Immigration and Protection Tribunal Amendment Regulations 2019

2019/228

Coat of Arms of New Zealand

Immigration and Protection Tribunal Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 23rd day of September 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 400 of the Immigration Act 2009—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Courts, after consultation with the Minister of Immigration, in accordance with section 403A of that Act.

Regulations

1 Title

These regulations are the Immigration and Protection Tribunal Amendment Regulations 2019.

2 Commencement

These regulations come into force on 29 October 2019.

3 Principal regulations

These regulations amend the Immigration and Protection Tribunal Regulations 2010 (the principal regulations).

4 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

5 Regulation 13 revoked (Form of witness summons)

Revoke regulation 13.

6 Schedule revoked

Revoke the Schedule.

7 New Schedule 1 inserted

Insert the Schedule 1 set out in the Schedule of these regulations as the first schedule to appear after the last regulation of the principal regulations.

Schedule New Schedule 1 inserted

r 7

Schedule 1 Transitional, savings, and related provisions

r 3A

Part 1 Provisions relating to Immigration and Protection Tribunal Amendment Regulations 2019

1 Interpretation

In this Part, amendment regulations means the Immigration and Protection Tribunal Amendment Regulations 2019.

2 Witness summons issued before commencement

(1)

This clause applies to a witness summons issued under clause 11(1) of Schedule 2 of the Act before the commencement of this clause.

(2)

On and after the commencement of this clause, if the summons complies with regulation 13 and the Schedule (as in force before their revocation by the amendment regulations), the summons must be treated as if it were a summons in the approved form referred to in clause 11(1) of Schedule 2 of the Act.

3 Witness summons issued after commencement

(1)

This clause applies to a witness summons issued under clause 11(1) of Schedule 2 of the Act on or after the commencement of this clause.

(2)

On and after the commencement of this clause, until the expiry of 6 months beginning on the date on which this clause comes into force, if the summons complies with regulation 13 and the Schedule (as in force before their revocation by the amendment regulations), the summons must be treated as if it were a summons in the approved form referred to in clause 11(1) of Schedule 2 of the Act.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 29 October 2019. The regulations repeal regulation 13 and the Schedule of the principal regulations, which provide for the form of a witness summons. The form is replaced by the use of an approved form under clause 11(1) of Schedule 2 of the Immigration Act 2009. The regulations also provide transitional and savings provisions for witness summons forms that are issued before and after these regulations come into force.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 September 2019.

These regulations are administered by the Ministry of Justice.