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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
52 Where appeal allowed
  • (1) Where the Authority decides that an appeal should be allowed, it may direct an immigration officer to take such steps as it considers necessary to give effect to its decision.

    (2) Without limiting subsection (1), the Authority may direct an immigration officer to grant the successful appellant—

    • (a) a residence permit subject to such requirements (if any) as the Authority may determine; or

    • (b) a temporary permit for such period and subject to such conditions (if any) as the Authority may determine.

    (3) For the avoidance of doubt, the Authority may direct an immigration officer to grant the successful applicant a permit, and an immigration officer must accordingly grant the permit, even though the applicant is a person who would normally be prohibited from being granted a permit under section 7(1).

    (4) The Authority may direct the imposition of any requirement on the grant of a residence permit that it thinks fit having regard to the reasons why the appellant was able to demonstrate exceptional circumstances of a humanitarian nature or why it was not contrary to the public interest to allow the appellant to remain in New Zealand, whether or not the requirement is of a kind authorised under Government residence policy at the time.

    (5) Section 18A(4) to (7) applies to any requirement imposed under this section as if it were imposed under that section.

    (6) The chief executive must ensure that the terms of a direction given under this section are complied with.

    Section 52: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 52: substituted, on 18 November 1991, on 18 November 1991, by section 23(1)of the Immigration Amendment Act 1991 (1991 No 113).