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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
44 General transitional provisions
  • (1) Every person who—

    • (a) arrived in New Zealand lawfully for the purpose of permanent residence at any time before the 2nd day of April 1974 otherwise than pursuant to a permit granted under the Immigration Act 1964 or any former corresponding Act; and

    • (b) has been in New Zealand continuously from that date, apart from any period or periods spent in—

      • (i) the Cook Islands, Niue, or Tokelau; or

      • (ii) Australia, where during any such period the person was a Commonwealth citizen or a citizen of the Republic of Ireland and was able to reside in either New Zealand or Australia without restriction; and

    • (c) was in New Zealand immediately before the commencement of this Act; and

    • (d) is not exempt under this Act from the requirement to hold a permit,—

    shall be deemed for the purposes of this Act to be the holder of a residence permit granted under this Act, and on application in the prescribed manner an immigration officer shall endorse that person's passport or certificate of identity accordingly.

    (2) Every permit granted for the purpose of permanent residence at any time before the commencement of this Act under the Immigration Act 1964 or any former corresponding enactment to any person who—

    • (a) has been in New Zealand continuously from the date on which that permit was granted until the commencement of this Act, apart from any period or periods spent in—

      • (i) the Cook Islands, Niue, or Tokelau; or

      • (ii) Australia, where during any such period the person was a Commonwealth citizen or a citizen of the Republic of Ireland, and was able to reside in either New Zealand or Australia without restriction; and

    • (b) was in New Zealand immediately before the commencement of this Act, and was at that time resident in New Zealand by virtue of that permit,—

    shall be deemed for the purposes of this Act to be a residence permit granted under this Act.

    (3) Where, at any time before the commencement of this Act, any person acting on behalf of the Government of New Zealand has endorsed any other person's passport or certificate of identity to the effect that that other person would be authorised, at any time within a specified period, to enter New Zealand for the purpose of permanent residence, that endorsement shall be deemed for the purposes of section 17 of this Act to be a residence visa.

    (4) Where, at any time before the commencement of this Act, any person acting on behalf of the Government of New Zealand has endorsed any other person's passport or certificate of identity to the effect that that other person would be authorised, at any time within a specified period, to enter New Zealand temporarily, that endorsement shall be deemed for the purposes of section 25 of this Act to be a temporary visa.

    (5) Every permit granted otherwise than for the purpose of permanent residence under section 14 or section 14B or section 15 of the Immigration Act 1964 and still current immediately before the commencement of this Act shall be deemed for the purposes of this Act,—

    • (a) in the case of a permit under which employment in New Zealand was permitted, to be a work permit granted under this Act; or

    • (b) in the case of a permit granted to authorise the holder to enter New Zealand for the purpose of undertaking any course of study or training, to be a student permit granted under this Act; or

    • (c) in the case of any other permit, to be a visitor's permit granted under this Act.

    (6) Notwithstanding anything in section 26 of this Act, every permit and every endorsement to which any of subsections (3) to (5) of this section applies shall expire on the date on which it would have expired had this Act not been passed, and, until its expiry, shall, subject to section 27 of this Act, continue to be subject to the same conditions as it was subject to immediately before the commencement of this Act.