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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
148 Costs of removal, deportation, or repatriation
  • (1) Subject to subsections (3) and (4) of this section and to any order of the Court under section 144(3) of this Act, all costs incurred by the Crown in removing, deporting, or repatriating any person from New Zealand may be paid from the Crown Bank Account.

    (2) If—

    • (a) any person has been or is to be removed, deported, or repatriated from New Zealand; and

    • (b) that person has in New Zealand a spouse, civil union partner, de facto partner, or a dependent child; and

    • (c) the Minister is satisfied that the effect of the removal, deportation, or repatriation has been or will be to separate that person from the spouse, civil union partner, de facto partner, or the dependent child,—

    the Minister may provide that person or that person's spouse, civil union partner, or de facto partner with such assistance as the Minister thinks fit for the purpose of reuniting the spouse, civil union partner, de facto partner, or the dependent child with the person in the country to which the person has been or is to be removed, deported, or repatriated, and any such assistance may include the grant of a sum out of the Crown Bank Account to meet all or part of the travelling or other costs that will be incurred in any such exercise.

    (3) Subject to any order made by a Court pursuant to an application under subsection (4) of this section, or pursuant to section 144(3) of this Act, all costs incurred by the Crown in removing, deporting, or repatriating any person shall be recoverable as a debt due to the Crown by that person, and any sum so recovered shall be paid into the Crown Bank Account.

    (4) The Minister or an immigration officer may, at any time before a person is removed, deported, or repatriated from New Zealand, apply to a Court of competent jurisdiction to fix such sum as in the opinion of the Court represents any reasonable costs incurred or likely to be incurred by the Crown in removing, deporting, or repatriating that person, and any sum so fixed shall be recoverable as a debt due to the Crown by that person and shall on recovery be paid into the Public Account.

    (5) For the purposes of this section, the costs incurred or likely to be incurred in removing, deporting, or repatriating any person include—

    • (a) the costs of locating, detaining, and maintaining that person; and

    • (b) internal travel costs for that person,—

    incurred or likely to be incurred pending the person's removal, deportation, or repatriation from New Zealand.

    (6) Nothing in this section or in section 28(2) or section 125(4) or section 144(3) of this Act authorises the Crown to recover any particular cost more than once.

    Section 148: substituted, on 1 July 1989, by section 114(6) of the Public Finance Act 1977 (1977 No 65).

    Section 148(2): substituted, on 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).