D4.80 Transitional provisions - existing removal orders

Immigration Act 1987 ss 68, 69, 70

1. If a removal order has been served on a person before 1 October 1999 that person may exercise the rights of appeal provided by previous sections 63A and 63B of the Immigration Act 1987 within 42 days of the service of the removal order.
2. Sections 63A and 63B, and any other relevant sections as in force before 1 October 1999 will continue to apply to any such appeal as if they were still in force.
3. If a removal order has been served on a person before 1 October 1999 and:
   1. the rights of appeal provided by sections 63A and 63B of the Immigration Act 1987 have not been exercised within the 42 day time limits in those sections; or
   2. that person has unsuccessfully exhausted any appeal rights under those sections,

   they will be liable for removal from New Zealand under Part II of the Immigration Act 1987 as if the removal order had been made under Part II, but as if section 47 did not apply. (Section 47 provides for a person who is in New Zealand unlawfully to appeal to the Removal Review Authority against the requirement for them to leave New Zealand.)

Effective 01/10/1999