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437: No deportation liability if deportation prohibited under former Act
or “No deportation if previously protected under old Immigration Act”
You could also call this:

“Rules for people with special certificates under old immigration law”

This law is about people who have been given a special certificate saying they might be dangerous. Even though there’s a new law, the old rules still apply to these people. If the Minister tells the chief executive to use the certificate, they might have to make an order to remove the person from New Zealand. This order has to be made using the old law, but the actual removal will happen using the new law. While waiting for the person to be removed, a different rule called section 439 applies.

The Minister might also tell the chief executive to cancel the person’s visa. This has to be done using the old law, but again, the removal will happen using the new law. Section 439 still applies while waiting for the removal.

If the old law’s section 114L applies, then the person’s immigration process will start again using the new law. This includes any special rules in this part of the law.

These rules are very important and override any other rules in this part of the law that might disagree with them.

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Next up: 439: Certain persons deemed liable for arrest and detention under Part 9

or “People who can be arrested and held under the new immigration law”
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Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Persons subject to Part 4A of former Act

438Person subject to Part 4A of former Act

  1. Despite section 404 of this Act, Part 4A of the former Act continues to apply to a person in relation to whom a security risk certificate has been provided to the Minister under section 114D of the former Act.

  2. If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1) of the former Act, and the direction requires the making of a removal order or deportation order in respect of the person, the order must be made under the former Act. However,—

  3. the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
    1. section 439 of this Act applies pending the person's deportation being executed.

      1. If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1) of the former Act, and the direction requires the revocation or cancellation of any visa the person holds, the revocation or the cancellation must be made under the former Act. However,—

      2. the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
        1. section 439 of this Act applies pending the person's deportation being executed.

          1. However, if section 114L of the former Act applies, the resumption of the person's immigration processing must be undertaken in accordance with this Act, including in accordance with any applicable provisions of this Part.

          2. This section overrides any provision to the contrary in this Part.