Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Turnaround, revocation of permits, removal, deportation, and monitoring

430: Person subject to section 128 or 128B of former Act

You could also call this:

“Rules for people affected by old immigration law sections now under new law”

If you were someone affected by section 128 or 128B of the old Immigration Act before the new law started, you’re now treated as if section 115 of the new Immigration Act applies to you. This means the new rules apply to you now, with some changes if needed.

Here are two important things to know:

When figuring out if section 115 no longer applies to you (which is done using section 116), they’ll count time that passed before the new law started.

If you were already being held when the new law began, you’re treated as if you were arrested and held under Part 9 of the new law.

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 It might be out of date or be missing some parts.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=DLM1441380.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Previous

429: Persons subject to section 129U of former Act, or

“People affected by old immigration law now covered by new Act”

Next

431: Deportation liability of residence class visa holder convicted of criminal offence, or

“You can be deported for crimes if you have a residence visa, even if you got it recently”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Turnaround, revocation of permits, removal, deportation, and monitoring

430Person subject to section 128 or 128B of former Act

  1. A person who, immediately before the commencement of section 404 of this Act, was a person to whom section 128 or 128B of the former Act applied must be treated on and from the date of that commencement as a person to whom section 115 of this Act applies, and this Act applies accordingly with any necessary modifications.

  2. Without limiting subsection (1),—

  3. in determining (under section 116 of this Act) whether section 115 of this Act ceases to apply to the person, any period of time must be calculated including any time that has elapsed before the commencement of section 404 of this Act:
    1. a person must be treated as if he or she were arrested and detained under Part 9 of this Act if he or she was already detained on the commencement of section 404 of this Act.