New Zealand, or
iii ascertaining or seeking their entitlements under New Zealand law;
or
iv disclosing to any person, the circumstances of their employment
by the employer.

b. Examples of hindrance or prevention of a person leaving the
employment or ascertaining their employment rights are:
i retaining possession of a person's passport, travel or identity
document or travel tickets;
ii preventing or hindering access to or use of a telephone by the
person;
iii preventing or hindering the person from leaving the premises;
iv preventing or hindering a labour inspector from having access to
the premises.

c. The offences above may be punishable by a fine of up to $100,000
and a prison term of up to 7 years.

Effective 07/10/2002

D10.20 Section 125(6), 126(4) and 126A(4) offences

The provisions set out at Y2 detail the responsibilities of carriers and
persons arriving in and departing New Zealand and instances where
failure to comply with those responsibilities could result in prosecution.
Effective 01/10/1999

D10.25 Section 142 - General offences

a. All visa and immigration officers need to familiarise themselves with
the provisions of section 142 of the Act as they may encounter
possible offences when processing applications for visas or permits
or receive information alleging improper actions by people which
may constitute offences under these provisions.
b. Prosecutions for offences under section 142 can be taken against New
Zealand citizens and residence permit holders and can include
offences committed by a person acting on behalf of another person.


c. If the person concerned is being dealt with by way of removal action
or revocation of permit, then prosecutions under section 142 are not
normally instituted.

Effective 01/10/1999


Index
A
Action before approval of repatriation . 9-2
Actions following service of deportation order
. 7-6
Appeal to the High Court . 7-9
Appeals against having to leave NZ . 4-10
Appeals against revocation . 8-7
Arrest of person subject to deportation order .
7-5
C
Cancellation of a removal order . 4-4
Categories of people who may be considered
for repatriation . 9-1
Conditions imposed on deportee who is not in
custody . 7-6
Consequence of service of notice of revocation
. 8-6
Consequences of a deportation order . 7-5
Content and effect of removal order . 4-3
Currency of removal orders . 4-4
Custody . 4-6
D
D1 Objective . 1-1
D10 Prosecutions . 10-1
D10.1 Offence provisions . 10-1
D10.10 Section 39(1) and 40(1) offences . 10-
2
D10.15 Exploitation of people not legally
entitled to work . 10-3
D10.20 Section 125(6), 126(4) and 126A(4)
offences . 10-3
D10.25 Section 142 - General offences . 10-3
D10.5 Offences under other legislation . 10-2
D2 People suspected of being in New Zealand
unlawfully . 2-1
D2.1 Requirement to hold permit to be in New
Zealand, or to be exempt . 2-1
D2.10 People unlawfully in New Zealand must
leave . 2-3
D2.5 Categories of people who may be in New
Zealand unlawfully . 2-3
D3 Identifying and locating people suspected
of being in New Zealand unlawfully . 3-1
D3.1 Dealing with information on people
suspected of being in New Zealand
unlawfully . 3-1, 3-4
D3.10 Powers of immigration officers and
Police in relation to persons suspected of
being in New Zealand unlawfully . 3-1, 3-2
D3.5 Determining whether a person is in New
Zealand unlawfully . 3-1
D4 Removal from New Zealand . 4-1, 8-7, 8-8
D4.1 Removal action . 4-1
D4.10 Making and serving a removal order .
4-3
D4.15 Content and effect of removal orders .
4-3
D4.20 Currency of removal orders . 4-4
D4.25 Cancellation of a removal order . 4-4
D4.30 Executing a removal order . 4-5
D4.35 Release or extended detention within
the 72 hour period . 4-6
D4.40 Custody . 4-6
D4.45 Effect of International Conventions on
removal action . 4-7
D4.5 Who is liable for removal from New
Zealand . 4-2
D4.50 Issue of warrant of commitment . 4-8,
6-1
D4.55 Release from prison into immigration
detention . 4-9
D4.60 People unlawfully in New Zealand
arrested for other offences . 4-9
D4.65 Reclaiming costs of removal . 4-10
D4.70 Forfeiture of bond . 4-10
D4.75 Appeals against having to leave New
Zealand . 4-10
D4.80 Transitional provisions - existing
removal orders . 4-11
D4.85 Transitional provisions - people
unlawfully in New Zealand as at 1 October
1999 . 4-12
D5 Minors . 5-1
D5.1 Nomination of responsible adult . 4-6, 4-
7, 5-1
D5.10 Views of minor* to be considered . 5-3
D5.15 Serving a removal order or deportation
order on a minor* . 4-3, 5-3
D5.20 Executing a removal order or
deportation order on a minor* . 5-3

D5.25 Detention of minors* . 5-3
D5.5 Roles and rights of responsible adult . 5-
2
D6 Warrants of commitment . 6-1, 7-6
D7 Deportations . 7-1
D7.1 Who can be made the subject of a
deportation order? . 7-1
D7.10 Deportation of an exempt person
following conviction . 7-3
D7.15 Time limit(s) within which a
deportation order must be made . 7-3
D7.20 Preparing a deportation order . 7-4
D7.25 Service of a deportation order . 7-4
D7.30 Consequences of a deportation order .
7-5
D7.35 Arrest of a person subject to a
deportation order . 7-5
D7.40 Conditions imposed on deportee who is
not in custody . 7-6
D7.45 Actions following service of a
deportation order . 7-6
D7.5 Deportation of a residence permit holder
following conviction . 7-1
D7.50 Execution of a deportation order . 7-7
D7.55 Right of appeal to the Deportation
Review Tribunal . 7-8
D7.60 Appeal to the High Court . 7-9
D7.65 Deportation of people threatening
national security and suspected terrorists . 7-
9
D8 Revocation of permits . 8-1
D8.1 Powers to revoke temporary permits . 8-1
D8.10 Revocation of temporary permit in other
circumstances . 2-3, 8-2
D8.15 Powers to revoke residence permits and
returning resident's visas . 8-4
D8.20 Revocation of residence permits . 8-5
D8.25 Consequences of service of the notice of
revocation . 8-6
D8.30 Appeals against revocation . 8-7
D8.35 Institution of removal proceedings . 8-8
D8.5 Revocation of temporary permit on
grounds of administrative error . 8-1
D9 Repatriations . 9-1
D9.1 Repatriation of people from New Zealand
. 9-1
D9.10 Action before approval of repatriation .
9-2
D9.5 Categories of people who may be
considered for repatriation . 9-1
Dealing with information on people ... . 3-1
Deportation of exempt person following
conviction . 7-3
Deportation of people threatening national
security . 7-9
Deportation of residence permit holder ... . 7-1
Deportation of suspected terrorists . 7-9
Deportations . 7-1
Detention of minors . 5-3
Determining whether a person is in NZ
unlawfully . 3-1
E
Effect of International Conventions... . 4-7
Executing a removal order . 4-5
Execution of a deportation order . 7-7
F
Forfeiture of bond . 4-10
I
Identifying and locating people... . 3-1
Institution of removal proceedings . 8-8
Investigations . 0-1
Issue of warrant of commitment . 4-8
M
Minors . 5-1
N
Nomination of responsible adult . 5-1
O
Offence provisions . 10-1
Offences under other legislation . 10-2
P
People suspected o being in NZ unlawfully . 2-
1
People unlawfully in NZ arrested for other
offence . 4-9
People unlawfully in NZ must leave . 2-3
Powers of immigration officers and Police... .
3-2
Powers to revoke temporary permits . 8-1
Prosecutions . 10-1
R
Reclaiming costs of removal . 4-10
Release from prison into immigration
detention . 4-9
Release or extended detention within . 4-6
Removal action . 4-1
Removal from New Zealand . 4-1
Repatriation of people from NZ . 9-1
Repatriations . 9-1
Revocation of permits . 8-1

Revocation of temporary permit . 8-1, 8-2
Roles and rights of responsible adult . 5-2
S
Section 125(6), 126(4) and 126A(4) offences .
10-3
Section 39(1) and 40(1) offences . 10-2
Service of a deportation order . 7-4
Serving a removal order on a minor . 5-3
T
Time limit within which deportation order
must be made . 7-3
Transitional provisions . 4-11, 4-12
V
Views of minor to be considered . 5-3
W
Who can be made subject of deportation order
. 7-1

[ 本帖最后由 2月的宝宝 于 2007-4-5 13:42 编辑 ]

评论
sf.眼睛都花了。。。。。。。

评论
这篇里的investigation是指的什么类型的调查？是第三方（the third party) 的么？