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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Part 2
Persons in New Zealand unlawfully

Obligation of persons unlawfully in New Zealand to leave

  • Part 2: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

45 Obligation of persons unlawfully in New Zealand to leave New Zealand
  • (1) From the moment that a person is in New Zealand unlawfully until that person leaves New Zealand, he or she has an obligation to leave New Zealand unless subsequently granted a permit.

    (2) The obligation created by subsection (1) arises whether the person came to be in New Zealand unlawfully as a result of the expiry or revocation of a permit, their entry into New Zealand without a permit or exemption, ceasing to be exempt from the requirement to hold a permit, their loss of New Zealand citizenship, or otherwise.

    (3) The obligation to leave created by subsection (1) arises whether or not the person is aware of the obligation, or of the implications of not meeting it, and—

    • (a) that obligation, and any liability of the person to removal or other action under this Part, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 46 (or section 70(4)); but

    • (b) nothing in paragraph (a) prevents any action from being brought in respect of such a failure or alleged failure in proceedings that are not directed towards preventing the removal of any person.

    Section 45: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).