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D4.15 Content and effect of removal orders

Immigration Act 1987 s 55

  1. Removal orders authorise the Police to take the person named in the order into custody and to execute the order.
  2. Removal orders inform the person named in them that:
    1. they are in New Zealand unlawfully; and
    2. are subject to removal; and
    3. as they have not responded voluntarily to the obligation to leave New Zealand, they will be removed from New Zealand; and
    4. they may contact a solicitor, or counsel or designated or nominated responsible adult.

D4.15.1 Right of access to counsel etc.

Immigration Act 1987 s 140(4)

  1. Any person detained in custody under the Immigration Act 1987 has the right to contact a solicitor or counsel or any responsible adult, parent or guardian, and must be informed of that right. Immigration officers must ensure that members of the Police who are detaining a person are aware of their responsibility to advise the person of this right.
  2. If the detainee chooses to exercise that right, the person nominated must be allowed access to the detainee and assisted to communicate with the detainee in private.

Effective 01/10/1999

Related Topics

D4 Removal from New Zealand

D4.1 Removal action

D4.5 Who is liable for removal from New Zealand

D4.10 Making and serving a removal order

D4.20 Currency of removal orders

D4.25 Cancellation of a removal order

D4.30 Executing a removal order

D4.35 Release or extended detention within the 72 hour period

D4.40 Custody

D4.45 Effect of International Conventions on removal action

D4.50 Issue of warrant of commitment

D4.55 Release from prison into immigration detention

D4.60 People unlawfully in New Zealand arrested for other offences

D4.65 Reclaiming costs of removal

D4.70 Forfeiture of bond

D4.75 Appeals against having to leave New Zealand

D4.80 Transitional provisions - existing removal orders

D4.85 Transitional provisions - people unlawfully in New Zealand as at 1 October 1999