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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
114K Effect of confirmation of certificate, or failure to seek review
  • (1) Where—

    • (a) a security risk certificate has been confirmed under section 114J(1); or

    • (b) the certificate is confirmed to the extent that no review has been applied for under section 114I within 5 days (or 28 days, in the case of a person who is not in New Zealand) after the serving of a Ministerial notice under section 114G(2)(d) or (4)(d) ,—

    the Minister must make a final decision within 3 working days whether to rely on the confirmed certificate and accordingly to direct the chief executive in writing to act in reliance on the certificate under subsection (3).

    (2) In making a final decision under subsection (1) the Minister may seek information from other sources and may consider matters other than the contents of the certificate.

    (3) On receipt of a direction from the Minister under subsection (1) to rely on the confirmed certificate, the chief executive must ensure that—

    • (a) where the person's case was before the Tribunal, an Authority, the Board, the District Court, or High Court before the certificate was made, the relevant body is immediately notified in the prescribed manner of the Inspector-General's determination or the failure to seek review, so that it can dismiss the matter in reliance on this section; or

    • (b) in any other case, an appropriate decision is made in reliance on the relevant security criterion as soon as practicable.

    (4) In either event, the chief executive must ensure that—

    • (a) any visa or permit that the person still holds is cancelled or revoked, without further authority than this section, and in such case the cancellation or revocation takes effect immediately and without any right of appeal or review; and

    • (b) if a removal order or deportation order is not already in existence, an appropriate person who may make such an order makes the relevant order immediately without further authority than this section, and the person is removed or deported, unless protected from removal or deportation under section 114Q or section 129X; and

    • (c) in the case of a person who is protected from removal or deportation by section 129X, the person is released from custody and is given an appropriate temporary permit.

    (5) On receipt of the appropriate notification under subsection (3)(a) by the Tribunal, Authority, Board, District Court, or High Court considering the matter, the proceedings in question immediately lapse, and are to be treated as having been dismissed.

    (6) Where this section applies, the person who is the subject of the certificate has no further right of appeal or review under this Act.

    (7) The Minister is not obliged to give reasons for his or her decision to give a direction under this section, and section 23 of the Official Information Act 1982 does not apply in respect of the decision.

    Section 114K: inserted, on 1 April 1999, by section 35 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 114K(3)(a): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 114K(5): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).