New Zealand Legislation: Regulations
Regulations are laws made under Acts
Form 1 |
[This certificate is to be completed in duplicate. The original may be retained by the officer or employee of the department of State or other body specified in the first column of Schedule 1 of the Immigration Act 1987 for the purposes of recording the fact that any information given was in response to this certificate. The duplicate copy is retained by the immigration officer.]
To [name of department or other body]
I, [name], an immigration officer, holding warrant of designation No ......., issued by the chief executive of the Department of Labour, certify that I have good cause to suspect that [name], also known as ..........................., is in New Zealand unlawfully.
In terms of section 64(3) of the Immigration Act 1987, I call on you to produce for my inspection and allow me to copy any record or other information held by and reasonably available to your organisation that tends to establish the present whereabouts of the person named above or that person's whereabouts at any time in the past.
Section 64(5) of the Immigration Act 1987 provides that your obligation to provide the information I seek applies notwithstanding any enactment or rule of law to the contrary, and that no person is liable in any civil or criminal proceedings in respect of anything done in compliance with section 64(3).
Signature of immigration officer:
Date:
Form 2 |
[This certificate is to be completed in duplicate. The original may be retained by the officer or employee of the department of State or other body specified in the first column of Schedule 1 of the Immigration Act 1987 for the purposes of recording the fact that any information given was in response to this certificate. The duplicate copy is retained by the immigration officer.]
To [name of department or other body]
I, [name], an immigration officer, holding warrant of designation No ......., issued by the chief executive of the Department of Labour, certify that I have good cause to suspect that the premises at [address] are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who is in New Zealand unlawfully.
In terms of section 64(3) of the Immigration Act 1987, I call on you to produce for my inspection and allow me to copy any record or other information held by and reasonably available to your organisation that tends to establish the name of the present occupier or any of the present occupiers of the premises, or the name of the occupier or any of the occupiers of the premises at any time in the past.
Section 64(5) of the Immigration Act 1987 provides that your obligation to provide the information I seek applies notwithstanding any enactment or rule of law to the contrary, and that no person is liable in any civil or criminal proceedings in respect of anything done in compliance with section 64(3).
Signature of immigration officer:
Date:
Form 3 |
To [name or organisation]
of [address]
I have good cause to suspect that you are in possession of a passport or certificate of identity relating to [name], who I have good cause to suspect is in New Zealand unlawfully and is liable to be removed from New Zealand under Part 2 of the Immigration Act 1987.
If you are in possession of the above document, then pursuant to section 66(1) of the Immigration Act 1987 I require you to surrender it to me by either delivering it personally or posting it to the following address within 7 days: [office, street and number or PO Box, town].
If you are the holder of the above document and you do not surrender that document to me in accordance with this request you are liable to prosecution and fine under the Immigration Act 1987.
Surrendering the document in accordance with this request does not expose you to any legal liability because, under section 66(3) of the Immigration Act 1987, no action may be brought in any court in respect of your surrender of the above document despite anything in any other Act or rule of law.
Signed:
(Immigration officer)
Name:
Date:
Form 4 |
To [full name]
*and to the following dependent children under 17 years of age:
(1) ................................................................... | (4) ................................................................... | |
(2) ................................................................... | (5) ................................................................... | |
(3) ................................................................... | (6)................................................................... |
[*Delete if not applicable.]
Acting pursuant to section 54 of the Immigration Act 1987, I, [full name], an immigration officer, designated by the chief executive of the Department of Labour for the purpose of making removal orders, am satisfied that you (and the named dependent child/children*) are in New Zealand unlawfully on the grounds that—
(a) you are not a New Zealand citizen; and
(b) you do not hold a permit to be in New Zealand; and
(c) you are not exempt under the Immigration Act 1987 from the requirement to hold a permit;—
and that you are liable to be removed from New Zealand under Part 2 of the Immigration Act 1987 on the grounds that—
*(a) you have been in New Zealand unlawfully for a period of longer than 42 consecutive days and you do not have an appeal pending before the Removal Review Authority or a court; or
*(b) you have been in New Zealand unlawfully for a period of longer than 42 consecutive days since the day on which you received notification under section 31 of the Immigration Act 1987 of confirmation of a decision to decline to grant you a permit and you do not have an appeal pending before the Removal Review Authority or a court; or
*(c) you have had an appeal to the Removal Review Authority or the courts declined and you are still in New Zealand 7 days after that decision was notified to you; or
*(d) you are in New Zealand unlawfully by reason of the expiry of a limited purpose permit; or
*(e) you are in New Zealand while a previously executed removal order is still in force in respect of you; or
*(f) you are in New Zealand unlawfully by reason of the expiry of a temporary permit granted for purposes associated with the Mutual Assistance in Criminal Matters Act 1992 (section 63 of the Immigration Act 1987); or
*(g) you are a person in respect of whom a security risk certificate has been confirmed (section 114K(4)(b) of the Immigration Act 1987).
[*Delete those not applicable.]
Since you (and the named dependent child/children*) have not responded voluntarily to the obligation to leave New Zealand contained in section 45 of the Immigration Act 1987, your removal will now be effected by the State.
This removal order authorises any constable to take you (and the named dependent child/children*) into custody and place you (and him/her/them*) on board any craft that is leaving New Zealand, for the purpose of effecting your (and his/her/their) removal from New Zealand in accordance with section 59 of the Immigration Act 1987.
This removal order remains in force for 5 years (unless you are under 17 years of age, in which case it remains in force until you are removed from New Zealand).
Dated: [day, month, year].
Signed:
(Immigration officer designated by the chief executive of the Department of Labour for the purpose of making removal orders)
Note: You have the right to contact a solicitor or counsel or other adviser (or, if you are under 17 years of age and not married or in a civil union, a responsible adult).
__________________________________
This removal order served on [name] by personal service on [date] at [place].
Signed:
(Immigration officer)
Schedule 2 form 4: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 4: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Form 5 |
To [name of person named in removal order who is now overseas] of [overseas address].
You are notified, pursuant to section 58 of the Immigration Act 1987, that the removal order served personally on you on [date] is cancelled with effect on and from the date of this notice.
Signed:
(Immigration officer designated by the chief executive of the Department of Labour for the purpose of making removal orders)
Date:
Form 6 |
To every constable (or To [full name], constable), and to [the person in charge of any specified premises or the Manager of any specified prison] [name] (in this warrant called the subject), of [address and occupation, if known] was arrested under Part 2 of the Immigration Act 1987 and brought before me pursuant to section 60 of that Act.
I hereby order that the subject be detained for a period of .......days, unless earlier ordered to be released by any court, or unless earlier required to be delivered up by any constable for the purpose of executing a removal order or for the purpose of any court appearance, and I direct you, the said constable(s), to deliver the subject to [specified premises or prison], and you, the said [person in charge or Manager], to receive the subject into your custody and detain the subject until so ordered to be released or required to be delivered up.
Dated at [place, day, month, year].
Signature:
(District Court Judge)
__________________________________
Subject brought before me on—
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
Schedule 2 form 6: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 6: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 7 |
To every constable (or To [full name], constable), and to the Manager of [specified prison] [name] (in this warrant called the subject), of [address and occupation, if known] was arrested under Part 3 of the Immigration Act 1987 and brought before me pursuant to section 79 of that Act.
I hereby order that the subject be detained until ordered to be released by any court, or until required to be delivered up by any constable in accordance with section 85 of the Immigration Act 1987 for deportation, and I direct you, the said constable(s), to deliver the subject to [specified prison] and you, the said Manager, to receive the subject into your custody and detain the subject until so ordered to be released or required to be delivered up.
Dated at [place, day, month, year].
Signature:
(District Court Judge)
Schedule 2 form 7: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 7: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 8 |
To every constable (or To [full name], constable), and to the Manager of [specified prison] [name] (in this warrant called the subject), of [address and occupation, if known] was arrested under Part 4 of the Immigration Act 1987 and brought before me pursuant to section 99 of that Act.
I hereby order that the subject be detained until ordered to be released by the Deportation Review Tribunal or by any court, or until required to be delivered up by any constable in accordance with section 108 of the Immigration Act 1987 for deportation or for the purpose of any court appearance, and I direct you, the said constable(s), to deliver the subject to [specified prison] and you, the said Manager, to receive the subject into your custody and detain the subject until so ordered to be released or required to be delivered up.
If within 28 days the subject has not been deported from New Zealand, the subject must be brought before a District Court Judge to consider whether this warrant should be extended by periods of up to 7 days.
Dated at [place, day, month, year].
Signature:
(District Court Judge)
__________________________________
Subject brought before me on—
[date] and ordered to be further detained until ........
Signature:
(District Court Judge)
[date] and ordered to be further detained until ........
Signature:
(District Court Judge)
[date] and ordered to be further detained until ........
Signature:
District Court Judge
Schedule 2 form 8: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 8: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 9 |
To every constable (or To [full name], constable), and to the Manager of [specified prison] [name] (in this warrant called the subject), a citizen of [country, if known], was detained pursuant to section 114G(5) of the Immigration Act 1987, and is to be detained for more than 48 hours.
I direct you, the said constable(s), to deliver the subject to [specified prison] and you, the said [Manager] to receive the subject into your custody and detain the subject until required by a constable to deliver up the person in accordance with the provisions of the Immigration Act 1987 relating to the execution of a removal order or a deportation order, or unless earlier notified in writing by an immigration officer or constable that the subject should be released in accordance with section 114O(3) of the Immigration Act 1987.
Signature:
(District Court Judge)
Date:
District Court at [place]
Schedule 2 form 9: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 9: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 10 |
To every constable (or To [full name], constable), and to [the person in charge of any specified approved premises or the Manager of any specified prison] [name] (in this warrant called the subject), a citizen of [country, if known], was detained pursuant to section 128 of the Immigration Act 1987, and is to be detained for more than 48 hours.
I direct you, the said constable(s), to deliver the subject to [specified premises or prison], and you, the said [person in charge or Manager], to receive the subject into your custody and detain the subject for an initial period of 28 days (subject to any extension under section 128(13B) of the Act and to any recalculation required by section 128A(2) of the Act) unless sooner required by a constable to deliver up the subject in accordance with section 128(11) of the Immigration Act 1987 to be placed on a craft that is leaving New Zealand, or unless the subject is ordered by a District Court Judge to be sooner released pursuant to section 128A(4) of that Act, or until notified in writing by an immigration officer that the subject may be released in accordance with section 128(14) of that Act.
Signature:
(Registrar (or Deputy Registrar))
Date:
District Court [place]
__________________________________
Extension of warrant pursuant to section 128(13B) or section 128A(3) of the Immigration Act 1987 where appropriate, by reason of extension to warrant being sought to allow removal from New Zealand or by reason of duration of review proceedings:
Subject brought before me on—
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
Schedule 2 form 10: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 10: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 11 |
To every constable (or To [full name], constable), and to [the person in charge of any specified approved premises or the Manager of any specified prison] [name] (in this warrant called the subject), a citizen of [country, if known], was detained pursuant to section 128B of the Immigration Act 1987, and is to be detained for more than 48 hours.
I direct you, the said constable(s), to deliver the subject to [specified premises or prison], and you, the said [person in charge or Manager], to receive the subject into your custody and detain the subject for an initial period of 28 days (subject to any extension under section 128B(10) of the Act) or until notified in writing by an immigration officer that the subject may be released in accordance with section 128B(5)(a) of the Immigration Act 1987, or until the expiry of 48 hours after section 128B of that Act ceases to apply to the subject pursuant to paragraph (b) or paragraph (c) of subsection (5) of that section.
Dated at [place, day, month, year].
Signature:
(District Court Judge)
__________________________________
Subject brought before me on—
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
[date] and warrant extended for a further ....... days until ..............
Signature:
(District Court Judge)
Schedule 2 form 11: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 11: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Form 12 |
To [full name]
*and to the following dependent children under 17 years of age:
(1) ................................................................... | (4) ................................................................... | |
(2) ................................................................... | (5) ................................................................... | |
(3) ................................................................... | (6)................................................................... |
[*Delete if not applicable.]
Acting pursuant to section 70(3)(b) of the Immigration Act 1987, I, [full name], an immigration officer, am satisfied that you (and the named dependent child/children) were in New Zealand unlawfully immediately before 1 October 1999, that no removal order was in force in respect of you (or the named dependent child/children) at that time and that you are still in New Zealand unlawfully on the grounds that—
(a) you are not a New Zealand citizen; and
(b) you do not hold a permit to be in New Zealand; and
(c) you are not exempt under the Immigration Act 1987 from the requirement to hold a permit.
I therefore give you notice that you are obliged to leave New Zealand within 42 days after the date of service of this notice, or instead to appeal to the Removal Review Authority under section 47(1) of the Immigration Act 1987 (which relates to exceptional circumstances of a humanitarian nature). If you wish to appeal you must do so within 42 days after the service of this notice on you.
If you do not either leave New Zealand or appeal within 42 days after service of this notice on you, or if your appeal is unsuccessful, within 7 days of that appeal decision being notified to you, an immigration officer may, after that time, make and serve a removal order on you under section 54 of the Immigration Act 1987. That removal order will authorise any constable to take you (and the named dependent child/children) into custody and place you (and him/her/them) on board any craft for the purpose of effecting your (and his/her/their) removal from New Zealand in accordance with section 59 of the Immigration Act 1987.
As an additional consequence of a removal order being made and served on you, and you being removed from New Zealand, if you are 17 years of age or more you will not be allowed to come back to New Zealand for a period of 5 years. If you leave voluntarily you will be able to apply to come back at any time.
If your appeal to the Removal Review Authority is unsuccessful, unless you further appeal, you will have 7 days after the date on which you receive notification of the Removal Review Authority's decision in which to leave New Zealand voluntarily before an immigration officer may make and serve a removal order and you may be removed from New Zealand.
Dated:
Signed:
(Immigration officer)
__________________________________
This notice (or copy) served on [name] by personal service on [date] at [place].
Signed:
(Immigration officer)
Advice for person named in notice of unlawful status in New Zealand
You may, within 42 days after the service of this notice on you, appeal to the Removal Review Authority if you think there are exceptional circumstances of a humanitarian nature that mean you should be allowed to remain in New Zealand. An appeal form is available free of charge from any branch office of the New Zealand Immigration Service.
You have the right to ask a lawyer or other adviser (or, in the case of children, a responsible adult) to help you. If you do not know any lawyers, you could look in the Yellow Pages of the telephone directory under the heading “Barristers and Solicitors”, or you could ask your nearest Law Society for a list of local lawyers.
Schedule 2 form 12: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2 form 12 : amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
