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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
58 Cancellation of removal order
  • (1) An immigration officer who has been designated by the chief executive for the purpose of making removal orders under section 54 may, at any time while the person named in the removal order is still in New Zealand, cancel a removal order that has been served by endorsing a copy of the order accordingly, and personally serving that copy on the person named in the order.

    (2) The cancellation endorsement serves as a direction to any person who may be detaining the person in custody in reliance on the order to release the person from custody immediately.

    (3) An immigration officer who cancels a removal order must ensure that any person who is detaining the person named in the order in reliance on this Part releases the person immediately.

    (4) In the case of a person who has already been removed from or has left New Zealand, an immigration officer of the type referred to in subsection (1) may cancel a removal order by sending the person named in it a notice to that effect in the prescribed form.

    (5) Nothing in this section gives a person a right to apply to an immigration officer for the cancellation of a removal order. However, an immigration officer must consider cancelling the removal order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.

    (6) If an immigration officer does consider cancelling a removal order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise,—

    • (a) may make a decision as he or she thinks fit; and

    • (b) in doing so, is not under any obligation, whether by implication or otherwise,—

      • (i) to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 47(3); or

      • (ii) to inquire into the circumstances of, or to make any further inquiries in respect of the information provided by or in respect of, the person who is the subject of the removal order or any other person.

    (7) Whether or not an immigration officer considers cancelling a removal order,—

    • (a) he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and

    • (b) section 23 of the Official Information Act 1982 does not apply in respect of the decision.

    (8) However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

    • (a) a description of the international obligations; and

    • (b) the facts about the person's personal circumstances.

    Section 58: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 58(1)(a)(i): amended, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

    Section 58(2)(a)(i): amended, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

    Section 58(2)(b): amended, on 18 November 1991, by section 23(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 58(5): substituted, on 17 November 2009, by section 476 of the Immigration Act 2009 (2009 No 51).

    Section 58(6): added, on 17 November 2009, by section 476 of the Immigration Act 2009 (2009 No 51).

    Section 58(7): added, on 17 November 2009, by section 476 of the Immigration Act 2009 (2009 No 51).

    Section 58(8): added, on 17 November 2009, by section 476 of the Immigration Act 2009 (2009 No 51).