Immigration Amendment Act 1977
Immigration Amendment Act 1977
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Immigration Amendment Act 1977
Public Act |
1977 No 98 |
|
Date of assent |
16 December 1977 |
|
Contents
An Act to amend the Immigration Act 1964
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Immigration Amendment Act 1977, and shall be read together with and deemed part of the Immigration Act 1964 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of February 1978.
2 Work permits
(1)
Section 14 of the principal Act is hereby amended by inserting in subsection (1), after the word “business,”
, the word “employment,”
.
(2)
The said section 14 is hereby further amended by inserting, after subsection (2), the following subsections:
“(2a)
I very such permit shall be issued subject to the condition (in addition to any condition imposed under subsection (2) of this section) that the holder, while in New Zealand pursuant to the permit, shall not obtain employment, or engage in any activity for gain or reward, of any type without the consent of the Minister, which shall be endorsed on the permit.
“(2b)
Every person commits an offence and is liable to a fine not exceeding $200, and, if the offence is a continuing one, to a further fine not exceeding $20 for each day during which the offence has continued,—
“(a)
Who, being the holder of a temporary permit that is subject to any condition imposed under subsection (2) of this section, acts in contravention of that condition; or
“(b)
Who, being the holder of any temporary permit, obtains employment or engages in any activity for gain or reward in contravention of subsection (2a) of this section.”
(3)
The said section 14 is hereby further amended by omitting from subsection (3) the words “any such”
, and substituting the word “a”
.
3 Offence to obtain permits, etc., by false representation
Section 16 of the principal Act (as substituted by section 3 of the Immigration Amendment Act 1968) is hereby amended by omitting from subsection (1) the words “a permit to enter New Zealand”
, and substituting the words “any permit under this Act, or any extension or variation of any such permit,”
.
4 Offence to employ persons not holding work permits
The principal Act is hereby amended by inserting in Part II, after section 19, the following section:
“19a
“(1)
Every person commits an offence and is liable to a fine not exceeding $200, and, if the offence is a continuing one, to a further fine not exceeding $20 for each day during which the offence has continued, who employs or continues to employ in any type of employment any other person if he knows that that other person—
“(a)
Is required to hold a permit under this Act but does not in fact hold one; or
“(b)
Holds a temporary permit under section 14 of this Act, but is not authorised under subsection (2a) of that section to seek or obtain employment.
“(2)
Nothing in subsection (1) of this section applies in respect of the employment by any person of any other person if that employment commenced before the date of the commencement of this section.”
5 Deportation of prohibited immigrants
(1)
Section 20 of the principal Act is hereby amended by omitting from subsection (2) the word “Where”
, and substituting the words “Subject to section 20a of this Act, where”
.
(2)
The said section 20 is hereby further amended by adding the following subsection:
“(8)
Where any person has been ordered to leave New Zealand under this Act, the Minister of Immigration may, if he thinks fit, require the person to pay the whole or any part of the expenses of or incidental to the voyage from New Zealand and the maintenance until departure of the person and of any dependants of the person who may also be so ordered to leave New Zealand. The Minister of Immigration may recover any such expenses as a debt due to the Crown by the person, or may apply any money or property of the person in payment of any such expenses.”
6 Appeals to Minister against deportation
The principal Act is hereby amended by inserting, after section 20 (as amended by section 5 of this Act), the following section:
“20a
(1)
Where any person is convicted of any offence referred to in section 20(1) of this Act, except an offence against subsection (5) of section 22 of this Act, he may, within 14 days after the date on which the conviction is entered, request the Minister in writing, setting out the full circumstances on which the request is based, to make an order that the offender be not deported from New Zealand.
“(2)
On any such request, the Minister may make such an order, in the prescribed form, if he is satisfied that, because of exceptional circumstances of a humanitarian nature, it would be unduly harsh or unjust to deport the offender from New Zealand.
“(3)
The Minister shall cause to be filed a copy of the order in the Registry of the Court in which the conviction was entered, and the Court shall—
“(a)
Order the immediate release of the offender, if he is then detained in a penal institution, unless he is undergoing a sentence of detention in respect of the offence or of some other offence; or
“(b)
Discharge the offender from all obligations under any bail bond entered into by him to secure his release from detention.
“(4)
On making an order under this section, the Minister shall cause to be issued to the offender a permit under this Act.”
This Act is administered in the Department of Labour.
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Versions
Immigration Amendment Act 1977
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