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New Zealand law explained for everyone

Immigration Act 2009

Deportation - Cancellation or suspension of deportation liability

172: Minister may cancel or suspend liability for deportation

You could also call this:

“Minister can stop or pause your deportation from New Zealand”

The Minister can cancel your deportation at any time by giving you a written notice. This means you won’t have to leave New Zealand.

The Minister can also pause your deportation for up to 5 years if you have a residence class visa. This is called suspension. If this happens, you’ll get a written notice. The notice will tell you about any rules you need to follow. These rules start from the date on the notice.

The Minister can do this even if you’ve given reasons why you shouldn’t be deported or if you’ve asked the Minister for something else.

If you don’t follow the rules in the suspension notice, the Minister can start your deportation again. You’ll get a notice about this. After you get this notice, you have 28 days to either appeal to the Tribunal or leave New Zealand. This is only if you didn’t appeal earlier when you had the chance.

If you’ve already appealed against your deportation, the Minister must tell the Tribunal if your deportation is cancelled, suspended, or started again.

The Minister gets to decide whether to cancel or suspend your deportation. It’s completely up to them.

If you’re in prison, the suspension time starts when you’re released.

Even if your deportation is cancelled or suspended, you could still be deported for other reasons later.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440865.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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171: Contents of deportation liability notice, or

“What a deportation liability notice tells you”

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173: Right of victims to make submissions on suspension or cancellation of liability for deportation, or

“Victims can share their views on whether someone should be deported”

Part 6 Deportation
Cancellation or suspension of deportation liability

172Minister may cancel or suspend liability for deportation

  1. The Minister may at any time, by written notice, cancel a person’s liability for deportation.

  2. The Minister may at any time, by written notice (a suspension notice), suspend a residence class visa holder's liability for deportation—

  3. for a period not exceeding 5 years; and
    1. subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification).

      1. The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation—

      2. has given good reason under section 155(2), 156(2)(b), or 157(2) why the person should not be deported; or
        1. has purported to apply to the Minister for any other reason.

          1. Where a person fails to comply with the conditions stated in a suspension notice,—

          2. the Minister may reactivate the person's liability for deportation by causing a deportation liability notice (a reactivation notice) to be served on the person that sets out the grounds of the reactivation; and
            1. subject to section 175A(4), the person has 28 days from the date on which the reactivation notice is served to—
              1. lodge an appeal with the Tribunal on the grounds specified in section 155, 156, 158, 159, 160, 161, or 162, if the person deferred lodging an appeal under section 173A(2); or
                1. leave New Zealand.

                2. In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under subsection (1), (2), or (3)(a).

                3. The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister.

                4. In the case of a person in imprisonment, the period referred to in subsection (2) commences on the date of the person’s release.

                5. The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.

                Notes
                • Section 172(2): amended, on , by section 66(1) of the Statutes Amendment Act 2019 (2019 No 56).
                • Section 172(2A): inserted, on , by section 47(1) of the Immigration Amendment Act 2015 (2015 No 48).
                • Section 172(3): amended, on , by section 66(2) of the Statutes Amendment Act 2019 (2019 No 56).
                • Section 172(3)(a): amended, on , by section 66(3) of the Statutes Amendment Act 2019 (2019 No 56).
                • Section 172(3)(b): replaced, on , by section 66(4) of the Statutes Amendment Act 2019 (2019 No 56).