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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
31 Reconsideration where application for another temporary permit is declined
  • (1) Where an application for another temporary permit under section 29 or section 30 of this Act is declined, the applicant may, at any time while the applicant is the holder of a current temporary permit, apply in the prescribed manner for a reconsideration of the decision.

    (2) The fact that an application for reconsideration has been made under this section shall not of itself entitle the applicant to remain in New Zealand after the date of expiry of the applicant's current temporary permit, but, until any such application for reconsideration has been determined,—

    • (a) no removal order shall be made or (if already made) served in respect of that person; and

    • (b) that person is not liable to be removed under Part 2.

    (3) If the decision to decline the original application was made by the Minister personally, it shall be reconsidered by the Minister personally.

    (4) In any other case, the decision to decline the original application shall be reconsidered by an immigration officer of equal grade or senior to the one who made the decision, or by the Minister.

    (5) If the decision to decline the original application is confirmed and no permit is granted following reconsideration under this section, an immigration officer must inform the applicant, in writing, of—

    • (a) the decision; and

    • (b) in the case of a person who still holds a permit, the date on which the person will have an obligation to leave New Zealand; and

    • (c) in the case of a person who no longer holds a permit, the fact that the person is already obliged to leave New Zealand; and

    • (d) the period within which the applicant may bring an appeal under section 47 against the obligation to leave New Zealand, and the date from which the period runs.

    (6) The result of any reconsideration under this section of a decision to decline an application for another temporary permit shall be final and conclusive, and no further application for reconsideration of that decision shall be made or entertained.

    Section 31(2)(a): substituted, on 18 November 1991, by section 23(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 31(2)(b): substituted, on 1 October 1999, by section 23(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 31(5): substituted, on 1 October 1999, by section 23(2) of the Immigration Amendment Act 1999 (1999 No 16).