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Immigration Act 2009
Detention and monitoring
Delivery of person for purpose of deportation
336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned

Part 1:
Preliminary provisions

3Purpose 4Interpretation 5Notifications 6How periods of time to be calculated 7Meaning of classified information and proceedings involving classified information 8Meaning of granting visa or entry permission as result of administrative error 9Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)9AMeaning of mass arrival group 10Meaning of deported 11Meaning of absolute discretion of the decision maker 11ATransitional, savings, and related provisions 12Act binds the Crown

Part 2:
Core provisions and matters in relation to decision making

Part 3:
Visas

Visas generally

43Effect of visa 44Person may hold only 1 current visa 45Grant of visa generally matter of discretion 46Grant of visa does not guarantee entry permission 47Grant of visa may be conditional on payment of bond 48Grant of visa may be conditional on sponsorship

Visa conditions

49Visas may be subject to conditions 50Conditions on resident visas 51Resident visa holder may apply for variation of travel conditions 52Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)53Conditions on temporary entry class visas subject to restricted temporary entry instructions 54Conditions on transit visas 55Condition that visa holder have sponsor 56Visa holder must comply with conditions

General rules relating to visas

57Applications for visas 58Obligation on applicant to inform of all relevant facts, including changed circumstances 59Applications by minors 60Biometric information may be required from visa applicant 61Grant of visa in special case 61AGrant of visa to individual 61AGrant of visas by special direction 61BGrant of visas to class of persons by special direction 62Form of visa 63Expiry of visa 64Cancellation of visa on triggering event 65Cancellation of resident visa before holder first arrives in New Zealand as holder of visa 66Cancellation of temporary entry class or transit visa by Minister or immigration officer 67Cancellation of visa for administrative error 68Grant of further visa where visa granted in error

Waiver of requirement for visa permitting travel to New Zealand in certain cases

69Waiver of requirement for visa permitting travel to New Zealand in certain cases

Classes of visa

70Classes of visa

Residence class visas

71Who may apply for residence class visa 72Decisions on applications for residence class visa 73Currency and nature of permanent resident visa 74Currency and nature of resident visa 75Former New Zealand citizens deemed to hold resident visa 75ACancellation of residence class visa of person threatening security

Temporary entry class visas: provisions applying to all types

76Decisions on applications for temporary entry class visa 77Currency and nature of temporary entry class visa 78Deemed extension of temporary entry class visa expiring during epidemic 78AExtension of temporary entry class visa by special direction

Temporary entry class visas: provisions applying to temporary visas

79Who may apply for temporary visa

Temporary entry class visas: provisions applying to interim visas

80Interim visa

Temporary entry class visas: provisions applying to limited visas

81Who may apply for limited visa 82Grant of limited visa rather than temporary visa applied for or held 83Grant of limited visa in relation to criminal matters 84Currency of limited visa 85Limitations and conditions on holders of limited visa

Transit visas

86Who must obtain transit visa 86AObligation of transit passenger 87Transit visa may be granted as exception to immigration instructions 88Currency of transit visa 89Limitations on holders of transit visa 90Cancellation of transit visa 91Expiry of transit period

Special directions to extend temporary entry class visas and transit visas

91AExtension of temporary entry class visas and transit visas by special direction

Reporting to Minister about grant of visas by special direction

91BDepartmental annual report to record exercise of power to make special directions (class of persons)

Invitation to apply for visa

92Expressions of interest 93Obligation to inform of all relevant facts, including changed circumstances 94Invitation to apply for visa 95Issue of invitation to apply for visa matter of discretion

Part 4:
Arrivals and departures

Advance passenger processing

96Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure 97Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand 97AChief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand 98Grant of entry permission outside New Zealand 99New Zealand citizen may confirm citizenship before arrival in New Zealand 100Collection of biometric information from proposed arrivals

Obligations in relation to craft coming to New Zealand

101Obligations in relation to craft en route to or arriving in New Zealand 102Obligations of carriers, and persons in charge, of craft to provide information

Obligations on persons arriving in New Zealand

103Obligations on persons arriving in New Zealand 104New Zealand citizens arriving in New Zealand to be photographed 105Responsibilities of internationally ticketed passengers travelling by air within New Zealand 106Responsibilities of domestic passengers travelling by air within New Zealand

Entry permission

107Effect of entry permission or refusal of entry permission 108Decisions on entry permission in relation to residence class visa holders 109Decisions on entry permission in relation to temporary entry class visa holders 109AForm of entry permission 110Applicant for entry permission to provide address 111Collection of biometric information 112Obligation to inform of all relevant facts, including changed circumstances 113Revocation of entry permission for administrative error 113ARevocation of deemed entry permission

Turnaround provisions

114Person failing to present and apply for entry permission 115Arrest, detention, and turnaround of persons 116When section 115 ceases to apply to person 117When turnaround ceases to apply to person remanded in custody or imprisoned

Obligations in relation to departure from New Zealand

118Obligations of carriers, and persons in charge, of craft 119Obligations of persons leaving New Zealand 120Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected

Special provision for emergencies, etc

121Persons deemed not to leave New Zealand in certain circumstances 122Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control

Protection for carriers, and persons in charge, of craft

123Protection for carriers, and persons in charge, of craft

Part 5:
Refugee and protection status determinations

124Purpose of Part 125Refugee or protection status to be determined under this Act 126Recognition of refugees selected outside New Zealand 127Context for decision making 128Matter not finally determined until expiry of appeal period or when appeal determined

Claims for recognition as refugee or protected person

129Recognition as refugee 130Recognition as protected person under Convention Against Torture 131Recognition as protected person under Covenant on Civil and Political Rights 132Claims not to be accepted from certain persons 133How claim made 134Whether to accept claim for consideration 135Claimant responsible for establishing claim 135ASuspension of determination of claim 136How refugee and protection officer to determine claim 137Matters to be determined by refugee and protection officer 138Decision on claim 139Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts 140Limitation on subsequent claims 141Procedure on subsequent claims 142Claim treated as withdrawn if claimant leaves New Zealand

Cessation or cancellation of recognition

143Cessation of recognition as refugee or protected person 144Application to Tribunal for cessation of recognition as refugee or protected person 145Cancellation of New Zealand citizen's recognition as refugee or protected person 146Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)147Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person 148Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146

Miscellaneous matters

149Powers of refugee and protection officers 150Special provision relating to claimants granted temporary visas 151Confidentiality to be maintained in respect of claimants, refugees, and protected persons 152Disclosure of information about claimant, refugee, or protected person by government agencies

Part 6:
Deportation

153Purpose of Part

Liability for deportation

Notification of liability for deportation

170Deportation liability notice 171Contents of deportation liability notice

Cancellation or suspension of deportation liability

172Minister may cancel or suspend liability for deportation 173Right of victims to make submissions on suspension or cancellation of liability for deportation 173APerson may defer lodging appeal against liability for deportation 174Effect of suspension

Deportation

175Service of deportation order 175ATime when deportation order may be served 176Content of deportation order 177Deportation order may be cancelled 178Executing deportation order 179Deported person may not enter New Zealand during period of prohibition on entry 180Deported person may not enter New Zealand until costs of deportation repaid 181Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry 182Minister may reduce or remove period of prohibition on entry

Part 7:
Appeals, reviews, and other proceedings

183Interpretation 184Purpose of Part

Limited right of reconsideration concerning temporary entry class visas

185Right of reconsideration if onshore application for further temporary visa declined

Limited right of review in respect of temporary entry class visa decisions

186Limited right of review in respect of temporary entry class visa decisions

Appeals in relation to residence class visas

187Rights of appeal in relation to decisions concerning residence class visas 188Determination of appeal in relation to residence class visa 189Use of further information in appeals under section 187 190Procedure where appeal successful or Tribunal makes recommendation

No appeal or review rights in relation to invitations to apply and transit visas

191No appeal or review rights in relation to invitations to apply 192No appeal or review rights in relation to transit visas

Appeals against decisions relating to refugee or protection status

193Tribunal consideration of refugee and protection matters 194Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)195Right of appeal in relation to subsequent claims for refugee or protection status 196Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement 197Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee 198Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition 199After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts 200Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

Appeal on facts against liability for deportation

201Persons who may appeal to Tribunal on facts 202Grounds for determining appeal on facts 203Process when entitlement to appeal on facts and humanitarian grounds 204Special process where refugee or protection status acquired through fraud, etc 205Special process if refugee or protected person liable for deportation under section 161

Appeal on humanitarian grounds against liability for deportation

206Who may appeal to Tribunal on humanitarian grounds 207Grounds for determining humanitarian appeal 208Right of victims to make submission on appeal

Orders on determination of appeal

209Tribunal may make orders considered necessary on allowing appeal against liability for deportation 210Tribunal may order grant of visa on allowing appeal against liability for deportation 211Effect of successful appeal against liability for deportation 212Tribunal may suspend liability for deportation on allowing humanitarian appeal 213Effect of suspension 214Effect of suspension on appeal 215Tribunal may reduce or remove period of prohibited entry under deportation order 216Tribunal may make order delaying deportation if appeal unsuccessful

Immigration and Protection Tribunal

217Immigration and Protection Tribunal 218Nature of Tribunal 219Membership of Tribunal 219AAppointment of temporary acting chair or member of Tribunal 220Role of chair of Tribunal 221Exercise of jurisdiction 222Procedure for determining appeals and matters generally 223Chair to ensure appeals and matters heard expeditiously 224Tribunal may dismiss frivolous or vexatious appeal 224AATribunal may strike out, determine, or adjourn appeal 224AAnnual report on performance of Tribunal's functions

Procedure for appeals and matters

225How appeal or matter lodged 226Proceedings on appeal or matter 227Minister or Department is party to proceedings 228Information Tribunal may consider 229Tribunal may require chief executive to provide information 230Tribunal must disclose prejudicial information 231Findings of credibility and fact 232Tribunal may require provision of biometric information 233When Tribunal must or may provide oral hearing 234Decision on papers in other circumstances 235Tribunal may issue single decision when appeals or matters heard together 236Appeals against deportation liability where person serving prison sentence 237Procedure 238Withdrawal of appeal or matter 239Deemed withdrawal of certain appeals where person leaves New Zealand

Special procedure where classified information involved

240How proceedings involving classified information to be conducted by Tribunal 241Presentation of classified information to Tribunal 242Tribunal to approve summary of allegations 243Matters to be considered by Tribunal 244Tribunal may require mixture of closed and open hearings

Appeal from Tribunal and judicial review

245Appeal to High Court on point of law by leave 246Appeal to Court of Appeal on point of law by leave 247Special provisions relating to judicial review 248Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision 249Restriction on judicial review of matters within Tribunal’s jurisdiction 249AApplications for appeal and judicial review of Tribunal decision to be lodged together 249BAppeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction 250Certain appeals and review proceedings to be treated as priority fixture 251Relationship with Senior Courts Act 2016

General provisions relating to proceedings involving classified information

Special advocates

263Role of special advocates 264Recognition of special advocates 265Appointment of special advocate in individual case 266Appointment of special advocate for purposes of Part 9 proceedings 267Communication between special advocate and person to whom classified information relates 268Protection of special advocates from liability 269Tribunal or court may appoint counsel assisting the court 270Tribunal or court may appoint special adviser 271Payment to counsel assisting the court or special adviser

Part 8:
Compliance and information

272Purpose of Part 273Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278

Power to access address information

274Certificate requiring production of address information 275Persons required to provide access to address information

Power to access employment documents

275APower to access employment documents

Powers of entry, inspection, etc

276Powers of entry and inspection relating to records of accommodation providers 277Powers of entry and inspection relating to records of employers 277APowers of entry and search for employees on employers’ premises 277BDepartment must review and report on entry and search powers under section 277A 277CDepartmental annual report to record exercise of entry and search powers under section 277A 278Powers of entry and inspection relating to records of education providers

Power to require production of documents, etc

279Powers of immigration officer to require information and documents where offence suspected 279ATreatment of identity documents and other things 280Power of immigration officer to request information and documents where liability for deportation or turnaround suspected 281Power to require information from person liable for deportation or turnaround 281AObligation of third parties to surrender identity documents 281BPower of entry and search for identity documents

Powers at border

282Immigration officer’s powers to enter immigration control area 283Powers at border 284Power of entry and search of craft 285Power of entry and search at border place 285ASearch of persons

Powers relating to deportation and turnaround

286Powers of entry and search relating to deportation 287Special biometric information 288Requirement to allow collection of biometric information and special biometric information 289Application for order authorising collection of biometric information 290Judge may authorise biometric information and special biometric information to be collected 290AObtaining biometric information by compulsion 291Further applications for compulsion order

Powers generally

292Immigration officer may have assistance 293Police to have powers of immigration officers 293AWarrant to enter and search 293BApplication for warrant to enter and search relating to deportation 293CDepartmental annual report to record exercise of power to issue warrant to enter and search relating to deportation

Disclosure of information to or by other agencies, bodies, or persons

294AAAObligation of immigration officer and Department not to disclose information 294AABInformation sharing 294Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence 295Information matching to locate person in serious default of payment of fine 296No Crown liability to third parties for fines enforcement action 297Chief executive may supply information concerning specified fines defaulters to commercial carriers 298Information matching to verify social security benefit matters 299Information matching to recover costs of visa holder's social security benefit from sponsor 300Information matching to determine eligibility or liability to pay for services 301Disclosure of immigration information to verify eligibility for publicly funded services 302Disclosure of information to enable Department to check identity, character, and status 303Disclosure of information to enable specified agencies to check identity and character 303ADisclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security 303BDirect access to information for purposes of law enforcement, counter-terrorism, and security 303CRequirements for agreements entered into under section 303, 303A, or 303B 304Disclosure of information to employers 305Disclosure of information overseas 306Information that may be disclosed under section 305

Part 9:
Detention and monitoring

307Purpose of Part 308This Part code for detention and monitoring of person if detention and monitoring under this Act

Arrest and detention

309Persons liable to arrest and detention 310Purpose for which arrest and detention powers may be exercised 311Implications of liability to arrest and detention 312Limited power of detention for up to 4 hours 313Initial period of detention without warrant 314Persons arrested and detained pending making of deportation order 315Person may instead agree to residence and reporting requirements

Warrants of commitment and release on conditions

316Application for warrant of commitment 317Decision on application for warrant of commitment 317AApplication for mass arrival warrant 317ABLimited period for decision on mass arrival warrant 317BDecision on application for mass arrival warrant 317CVariation of mass arrival warrant 317DDistrict Court may impose reporting requirements 317EApplication for further warrant of commitment in respect of mass arrival group 318Decision on application for warrant if threat or risk to security 319Warrant of commitment 320Court may instead release person on conditions 321Special conditions where threat or risk to security 322Persons detained under warrant of commitment or released on conditions pending making of deportation order 323Decisions on warrants of commitment where detention beyond 6 months 324Review of warrant of commitment or release on conditions 324AReview of mass arrival warrant 324BApplication for release on conditions (non-claimant)324CApplication for release on conditions (claimant)324DDecision on application for release on conditions (non-claimant)324EDecision on application for release on conditions (claimant)324FRelease on conditions 324GVariation of conditions imposed under section 324F 324HCircumstances in which person released on conditions may later be detained 324ILapse of conditions of release

Applications under this Part involving classified information

325Consideration by High Court of application involving classified information 326Process for High Court to consider application

Duties of detaining officers

327Duties of detaining officers 328Additional powers relating to detention by immigration officer 329Arresting or detaining officer may seek assistance

Form of custody

330Approval of premises for purpose of immigration detention 331Form of custody of persons detained without warrant overnight 332Form of custody of persons detained under warrant of commitment 333Special provisions relating to custody 334Additional provisions relating to custody in approved premises

Delivery of person for purpose of deportation

335Delivery of person into custody of immigration officer or police for purposes of deportation 336Person being deported must be returned to custody or conditions reimposed if craft not available as planned

Special provision where epidemic management notice in force

337During epidemic District Court may deal with certain matters on basis of documents only 338Modification during epidemic of requirements to bring people before District Court Judge 339During epidemic certain warrants to have effect for 28 days 340Application of section 324F during epidemic 341Calculation of consecutive period of detention for purposes of section 323

Part 10:
Offences, penalties, and proceedings

Offences

342Provision of false or misleading information 343Aiding and abetting 344Obstruction or failing to meet requirements 345Improper dealings with immigration or identity documents 346Impersonation 347Publishing false or misleading information 348Alteration of forms 349Offences relating to carriers, and persons in charge, of craft 350Offences by employers 351Exploitation of unlawful employees and temporary workers 351AExploitation of victims by charging premium for employment 352Offences by education providers 353Offences in relation to Tribunal 354Failure to maintain confidentiality in relation to refugee or protection matters

Penalties

355Penalties: general 356Penalties: carriers, and persons in charge, of craft 357Penalties: employers 358Penalties: education providers

Infringement offences

359Interpretation 359AEmployment infringement offence 360Infringement offences 361Immigration officer may require information 362When infringement notice may be issued 362AWhat infringement notice must contain 363Reminder notices 364Payment of infringement fees 364AMaximum fees for infringement offences 364BInfringement fine for prescribed employment infringement offences 365Revocation of infringement notice before payment made 365AHow infringement notice may be served: carriers, and persons in charge, of craft 365BHow infringement notice may be served: employers

Evidence in proceedings

366Evidence in proceedings: certificates in relation to persons 367Evidence in proceedings: certificates as to forms, documents, etc 368Evidence in respect of matters occurring and documents executed outside New Zealand 369Presumption that certificates duly authorised

Procedural provisions relating to offences

370Procedural provisions relating to offences 371Presumption of authority 372Time for filing charging document

Part 11:
Miscellaneous provisions

Matters relating to immigration status of persons born in New Zealand

373Immigration status of persons born in New Zealand on or after 1 January 2006 374Immigration status of persons whose status depends on immigration status of parent

Minors

375Minors to have responsible adult to represent their interests 376Role and rights of responsible adult 377Views of minor to be considered

Special directions

378Special directions 379Immigration officer to act in accordance with special direction

Delegation of Minister's powers

380Delegation of Minister's powers

Matters relating to chief executive

381Chief executive may approve forms 382Chief executive to designate immigration control areas 383Chief executive may designate places outside New Zealand where entry permission may be granted 383APublication of names and information in respect of immigration offences

Endorsement of New Zealand citizenship in foreign passports

384Endorsement in foreign passport

Responsibilities of certain operators of airports and ports

385Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

Notice requirements and addresses for communications

386Serving and giving notices, etc, to Minister and officers 386AServing and giving notices, etc, to other people 387Address for service 387AContact address 387BDepartures from sections 386A to 387A

Immigration officers and refugee and protection officers

388Designation of immigration officers 389Immigration officers’ functions and powers 390Designation of refugee and protection officers 391Revocation or lapsing of designations

Relationship between this Act and Human Rights Act 1993

392Relationship between this Act and Human Rights Act 1993

Fees, bonds, levies, etc

393Fees and how they may be prescribed for purposes of section 400 394Other charges 395Exemptions and refunds 396Imposition of bonds 397Refund or forfeiture of bond 398Costs of deportation or repatriation 399Immigration levy 399AAImmigration levy: consultation and review 399ABExtended immigration levy 399ACExtended immigration levy: consultation and review 399AInternational visitor conservation and tourism levy 399BInternational visitor conservation and tourism levy: consultation and review

Regulations

400Regulations generally 401Regulations relating to visas and expressions of interest 401ARegulations relating to suspending ability to make applications for visas and expressions of interest 401BProvisions relating to regulations made for purposes of section 401A 402Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand 403Regulations in respect of refugee and protection matters 403ARegulations made on recommendation of Minister

Modifications of Act relating to COVID-19 outbreak

403BModifications of Act relating to COVID-19 outbreak

Part 12:
Repeals, transitional provisions, saving provisions, and related matters

Repeals and related matters

404Immigration Act 1987 repealed 405Regulations made under Immigration Act 1987 revoked 406Consequential amendments and repeals 407Immigration Act 1987 continues in relation to certain matters and for certain purposes 408Appeals body members not entitled to compensation

Transitional and savings provisions

Government immigration and residence policy

409Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions 410Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies

General instructions of chief executive

411General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act

Existing applications, expressions of interest, and invitations

412Existing applications for visas and permits 413Expressions of interest in residence under section 13D of former Act 414Invitations to apply for residence under section 13E of former Act

Existing visas and permits

415Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act 416Returning resident's visa held by New Zealand citizen under former Act indication of entitlement 417Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa

Arrivals and departures

418Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand 419Decision by chief executive about person boarding craft for purpose of travelling to New Zealand 420Information requirements for carrier, and person in charge, of commercial craft 421Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand 422Obligations of carriers of craft leaving New Zealand to provide passage 423Responsibilities of carrier, and person in charge, of craft en route to New Zealand

Refugee and protection status

424Person recognised as refugee under former Act treated as recognised as refugee under this Act 425Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)426Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration 427Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer 428Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act 429Persons subject to section 129U of former Act

Turnaround, revocation of permits, removal, deportation, and monitoring

430Person subject to section 128 or 128B of former Act 431Deportation liability of residence class visa holder convicted of criminal offence 432Revocation of permits, removal orders, and deportation orders 433Permit granted prior to commencement of section 404 as result of administrative error 434Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act 435Person released on conditions under former Act 436Person subject to residence and reporting requirements under former Act 437No deportation liability if deportation prohibited under former Act

Persons subject to Part 4A of former Act

438Person subject to Part 4A of former Act

Detention and monitoring

439Certain persons deemed liable for arrest and detention under Part 9 440Detention of person liable for turnaround 441Detention of person beyond 6 months 442Detention under former Act without warrant 443Detention under former Act with warrant

Reconsiderations

444Reconsiderations not determined before former Act repealed 445Persons eligible for reconsideration before former Act repealed

Appeals and other matters in relation to appellate bodies

446Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed 447Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed 448Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed 449Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed 450Appeals not determined by court before former Act repealed 451Persons eligible to appeal to court before former Act repealed 452Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7 453No new appeal rights created

Disclosure of immigration information to other agencies, bodies, or persons

454Arrangements under former Act for disclosure of immigration information

Offences, evidence, and classified information

455Offences 456Offences by employers 457Evidence in proceedings 458Classified information

Miscellaneous provisions

459Children to have responsible adult to represent their interests 460Special directions 461Delegation of powers of Minister 462Immigration officers 463Immigration officers who may make and cancel removal orders under former Act 464Acts or things done by immigration officer under former Act not required to be repeated 465Exercise of certain powers by customs officers 466Exercise of certain powers by Police 467Refugee status officers 468Forms 469Bonds imposed under former Act 470Sponsorship under former Act 471Files of appeals bodies 472Transitional regulations 473Transitional immigration instructions

Exercise of certain powers and functions before commencement of certain provisions of this Act

474Exercise of certain powers and functions before commencement of certain provisions of this Act

Part 13:
Amendments to Immigration Act 1987

475Principal Act amended 476Cancellation of removal order 477New section 141ABA inserted 478Interpretation

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Convention Relating to the Status of Refugees

Schedule 2:
Provisions relating to Tribunal

Schedule 3:
Enactments amended

Schedule 4:
Regulations, rules, and orders amended

Schedule 5:
Visas corresponding to visas and permits held under former Act

Schedule 6:
Modifications of Act relating to COVID-19 outbreak

Summary of changes

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Part 9Detention and monitoring
Delivery of person for purpose of deportation

336Person being deported must be returned to custody or conditions reimposed if craft not available as planned

This section applies if the following circumstances arise:
a craft that was to take from New Zealand a person in relation to whom a deportation order is being executed, or whose departure is being effected,—
1. ceases to be available for any reason; or
2. is, or is likely to be, delayed in New Zealand for more than 96 hours; or
for any other reason it is not practicable in all the circumstances for the person to leave New Zealand at the expected time.

When this section applies,—
a person who was released from custody pursuant to a warrant of commitment must be returned to the custody of the person to whom the warrant of commitment was addressed, and for that purpose the warrant remains in full force and effect:
a person who has been subject to residence and reporting conditions under section 315, or released on conditions under section 324F, may once again be released on those conditions:
in any other case, an application may be made under section 316 for a warrant of commitment authorising the further detention of the person.

Notes

Section 336(2)(b): amended, on 28 November 2025, by section 55 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).

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Part 9Detention and monitoringDelivery of person for purpose of deportation

336Person being deported must be returned to custody or conditions reimposed if craft not available as planned

Part 9Detention and monitoring
Delivery of person for purpose of deportation