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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
148B Bonds
  • (1) This section applies in any case where a bond may be imposed under this Act.

    (2) The amount of any bond is to be at a level determined or authorised by—

    • (a) Government residence policy under section 13B, in respect of bonds of a type required by that policy; and

    • (b) regulations made under this Act, in respect of other bonds.

    (3) Different levels of bond, or different methods of determining levels of bond, may be determined or prescribed in respect of different categories of person, including categories of person determined by having regard to the different regions of the world where their countries of origin or nationality are situated and the costs of travel or repatriation to such regions or countries.

    (4) A bond must specify—

    • (a) the conditions in respect of which it is paid (which must relate to or be based on requirements of the relevant Government residence policy, if appropriate, or on other requirements and obligations imposed by or under this Act, including conditions attached to the relevant permit); and

    • (b) the situations in which it may be refunded or forfeited, whether in whole or in part.

    (5) Regulations made under this Act may—

    • (a) require any bond or class of bond to be paid in New Zealand dollars only:

    • (b) require any refund of a bond or class of bond to be made in New Zealand dollars only (whether or not the bond itself was required to be paid in New Zealand dollars).

    (6) A bond required in respect of any type of matter is payable at the time prescribed for that class of matter in regulations, or in Government residence policy as the case may require, and may be payable either by the person concerned or by any other class of person specified in the regulations or policy. For the avoidance of doubt, a bond payable in relation to the grant of a permit may be required to be payable at the time of the issue of a visa that may lead to the grant of the permit.

    (7) Forfeiture of a bond is at the discretion of the Minister or an immigration officer or a visa officer, who must exercise the discretion by taking into account—

    • (a) the reason the bond was imposed; and

    • (b) the extent to which the conditions of the bond have been met or breached; and

    • (c) any explanation given as to the breach of the bond conditions; and

    • (d) the estimated cost to the Crown of the breach.

    (8) The person who is eligible for the refund of a bond must apply for the refund within 12 months of the bond becoming refundable, or the bond is forfeit to the Crown.

    (9) A bond paid must be held in trust by the Department of Labour until refunded or forfeited.

    (10) No interest is payable on a bond to the person who paid it. The chief executive of the Department of Labour may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into the Crown Bank Account.

    (11) In the case of a bond imposed in relation to a temporary or limited purpose visa or permit, no refund may be made until the person in question either is no longer in New Zealand or, in the case of the holder of a temporary permit, is granted a residence permit.

    (12) A refund of a bond must be paid either to the person who paid it or to a person authorised by that person to receive it.

    (13) If all or any part of a bond is forfeited, the Department of Labour must pay the amount forfeited into the Crown Bank Account.

    (14) No bond may be imposed on any refugee status claimant for any matter relating to refugee status, and any bond imposed upon a person before that person became a refugee status claimant must be refunded if the person is subsequently determined under Part 6A to be a refugee.

    Section 148B: inserted, on 1 October 1999, by section 54 of the Immigration Amendment Act 1999 (1999 No 16).