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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Repeals and related matters

407: Immigration Act 1987 continues in relation to certain matters and for certain purposes

You could also call this:

“Old immigration law still applies to some existing cases”

Even though the Immigration Act 1987 has been replaced, some parts of it still apply to certain situations. This is because of rules in the Interpretation Act 1999 that say when a law is replaced, some things from the old law can still matter.

The old Immigration Act 1987 might still be used for some purposes, unless the new law says something different. This means that if you were in a certain situation just before the new law started:

If you were in New Zealand without permission, you still need to leave.

If you were being held because of the old law, you can still be kept in custody.

If you had been told to leave New Zealand under the old law, that order still applies to you.

These rules help make sure that changing the law doesn’t suddenly change your situation if you were already dealing with immigration matters when the new law came in.

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 It might be out of date or be missing some parts.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=DLM1441348.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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406: Consequential amendments and repeals, or

“Changes to other laws and removal of outdated acts to align with the new Immigration Act”

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408: Appeals body members not entitled to compensation, or

“Appeals body members can't get extra money due to law changes”

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

407Immigration Act 1987 continues in relation to certain matters and for certain purposes

  1. To avoid doubt, despite the repeal of the former Act by section 404 of this Act, sections 17, 18, and 19 of the Interpretation Act 1999—

  2. provide that the repeal of the former Act does not affect certain matters; and
    1. continue the application of the former Act for certain purposes, subject to any provision in subpart 2 of this Part that expressly provides otherwise.

      1. Accordingly, but without limiting subpart 2 of this Part, in relation to an immigration matter, a person who, immediately before the commencement of section 404 of this Act,—

      2. is unlawfully in New Zealand continues to have an obligation to leave New Zealand:
        1. is detained under the former Act continues to be lawfully detained:
          1. is subject to a removal order or deportation order under the former Act continues to be subject to that order.