177 Deportation order may be cancelled

(1)

An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154 applies.

(2)

Nothing in subsection (1) gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand’s international obligations.

(3)

If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise—

(a)

may make a decision as he or she thinks fit; and

(b)

in doing so, is not under any obligation, whether by implication or otherwise,—

(i)

to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 207; or

(ii)

to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person.

(4)

Whether or not an immigration officer considers cancelling a deportation order,—

(a)

he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and

(ab)

information privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application; and

(b)

section 23 of the Official Information Act 1982 does not apply in respect of the decision.

(5)

However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

(a)

a description of the international obligations; and

(b)

the facts about the person’s personal circumstances.

Section 177(4)(ab): inserted, on 7 May 2015, by section 50 of the Immigration Amendment Act 2015 (2015 No 48).

Section 177(4)(ab): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).