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Armed Forces Discipline Act 1971

Victims’ rights - Notice of certain matters to be given to victim

198N: Notice of proposal to cancel or suspend liability for deportation

You could also call this:

"Notice that the government might stop or delay deporting someone who committed a crime"

Illustration for Armed Forces Discipline Act 1971

You are a victim of a crime and the person who committed the crime might be deported. The Minister of Immigration is thinking about cancelling or suspending the deportation. You are entitled to get a notice about this, as stated in section 39 of the Victims’ Rights Act 2002, if the offender is liable for deportation under the Immigration Act 2009. You will get this notice if the offender appeals against their deportation to the Immigration and Protection Tribunal. Some parts of section 39 of the Victims’ Rights Act 2002 apply to you, but with some changes. These changes include replacing some references with the Director, and making any other necessary changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147735.

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Topics:
Crime and justice > Victim supportImmigration and citizenship > Border control
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198M: Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility, or

"Notice if someone who committed a crime is leaving a hospital or facility"

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198O: Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation, or

"A victim can have a say in deportation decisions"

Part 10AVictims’ rights
Notice of certain matters to be given to victim

198NNotice of proposal to cancel or suspend liability for deportation

  1. A victim to whom this section applies is entitled to receive a notice in accordance with section 39 of the Victims’ Rights Act 2002 if—

  2. the offender is liable for deportation under the Immigration Act 2009 as a result of any criminal offending; and
    1. the Minister of Immigration is considering cancelling or suspending the offender’s liability for deportation or the offender appeals against the offender’s liability for deportation to the Immigration and Protection Tribunal.

      1. Section 39(2), (3), (5), and (6) of the Victims’ Rights Act 2002 applies in relation to the victim with the following modifications:

      2. a reference to a specified person in that section must be treated as a reference to the Director; and
        1. any other necessary modifications.

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          Notes
          • Section 198N: inserted, on , by section 21 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).