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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Appeals and other matters in relation to appellate bodies

450: Appeals not determined by court before former Act repealed

You could also call this:

“Old law applies to appeals started before new law, with court deciding outcomes”

If you started an appeal under the old law before the new law came into effect, the court will still use the old law to decide your case. This is true even though the new law has replaced the old one.

When the court finishes deciding your appeal, it can do a few things. It can change, confirm, or fix the original decision. It can also send the case back to the Tribunal with instructions on what to do next. The court can even make other orders about your case if it thinks it’s necessary.

If the court’s decision means you have to leave New Zealand, you’ll be removed in the same way as if you were being deported under the new law. The new law will apply to your case, with some changes if needed. You can also be arrested and held under Part 9 of the new law while waiting to be deported.

If your case is sent back to the Tribunal, they will handle it the same way they handle similar cases under the new law.

When figuring out time limits for your case, any time that passed before section 404 of the new law started will be counted too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441405.

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449: Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed, or

“Who can still appeal refugee status decisions under old rules after law change”

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451: Persons eligible to appeal to court before former Act repealed, or

“Who can still appeal to court under the old immigration law”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Appeals and other matters in relation to appellate bodies

450Appeals not determined by court before former Act repealed

  1. Despite section 404 of this Act, an appeal lodged under the former Act with a court but not determined before the commencement of that section must be determined by the court in accordance with the relevant provisions of the former Act.

  2. On completion of the appeal, the court may do 1 or more of the following things:

  3. reverse, confirm, or amend the decision in respect of which the appeal was brought:
    1. remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with:
      1. make any other order in relation to the matter as it thinks fit.

        1. If the effect of the court order is that the person may be removed or deported from New Zealand,—

        2. the removal or deportation 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. the person is liable for arrest and detention under Part 9 of this Act pending his or her deportation being executed.

            1. If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as an appeal or matter of the same type is dealt with under this Part.

            2. For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404 of this Act.