Immigration Amendment Act 2015

101 Section 398 amended (Costs of deportation or repatriation)

Replace section 398(4) to (6) with:


The costs incurred by the Crown in deporting or repatriating a person are recoverable as a debt due to the Crown, and those costs include (without limitation) costs incurred—


in locating, detaining, transporting, and maintaining the person pending his or her deportation or repatriation; and


in paying for travel for the person outside New Zealand.


The costs recoverable by the Crown may be the actual costs (determined after the deportation or repatriation has been effected), or an estimate of those costs determined by,—


in the case of deportation costs only, an immigration officer, in which case the estimate must be noted on the deportation order along with a statement requiring those costs to be paid; or


in the case of either deportation costs or repatriation costs, a court of competent jurisdiction, on application by the Minister or an immigration officer.


Where the estimated costs of deportation or repatriation are recovered from a person, if the amount recovered exceeds the actual costs of the deportation or repatriation, the excess must, on application by the person in the prescribed manner, be refunded to the person.


If the person deported or repatriated is under 18 years of age and not married or in a civil union, the costs of his or her deportation or repatriation are recoverable from the person’s parent or guardian.