Immigration Amendment Act 2015

48 Section 175 replaced (When deportation order may be served)

Replace section 175 with:

175 Service of deportation order

(1)

A deportation order may be served on a person who is liable for deportation on or after the date or time specified in section 175A.

(2)

However, a deportation order may be served on an earlier date, if requested by the person liable for deportation.

(3)

A deportation order may only be served by an immigration officer (or by another person on behalf of an immigration officer) or a constable.

(4)

A deportation order may only be served on a person outside New Zealand if the person still holds a visa.

175A Time when deportation order may be served

(1)

Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is,—

(a)

if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or

(b)

if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination.

(2)

Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is—

(a)

the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal:

(b)

where the person has lodged an appeal to the Tribunal,—

(i)

if the appeal is withdrawn, the day after the withdrawal:

(ii)

if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to paragraph (c)):

(c)

where the person has applied under section 245 for leave to appeal to the High Court,—

(i)

if the application for leave is withdrawn, the day after the withdrawal:

(ii)

if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii)):

(iii)

if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal:

(iv)

if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal:

(v)

if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal.

(3)

Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of—

(a)

the first day on which the deportation order may be served under subsection (1); and

(b)

the first day on which a deportation order may be served under subsection (2).

(4)

Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) or 212(1), the first day on which a deportation order may be served on the person is the later of—

(a)

the day that is 28 days after service of a deportation liability notice on the person under section 172(3) or 212(3)(a), as the case may be; and

(b)

any applicable day determined under subsection (2).

(5)

A deportation order may be served immediately on a person in the following circumstances:

(a)

where the person has been served with a deportation liability notice and the person does not have—

(i)

a right to give good reason why deportation should not proceed; or

(ii)

a right of appeal against liability for deportation:

(b)

where an Order in Council under section 163 has been made in respect of the person:

(c)

where the person—

(i)

was unlawfully in New Zealand before 2 am on 29 November 2010; and

(ii)

continues to be unlawfully in New Zealand under this Act; and

(iii)

has no right of appeal under this Act against liability for deportation:

(d)

where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under paragraph (a), in which case paragraph (a) applies).

(6)

In this section, a right to give good reason why deportation should not proceed means a right, stated in a deportation liability notice served on a person liable for deportation, to give good reason, not later than 14 days after the date of service of that notice, as to why deportation should not proceed.