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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).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 4
Deportation of criminal offenders

91 Deportation of holders of residence permits following conviction
  • (1) Subject to sections 93, 93A, and 112, the Minister may, by order signed by the Minister, order the deportation from New Zealand of any holder of a residence permit who—

    • (a) is convicted (whether in New Zealand or not) of an offence committed at any time when that person was in New Zealand unlawfully or was the holder of a temporary permit or was exempt under this Act from the requirement to hold a permit, or within 2 years after that person is first granted a residence permit, being an offence for which the Court has power to impose imprisonment for a term of 3 months or more; or

    • (b) is convicted (whether in New Zealand or not) of 2 offences committed within 5 years after that person is first granted a residence permit, each of those offences being an offence for which the Court has power to impose imprisonment for a term of 12 months or more; or

    • (c) is convicted (whether in New Zealand or not) of an offence committed within 5 years after that person is first granted a residence permit and is sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

    • (ca) is convicted of an offence against section 39(1) or section 39A(1) of this Act committed within 10 years after the person is first granted a residence permit; or

    • (d) is convicted (whether in New Zealand or not) of an offence committed within 10 years after that person is first granted a residence permit and is sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more.

    (2) For the purposes of this section, 93A, and 112, a person is first granted a residence permit—

    • (a) on the first occasion on which that person is granted such a permit; or

    • (b) if that person is granted such a permit on any subsequent occasion following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.

    (3) For the purposes of this section and section 112(1) of this Act, a person who is deemed by subsection (1) of section 44 of this Act to be the holder of a residence permit, and a person who is the holder of a permit that is deemed by subsection (2) of that section to be a residence permit, shall be deemed to have been first granted a residence permit—

    • (a) on the first occasion on which that person entered New Zealand lawfully for the purpose of permanent residence; or

    • (b) if that person entered New Zealand lawfully for that purpose on any subsequent occasion following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.

    (4) The periods of 2 years prescribed by paragraph (a) of subsection (1) of this section, 5 years prescribed by paragraphs (b) and (c) of that subsection, and 10 years prescribed by paragraph (d) of that subsection shall be reckoned, in relation to any person, exclusive of any time spent by that person in prison following conviction for any offence.

    (5) The provisions of this section shall apply, in relation to the holder of a residence permit,—

    • (a) whether that person is first granted a permit after the commencement of this Act or was first granted a permit before that commencement; and

    • (b) whether any relevant offence was committed by that person before or after the commencement of this Act, and whether that person was convicted of such an offence before or after the commencement of this Act.

    (6) Paragraphs (c) and (d) of subsection (1) of this section apply—

    • (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:

    • (b) where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:

    • (c) where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

    (7) The Minister may at any time revoke a deportation order made under this section.

    Section 91(1): amended, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).

    Section 91(1)(ca): inserted, on 18 June 2002, by section 6 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 91(2): amended, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).