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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
98 Person not in custody may be subject to residence and reporting requirements pending deportation
  • (1) Without limiting section 97 of this Act, any member of the Police may, in respect of any person (in this section referred to as the deportee) on whom any deportation order made under section 91 or section 92 of this Act has been served and who is not in custody, require the deportee to—

    • (a) specify a place at which the deportee agrees to reside pending deportation from New Zealand:

    • (b) report to a Police station on such days and at such times and in such manner as the member of the Police may specify.

    (2) A member of the Police may at any time vary any residence or reporting requirements under subsection (1) of this section—

    • (a) at the request of the deportee, by altering the place at which the deportee has agreed to reside; or

    • (b) by altering or cancelling any requirement to report to a Police station.

    (3) The imposition or variation of any residence or reporting requirements under this section shall be by written notice to the deportee, which notice shall—

    • (a) specify the address of the place at which the deportee has agreed to reside; and

    • (b) list any reporting requirements made under subsection (1)(b) or subsection (2)(b) of this section; and

    • (c) include a warning that, if the deportee fails to reside at the specified place or breaches any reporting requirement, the deportee is liable to be arrested without warrant and placed in custody.

    (4) If the deportee—

    • (a) fails, when required by a member of the Police under subsection (1) of this section, to specify a place at which the deportee agrees to reside; or

    • (b) when so required, specifies a place that, on reasonable grounds, is unacceptable to the member of the Police; or

    • (c) without reasonable excuse, fails to reside at the place specified in a written notice given under subsection (3) of this section, or to comply with any reporting requirement set out in such a notice,—

    the deportee is liable to be arrested by any member of the Police without warrant and placed in custody.

    (5) Every person who is arrested under subsection (4) of this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 99 of this Act for the detention of the person in custody.

    (6) Where a deportee who is subject to residence or reporting requirements under this section leaves New Zealand, those requirements shall lapse and the deportee shall cease to be bound by them.