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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
92 Deportation of exempt persons following conviction
  • (1) In this section, exempt person means a person who is exempt under this Act from the requirement to hold a permit—

    • (a) by virtue of any of the provisions of paragraphs (b) to (e) of section 11(1) of this Act; or

    • (b) by virtue of an exemption under section 12 of this Act.

    (2) Subject to section 93, 93A, and 112, the Minister may, by order signed by the Minister, order the deportation from New Zealand of any exempt person who—

    • (a) is convicted (whether in New Zealand or not) of an offence committed within 2 years after that person first arrives in New Zealand, 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 first arrives in New Zealand, 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 first arrives in New Zealand 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 first arrives in New Zealand; or

    • (d) is convicted (whether in New Zealand or not) of an offence committed within 10 years after that person first arrives in New Zealand 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.

    (3) For the purposes of this section and section 112(2) of this Act, a person first arrives in New Zealand—

    • (a) on the first occasion on which that person arrives in New Zealand; or

    • (b) if that person arrives in New Zealand 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 (2) 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 exempt 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 an exempt person,—

    • (a) whether that person first arrives in New Zealand after the commencement of this Act or first arrived in New Zealand before that commencement, and whether or not that person was, at the time of arrival, an exempt person; 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 (2) 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 92(2): amended, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).

    Section 92(2)(ca): inserted, on 18 June 2002, by section 7 of the Immigration Amendment Act 2002 (2002 No 22).