Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Miscellaneous provisions - Fees, bonds, levies, etc

397: Refund or forfeiture of bond

You could also call this:

“Getting your bond money back or having it taken away”

The Minister or an immigration officer can decide to take away a bond that you paid under this law. When they make this decision, they think about why you had to pay the bond, how well you followed the bond’s rules, any reasons you give for breaking the rules, and how much it might cost the government because you broke the rules.

If you’re allowed to get your bond money back, you need to ask for it within 12 months of when it becomes refundable. If you don’t ask in time, the government keeps the money.

When you pay a bond, the Department keeps it safe until they give it back to you or take it away. You don’t get any extra money (interest) for the bond while they’re holding it. The Department can use any interest to help pay for running the bond system. If there’s any extra interest left over, it goes to the government.

If you paid a bond for a temporary visa, you can’t get it back until you leave New Zealand or get a residence visa. When they give back a bond, they pay it to you or someone you say can receive it for you.

If they take away all or part of your bond, that money goes to the government.

If you’re asking to be recognised as a refugee or protected person, they can’t make you pay a bond for anything related to that. If you paid a bond before asking to be recognised, and then you are recognised as a refugee or protected person, they must give you your bond back.

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 It might be out of date or be missing some parts.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=DLM1441228.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Money and consumer rights > Banking and loans
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396: Imposition of bonds, or

“Rules for paying and getting back immigration bonds”

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398: Costs of deportation or repatriation, or

“Who pays for sending someone out of New Zealand and helping their family”

Part 11 Miscellaneous provisions
Fees, bonds, levies, etc

397Refund or forfeiture of bond

  1. The Minister or an immigration officer may cause a bond imposed under this Act to be forfeited.

  2. Forfeiture of a bond is at the discretion of the Minister or an immigration officer, who must exercise the discretion by taking into account—

  3. the reason the bond was imposed; and
    1. the extent to which the conditions of the bond have been met or breached; and
      1. any explanation given as to the breach of the bond conditions; and
        1. the estimated cost to the Crown of the breach.

          1. A person who is eligible for the refund of a bond must apply for the refund within 12 months of the bond becoming refundable, or the bond is forfeit to the Crown.

          2. A bond paid must be held in trust by the Department until refunded or forfeited.

          3. No interest is payable on a bond to the person who paid it. The chief executive may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into a Crown Bank Account.

          4. In the case of a bond imposed in relation to a temporary entry class visa, no refund may be made until the person in question either is no longer in New Zealand or is granted a residence class visa.

          5. A refund of a bond must be paid either to the person who paid it or to a person authorised by that person to receive it.

          6. If all or any part of a bond is forfeited, the Department must pay the amount forfeited into a Crown Bank Account.

          7. No bond may be imposed on any claimant for any matter relating to recognition as a refugee or a protected person, and any bond imposed upon a person before that person became a claimant must be refunded if the person is subsequently recognised as a refugee or a protected person.

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