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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

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

You could also call this:

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

If you had to follow certain rules about where you could live and when you had to report to someone under the old immigration law, those rules still apply to you. These rules will stay in place until you leave New Zealand, even though the old law has been replaced.

If you break these rules, you might be held by the authorities. They can do this using the same methods they would use if you didn’t follow an agreement under section 315 of the new law. This means you could be detained under section 312 or arrested and detained under section 313 of the new law.

Also, an immigration officer can ask for a warrant to keep you in custody under section 316 of the new law. This applies even if your case started under the old 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=DLM1441387.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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435: Person released on conditions under former Act, or

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

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437: No deportation liability if deportation prohibited under former Act, or

“No deportation if previously protected under old Immigration Act”

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

436Person subject to residence and reporting requirements under former Act

  1. Any residence and reporting requirements imposed on a person under section 98 of the former Act that were in force immediately before the commencement of section 404 of this Act remain in force and, subject to subsection (2), the former Act continues to apply as if it had not been repealed in respect of those requirements, until the person leaves New Zealand.

  2. If section 98(4) of the former Act applies to a person, the person may be detained under section 312 of this Act or arrested and detained under section 313 of this Act as if the person were a person who had failed to comply with an agreement made under section 315 of this Act, and this Act applies accordingly with any necessary modifications.

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