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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
7 Certain persons not eligible for exemption or permit
  • (1) Subject to subsection (3) of this section, no exemption shall apply, and no permit shall be granted, to any person—

    • (a) who, at any time (whether before or after the commencement of this Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or

    • (b) who, at any time within the preceding 10 years (whether before or after the commencement of this Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

    • (c) against whom a removal order is in force; or

    • (d) who has been deported—

      • (i) from New Zealand, at any time, under this Act; or

      • (ii) [Repealed]

      • (iii) from New Zealand at any time, pursuant to an order for deportation made under section 22 of the Immigration Act 1964; or

      • (iv) from New Zealand, at any time (whether before or after the commencement of this Act), pursuant to any other enactment, except section 158 of the Shipping and Seamen Act 1952 (as repealed by section 151(1) of this Act); or

      • (v) from any other country, at any time (whether before or after the commencement of this Act);or

    • (e) who the Minister has reason to believe—

      • (i) has engaged in, or claimed responsibility for, an act of terrorism in New Zealand; or

      • (ii) is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism in New Zealand; or

    • (f) who the Minister has reason to believe—

      • (i) has engaged in, or claimed responsibility for, an act of terrorism outside New Zealand; or

      • (ii) is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism outside New Zealand—

      and whose presence in New Zealand would, for that reason or for any other reason, constitute, in the opinion of the Minister, a threat to public safety; or

    • (g) who the Minister has reason to believe is likely—

      • (i) to engage in, or facilitate the commission of, any act of terrorism; or

    • (h) who the Minister has reason to believe, in light of any international circumstances, is likely to constitute a danger to the security or public order of New Zealand; or

    • (i) who the Minister has reason to believe is a member of or adheres to any organisation or group of people which has criminal objectives or which has engaged in criminal activities, and whose presence in New Zealand would, for that reason or any other reason, constitute, in the opinion of the Minister, a threat to the public interest or public order.

    (2) Paragraphs (a) and (b) of subsection (1) of this section apply—

    • (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:

    • (b) where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:

    • (c) where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

    (3) Notwithstanding subsection (1) of this section,—

    • (a) a permit may be granted to any person—

      • (i) who is entitled to a permit under section 18 of this Act; or

      • (ii) in accordance with a special direction; or

      • (iia) if it is granted for the sole purpose of enabling that person—

        • (A) to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made pursuant to section 12 of the Mutual Assistance in Criminal Matters Act 1992; or

        • (B) to be transported through New Zealand pursuant to section 42 of that Act; or

      • (iii) if it is granted for the sole purpose of enabling that person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on that person in New Zealand; and

    • (b) any exemption under section 11(1)(a) of this Act and any exemption granted in accordance with a special direction shall apply notwithstanding that the person is a person to whom subsection (1) of this section applies.

    (4) Nothing in subsection (3) of this section gives any person a right to apply for any type of permit or for a special direction, and where any person purports to apply for a permit or a special direction under this section—

    • (a) the Minister or appropriate immigration officer is under no obligation to consider the application; and

    • (b) whether the application is considered or not,—

      • (i) the Minister or officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

      • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

    Section 7(1)(c): amended, on 18 November 1991, by section 4(1) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 7(1)(d)(ii): repealed, on 1 October 1999, by section 5 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 7(1)(d)(iii): substituted, on 1 October 1999, by section 5 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 7(1)(g)(ii): amended, on 18 November 1991, by inserting ; or, by section 4(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 7(1)(h): inserted by section 4(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 7(1)(i): inserted by section 4(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 7(3)(a)(iia): inserted, on 1 April 1993, by section 2 of the Immigration Amendment Act 1992 (1992 No 88).

    Section 7(4): inserted, on 18 November 1991, by section 4(3) of the Immigration Amendment Act 1991 (1991 No 113).