Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    act of terrorism means—

    • (a) any act that involves the taking of human life, or threatening to take human life, or the wilful or reckless endangering of human life, carried out for the purpose of furthering an ideological aim; or

    • (b) any act involving any explosive or incendiary device causing or likely to cause the destruction of, or serious damage to, any premises, building, installation, vehicle, or property of a kind referred to in any of sections 298 to 304, except subsection (3) of section 298, of the Crimes Act 1961, carried out for the purpose of furthering an ideological aim; or

    • (c) any act that constitutes, or that would, if committed in New Zealand, constitute, a crime against section 79 of the Crimes Act 1961, carried out for the purpose of furthering an ideological aim; or

    and includes the planning of any such act

    allow to undertake, in relation to a course of study or training, includes accept for enrolment in that course

    arrival hall means a place licensed under section 12 of the Customs and Excise Act 1996 for the processing of persons arriving in New Zealand

    Authority means, as the case may require,—

    • (a) [Repealed]

    • (b)  the Removal Review Authority referred to in section 49; or

    • (c) the Refugee Status Appeals Authority referred to in section 129N

    Board means the Residence Review Board referred to in section 18B.

    carrier, in relation to a craft, means the owner or charterer of the craft; and, where the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer or, if there is no such agent in New Zealand, the person in charge

    certificate of identity means a document (other than a passport) issued by the Government of any country to any person for the purposes of facilitating that person's entry into or exit from any country, being a document that purports to establish the identity but not the nationality of that person and that confers on that person the right to enter the country the Government of which has issued the document; and includes any other document in a form approved for the purpose by the Minister; and also includes any travel document issued by any international organisation for the time being specified by the Minister, by notice in the Gazette, as an organisation whose travel documents will be accepted for the purposes of this Act as certificates of identity

    chief executive means the chief executive of the Department of Labour

    claim, and claimant, in relation to a claim to be recognised as a refugee, have the meanings given by section 129B

    conditions includes conditions precedent as well as conditions subsequent

    contiguous zone has the meaning given to it by section 8A(2) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

    course of study or training means any course of tuition or instruction for people entitled to free enrolment and education under section 3 of the Education Act 1989, conducted by any primary, intermediate, composite, secondary, or special school, whether State, private, or integrated; and includes any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and, in relation to any particular person, also includes any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand

    craft means any form of aircraft, ship, or other vehicle or vessel capable of being used to transport any person to or from New Zealand from or to any country outside New Zealand

    crew, in relation to a craft, means every person employed or engaged in working the craft or in providing any services in or on the craft; and includes the person in charge

    Customs airport means an aerodrome designated as a Customs airport under section 9 of the Customs and Excise Act 1996

    Customs controlled area has the meaning given to it by section 2(1) of the Customs and Excise Act 1996

    Customs officer has the meaning given to it by section 2(1) of the Customs and Excise Act 1996

    Customs place means a Customs port or Customs airport under section 9 of the Customs and Excise Act 1996

    Customs port means a port of entry designated as a Customs port under section 9 of the Customs and Excise Act 1996

    departure hall means a place licensed under section 12 of the Customs and Excise Act 1996 for the processing of persons departing from New Zealand

    dependent child, in relation to any person, means a child under 17 years of age who is not married or in a civil union and who is dependent on that person, whether or not the child is a child of that person

    deportation order means a deportation order made under section 72 or section 73 or section 91 or section 92 of this Act

    disembarkation means the process of physically leaving a craft, whether onto land or otherwise

    domestic passenger means a passenger, not being an internationally ticketed passenger, who has an entitlement to air travel for a domestic sector on either—

    • (a) an aircraft that—

      • (i) begins its journey outside New Zealand; and

      • (ii) in the course of that journey, enters New Zealand and travels between at least 2 Customs airports in New Zealand; or

    • (b) an aircraft that—

      • (i) begins its journey at a Customs airport in New Zealand; and

      • (ii) in the course of that journey, travels to at least 1 other Customs airport in New Zealand before leaving New Zealand

    domestic sector means a journey from one customs airport to another within New Zealand

    employment means any activity undertaken for gain or reward; but does not include—

    • (a) representation on an official trade mission recognised by the Government of New Zealand:

    • (b) employment as a sales representative in New Zealand of an overseas company for a period or periods not exceeding in the aggregate 3 months in any calendar year:

    • (c) activity in New Zealand as an overseas buyer of New Zealand goods or services for a period or periods not exceeding in the aggregate 3 months in any calendar year:

    • (d) official business in the service of the Government of any country, or of any inter-governmental or international organisation that is for the time being entitled to any privileges and immunities by or under the Diplomatic Privileges and Immunities Act 1968:

    • (e) business consultations or negotiations in New Zealand concerning the establishment, expansion, or winding up of any business enterprise in New Zealand or any matter relating thereto, for a period or periods not exceeding in the aggregate 3 months in any calendar year, by any person engaged in business overseas or by the directors, executives, or other authorised representatives of any overseas company or body with any person engaged in business in New Zealand, or with the directors, executives, or other authorised representatives of any company or body carrying on business in New Zealand, or with the Government of New Zealand or any of its agencies, or with any local authority or other public body:

    • (f) study or training pursuant to a scholarship or other award recognised by the Minister, by notice in the Gazette, for the purposes of this Act

    epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

    exclusive economic zone of New Zealand has the same meaning as in the Territorial Sea and Exclusive Economic Zone Act 1977

    execute,—

    • (a) in relation to a removal order, means take the person to whom the order applies into custody and place that person on board a craft for the purpose of effecting that person's removal from New Zealand, in accordance with section 59:

    • (b) in relation to a deportation order, means take the person to whom the order applies into custody and place that person on board a craft for the purpose of effecting that person's deportation from New Zealand, in accordance with section 85 or section 86 or section 87 or section 108 or section 109 or section 110 of this Act

    exemption means an exemption under section 11 or section 12 of this Act from the requirement to hold a permit; and exempt has a corresponding meaning

    Government residence policy has the meaning ascribed to that term by section 13B of this Act

    holder, in relation to a visa or permit issued or granted under this Act, means the person in respect of whom the visa or permit is issued or granted for so long as the visa or permit is current; and, in the case of a visa or permit issued or granted in respect of more than 1 person, includes each of those persons; and to hold has a corresponding meaning

    immigration officer,—

    • (a) in every Part of this Act, means the Secretary of Labour and every other officer of the Department of Labour designated by the Secretary as an immigration officer under section 133 of this Act; and

    • (b) in Parts 1 and 6 and sections 127, 130, 131, 136, 142, and 143 of this Act, includes any customs officer designated by the Secretary of Labour as an immigration officer, whether individually or by class or position; and

    • (c) in Parts 1 and 6 and sections 130, 131, 142, and 143 of this Act, includes any person who—

      • (i) is in the service of the Government of another country; or

      • (ii) acts as an agent for the Government of New Zealand for pre-clearance purposes,—

      and who is designated by the Secretary of Labour as an immigration officer, whether individually or by class or position

    imprisonment means any form of detention or custody whereby an offender is deprived of liberty for a continuous period, including detention or custody in a psychiatric institution or hospital, and military custody; but does not include detention or custody under this Act

    internal waters of New Zealand has the same meaning as in the Territorial Sea and Exclusive Economic Zone Act 1977

    internationally ticketed passenger means a person who has an entitlement to air travel for a domestic sector, the entitlement being included in tickets for an international journey which—

    • (a) began outside New Zealand; or

    • (b) began inside New Zealand and is to continue outside New Zealand

    invitation to apply for residence has the meaning and effect described in section 13E(1) and (2)

    leave New Zealand means, except in the circumstances specified in subsection (3) of this section, leave New Zealand for a destination in another country

    Minister means the Minister of Immigration, and includes, in relation to the exercise or performance of any power or function of the Minister, any person for the time being authorised in accordance with section 131 of this Act to exercise or perform that power or function

    New Zealand means any land territory within the territorial limits of New Zealand; and includes—

    • (a) the internal waters of New Zealand; and

    • (b) the Ross Dependency (including any ice shelf); and

    • (d) for the purposes of section 137(2)(aa) of this Act, the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand

    New Zealand address,—

    • (a) in relation to a permit holder, means the last known of the following addresses:

      • (i) the address for the time being nominated by that holder under section 37:

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e):

    • (b) in relation to a person who is subject to any residence requirement in accordance with section 98, means the last known of the following addresses:

      • (i) the address at which the person has currently agreed to reside under that section:

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e) or paragraph (f):

    • (c) in relation to a person who is subject to any residence condition imposed in accordance with section 60(5) (or the previous section 54 or section 57) or section 79 or section 101, means the last known of the following addresses:

      • (i) the current address specified under any of those sections:

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e) or paragraph (f) or paragraph (h):

    • (d) in relation to a person who is in custody pursuant to a warrant of commitment issued under this Act, means—

      • (i) the place where that person is held in custody:

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e):

    • (e) in relation to a person under 17 years of age who is not married or in a civil union named in a removal order or a deportation order, means—

      • (i) where that person is named as a dependent child of another person named in the order, the New Zealand address of that other person:

      • (ii) where a responsible adult has been determined or nominated under section 141B (or the previous section 60) to represent the interests of that person, the latest address supplied by that adult under section 141B(6) (or the previous section 60(6)):

    • (f) in relation to a person who has appealed to the Deportation Review Tribunal under section 22 or section 104, means—

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e):

    • (g) in relation to a person who has appealed to the Residence Review Board under section 18C, means—

      • (i) the address supplied to the Board under subsection (5) of that section (whether or not that address is in New Zealand):

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e):

    • (h) in relation to a person who has appealed to the Removal Review Authority under Part 2, means—

      • (ii) where applicable, that person's New Zealand address within the meaning of paragraph (e)

    passenger, in relation to a craft, means a person, other than a member of the crew, who is carried in or on the craft with the consent of the carrier or the person in charge

    passport means a document that is issued by or on behalf of the Government of any country, being a document that purports to establish the identity and nationality of the holder and that confers on the holder the right to enter the country the Government of which has issued the document

    permit means a permit granted under this Act; and includes a residence permit and any type of temporary permit, pre-cleared permit, or limited purpose permit

    person conducting the course of study or training,—

    • (a) [Repealed]

    • (b) in relation to any institution controlled by a Board of Trustees constituted under Part 9 of the Education Act 1989, means that board:

    • (c) in relation to any institution controlled by the chief executive of the Ministry of Education, means the chief executive:

    • (d) in relation to any university, or any college of education controlled by a council, means the appropriate university or college of education:

    • (e) in any other case, means the institution, body, or person which or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or which or who would be so entitled if any such fees were payable

    personal service, in relation to any document or notice served or to be served on a person, means personal delivery of the document or notice to that person or, where the person refuses to accept the document or notice, the bringing of the document or notice to that person's attention

    person in charge, in relation to a craft, means the master, captain, pilot in command, driver, or other person for the time being responsible for the craft

    pre-clearance means the process relating to the application for and granting of pre-cleared permits and includes all functions and activities incidental thereto, including the revocation of pre-cleared permits

    pre-clearance flight means any flight that the Minister designates as a pre-clearance flight under section 35C of this Act

    Pre-cleared permit means a pre-cleared permit within the meaning of section 35B(1) of this Act

    Refugee Convention means the United Nations Convention Relating to the Status of Refugees, done at Geneva on the 28th day of July 1951; and includes the Protocol Relating to the Status of Refugees done at New York on the 31st day of January 1967

    refugee status claimant has the meaning given by section 129B

    refugee status officer has the meaning given by section 129B

    registered post includes any service that provides a system of recorded delivery and is similar in nature to the registered post service provided by New Zealand Post

    removal order means a removal order made under section 54 and, for the purposes of serving or executing any such order, includes any copy thereof; and also includes a removal warrant issued under this Act whether before or after the commencement of the Immigration Amendment Act 1991

    returning resident's visa means a visa issued for the purposes of section 18 of this Act

    review proceedings means proceedings—

    • (b) by way of an application for certiorari, mandamus, or prohibition; or

    • (c) by way of an application for a declaratory judgment

    special direction means a direction given by the Minister in accordance with section 130(1) of this Act and relating to any matter for which a special direction is contemplated by any of the provisions of this Act or of any regulations made under this Act

    subsequent claim, for the purposes of Part 6A, has the meaning given by section 129B

    territorial sea of New Zealand has the same meaning as in the Territorial Sea and Exclusive Economic Zone Act 1977

    transit passenger means a person who—

    • (a) arrives in New Zealand from another country while in transit to another overseas destination; and

    • (b) throughout the whole period during which the person is in New Zealand, remains on board the craft, or in a Customs controlled area, or in the custody of the Police

    Tribunal means the Deportation Review Tribunal referred to in section 103 of this Act

    visa has the meaning and effect described in section 14A of this Act, and includes any visa of a type specified in section 14 of this Act

    visa officer includes—

    • (a) any immigration officer employed in the Department of Labour:

    • (b) any—

      • (ii) other member of the staff (including locally engaged staff) of a New Zealand overseas mission or New Zealand overseas post who is authorised from time to time by the head of mission or head of post to exercise consular functions; or

      • (iii) other member of the staff (including locally engaged staff) of an overseas branch office of the Department of Labour,—

      who is designated by the Secretary of Labour as a visa officer, whether individually or by class or position:

    • (c) any other person, including a person employed in the service of the Government of another country, who acts as an agent for the Government of New Zealand in the performance of consular functions, either pursuant to an agreement between the Government of another country and the Government of New Zealand or pursuant to a request by a visa officer employed in the service of the Government of New Zealand.

    Section 2(1) act of terrorism paragraph (d): amended, on 18 October 2002, by section 78 of the Terrorism Suppression Act 2002 (2002 No 34).

    Section 2(1) act of terrorism paragraph (d) of this definition was amended, as from 22 June 2005, by section 7 Terrorism Suppression Amendment Act 2005 (2005 No 83) by substituting section 8(1) or (2A) for section 8(1).

    Section 2(1) arrival hall: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Authority: inserted, on 18 November 1991, by section 2(1) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) Authority: substituted, on 1 October 1999, by section 2(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) Authority paragraph (a): repealed, on 9 September 2003, by section 4(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 2(1) Board: inserted, on 9 September 2003, by section 4(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 2(1) boarding station: substituted, on 21 March 1993, by section 7(1) of the Air Facilitation Act 1993 (1993 No 6).

    Section 2(1) boarding station: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Chief executive: inserted, on 1 October 1999, by section 2(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) claim, and claimant: inserted, on 1 October 1999, by section 2(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) contiguous zone: inserted, on 18 June 2002, by section 3 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 2(1) course of study or training: amended, on 1 January 1990, by section 4(2)(a) of the Education Amendment Act 1989 (1989 No 156).

    Section 2(1) Customs airport: substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Customs controlled area: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Customs officer: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Customs place: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Customs port: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) departure hall: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) dependent child: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 2(1) domestic passenger: inserted, on 1 November 1994, by section 11(1) of the Air Facilitation (Domestic Passengers and Cargo) Act 1994 (1994 No 100).

    Section 2(1) domestic sector: inserted, on 21 March 1993, by section 7(2) of the Air Facilitation Act 1993 (1993 No 6).

    Section 2(1) epidemic management notice: inserted, on 19 December 2006, by section 4 of the Immigration Amendment Act (No 2) 2006 (2006 No 87).

    Section 2(1) examination station: substituted, on 21 March 1993, by section 7(3) of the Air Facilitation Act 1993 (1993 No 6).

    Section 2(1) examination station: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) execute: amended, on 1 October 1999, by section 2(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) execute paragraph (a): amended, on 18 November 1991, by section 2(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) Government residence policy: inserted, on 18 November 1991, by section 2(3) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) Immigration officer paragraph (b): substituted, on 18 November 1991, by section 2(4) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) Immigration officer: substituted, on 15 September 1993, by section 3(1) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 2(1) internationally ticketed passenger: inserted, on 21 March 1993, by section 7(4) of the Air Facilitation Act 1993 (1993 No 6).

    Section 2(1) internationally ticketed passenger: amended, on 1 November 1994, by section 11(2) of the Air Facilitation (Domestic Passengers and Cargo) Act 1994 (1994 No 100).

    Section 2(1) invitation to apply for residence: inserted, on 9 September 2003, by section 4(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 2(1) New Zealand paragraph (c): amended, on 1 August 1996, by section 2 of the Immigration Amendment Act 1996 (1996 No 75).

    Section 2(1) New Zealand: paragraph (d): inserted, on 1 August 1996, by section 2 of the Immigration Amendment Act 1996 (1996 No 75).

    Section 2(1) New Zealand address: substituted, on 18 November 1991, by section 2(5) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) New Zealand address: substituted, on 1 October 1999, by section 2(4) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) New Zealand address paragraph (e): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 2(1) New Zealand address paragraph (g): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 2(1) New Zealand address paragraph (g)(i): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 2(1) permit: amended, on 15 September 1993, by section 3(2) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 2(1) permit: substituted, on 1 October 1999, by section 2(5) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) person conducting the course of study or training paragraph (a): repealed, on 1 January 1990, by section 4(2)(b) of the Education Amendment Act 1989 (1989 No 156).

    Section 2(1) person conducting the course of study or training paragraph (b): amended, on 1 January 1990, by section 4(2)(c) of the Education Amendment Act 1989 (1989 No 156).

    Section 2(1) person conducting the course of study or training paragraph (c): amended, on 1 January 1990, by section 4(2)(d) of the Education Amendment Act 1989 (1989 No 156).

    Section 2(1) person conducting the course of study or training the words “college of education” in paragraph (d): substituted for “teachers college” pursuant to section 162(1)(b)of the Education Act 1989 (1989 No 80).

    Section 2(1) Port of entry: omitted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) pre-clearance: inserted, on 15 September 1993, by section 3(3) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 2(1) pre-clearance flight: inserted, on 15 September 1993, by section 3(3) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 2(1) pre-cleared permit: inserted, on 15 September 1993, by section 3(3) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 2(1) refugee status claimant: inserted, on 1 October 1999, by section 2(6) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) refugee status officer: inserted, on 1 October 1999, by section 2(6) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) registered post: inserted, on 18 November 1991, by section 2(6) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) removal order: inserted, on 18 November 1991, by section 2(6) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) removal order: amended, on 1 October 1999, by section 2(7) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) removal warrant: repealed, on 18 November 1991, by section 2(7) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) subsequent claim: inserted, on 1 October 1999, by section 2(8) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) transit passenger: inserted, on 18 November 1991, by section 2(8) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) transit passenger: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) visa: substituted, on 18 November 1991, by section 2(9) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) visa officer paragraph (b): substituted, on 18 November 1991, by section 2(10) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(1) visa officer paragraph (b)(i): amended by section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 2(1) visa officer paragraph (b)(ii): amended by inserting the expression ; or: inserted, on 1 October 1999, by section 2(9) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 2(1) visa officer paragraph (b)(iii): inserted, on 1 October 1999, by section 2(9) of the Immigration Amendment Act 1999 (1999 No 16).

    (2) Every period of time prescribed by any of the provisions of this Act for the making of an application or the lodging of an appeal, not being an appeal to the High Court, shall be reckoned exclusive of any day, not being a Saturday or a Sunday, that is a public holiday or a Departmental holiday.

    (3) For the purposes of this Act a person shall be deemed not to leave New Zealand where that person, not being a person to whom section 128 of this Act applies, departs for another country on any craft and, before arriving in another country,—

    • (a) is forced to return to New Zealand by reason of any emergency affecting the craft; or

    • (b) returns to New Zealand because of any other emergency or circumstances beyond that person's control.

    (4) For the purposes of this Act, but subject to subsection (5) of this section, and, in the case of New Zealand, subject also to subsection (6) of this section, a person is deported from any country if that person leaves that country (whether or not at the expense of the Government of that country) while an order for that person's departure, made by the Government of that country or any authorised official of that country or any judicial authority within that country, is in force; and the term deportation when used in this Act has a corresponding meaning.

    (5) For the purposes of this Act, no person is deported from any country merely because that person is surrendered to another country in accordance with a request for the extradition of that person to that other country.

    (6) For the purposes of this Act, no person is deported from New Zealand merely because that person is removed from New Zealand.

    (7) For the purposes of this Act, a person is removed from New Zealand if that person leaves New Zealand (whether or not at the expense of the Government of New Zealand) while a removal order is in force in respect of that person; and the term removal when used in this Act has a corresponding meaning.

    Section 2(2): amended, on 18 November 1991, by section 2(11)(a) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 2(7): amended, on 18 November 1991, by section 2(11)(b) of the Immigration Amendment Act 1991 (1991 No 113).