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Immigration Act 2009

Detention and monitoring - Special provision where epidemic management notice in force

337: During epidemic District Court may deal with certain matters on basis of documents only

You could also call this:

“Court can review immigration cases using only documents during an epidemic”

When there’s an epidemic management notice in effect, the District Court can make decisions about certain immigration matters by looking at documents only. This means you don’t have to go to court in person. The judge can review your case and make a decision just by reading the paperwork.

This rule applies to any situation where the Immigration Act 2009 usually requires you to appear before a District Court Judge. It overrides all other parts of the Act that say you need to be physically present in court.

If the epidemic management notice only covers certain areas of New Zealand, then this rule only applies in those specific areas. In other parts of the country, the normal rules about going to court in person would still apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441139.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned, or

“Rules for deportees when planned transport is unavailable or delayed”

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338: Modification during epidemic of requirements to bring people before District Court Judge, or

“Changes to court appearances during epidemics”

Part 9 Detention and monitoring
Special provision where epidemic management notice in force

337During epidemic District Court may deal with certain matters on basis of documents only

  1. While an epidemic management notice is in force, any matter for which this Act requires a person to be brought before a District Court Judge may be dealt with by a District Court Judge on the basis of documents only, without the person being brought before the Judge.

  2. Subsection (1) overrides every provision of this Act requiring a person to be brought before a District Court Judge for the consideration or determination of a matter.

  3. If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only.

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