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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
59 Execution of removal order
  • (1) Any member of the Police may arrest without warrant a person on whom a removal order has been served and detain that person in accordance with this section.

    (2) The purpose of arrest and detention under this section is to execute the removal order by placing the person on a craft that is leaving New Zealand.

    (3) A person arrested and detained under this section may be detained for up to 72 hours without further authority than this section pending their placement on a craft that is leaving New Zealand.

    (4) Once the person has been placed on a craft that is leaving New Zealand, a member of the Police may make appropriate arrangements to ensure that the person does not leave the craft before it leaves New Zealand, and may continue to detain the person on board the craft for that purpose.

    (5) Where a person under 17 years of age who is not married or in a civil union is to be removed from New Zealand otherwise than in the company of a parent or guardian, an immigration officer must make all reasonable efforts to contact a parent or guardian of the person and to agree on suitable travelling arrangements for the person.

    (6) If no such agreement is arrived at, in making the travelling arrangements for the person the immigration officer must consult with and have regard to the advice of—

    • (a) the responsible adult nominated in respect of that person in accordance with section 141B; or

    Section 59: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 59: substituted, on 18 November 1991, by section 27 of the Immigration Amendment 1991 (1991 No 113).

    Section 59(5): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 59(6)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).