94 Certificate giving temporary authority for person to remain in New Zealand

(1)

A certificate issued by the Minister under this section—

(a)

may be issued for a period, not exceeding 3 months, specified in the certificate; and

(b)

may, from time to time, be renewed for a further period not exceeding 3 months; and

(c)

may, if the Minister thinks fit, order that the person named in the certificate be taken into custody.

(2)

The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in New Zealand.

(3)

If the Minister issues a certificate, the Minister may, if he or she thinks fit, refer the person’s case to the Minister of Immigration for consideration under section 61 of the Immigration Act 2009, and in that case that section applies for the purposes of this section as if the person were a person required to hold a visa under that Act to be in New Zealand.

(4)

Except as provided in subsection (3), nothing in the Immigration Act 2009 applies to the person named in the certificate while the certificate is in force.

(5)

If,—

(a)

where the Minister referred the person’s case to the Minister of Immigration under subsection (3), the Minister of Immigration declines to grant a visa; and

(b)

there do not appear to the Minister to be any other grounds on which the person should remain in New Zealand,—

the Minister must cancel the certificate issued under this section, and must make a removal order under section 96 in respect of the person.

Section 94(3): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 94(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 94(5)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).