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Immigration Act 2009

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

435: Person released on conditions under former Act

You could also call this:

“Rules for people released under old immigration law still apply”

If you were released on certain conditions under the old immigration law before the new law started, you are still bound by those conditions until you leave New Zealand. The old law still applies to your release.

If you were released under a special part of the old law (Section 128AA), you must follow the conditions until the release order expires or a specific event happens. When this time comes, you need to go to an immigration officer at the place stated in your order.

When you go to the immigration officer, they can do one of two things: They can detain you or have you arrested under the new law, or they can agree to new rules about where you live and when you need to report to them.

If you don’t go to the immigration officer when you’re supposed to, they can detain you or have you arrested under the new law.

An immigration officer can also ask for a warrant to keep you in custody under the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441386.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act, or

“Automatic visa holders may be deported for reasons predating visa grant”

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436: Person subject to residence and reporting requirements under former Act, or

“Rules about living and reporting from old immigration law still apply to some people”

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

435Person released on conditions under former Act

  1. This section applies if, immediately before the commencement of section 404 of this Act, a person has been released on conditions under the former Act.

  2. The person remains subject to the relevant conditions, and the former Act continues to apply in respect of that person’s release, until—

  3. the person leaves New Zealand; or
    1. in the case of a person to whom section 128AA of the former Act applies, the date on which the order for the person's conditional release from custody expires, or the occurrence of the event upon which it expires.

      1. If subsection (2)(b) applies, the person must deliver himself or herself to an immigration officer at the location stated in the order, and an immigration officer may—

      2. detain the person under section 312 of this Act or cause the person to be arrested and detained under section 313 of this Act, and this Act then applies accordingly; or
        1. agree to residence and reporting requirements under section 315 of this Act, and this Act then applies accordingly.

          1. If subsection (2)(b) applies and the person fails to deliver himself or herself to an immigration officer as required, the person may be detained under section 312 of this Act or arrested and detained under section 313 of this Act, and this Act then applies accordingly.

          2. To avoid doubt, an immigration officer may apply for a warrant of commitment or a further warrant of commitment under section 316 of this Act in respect of a person to whom this section applies.