D4.85 Transitional provisions - people unlawfully in New Zealand as at 1 October 1999
Immigration Act 1987 s 70
- Section 70 of the Immigration Act 1987 applies to people who:
- are in New Zealand unlawfully immediately before 1 October 1999 (i.e., at midnight on 30 September 1999); and
- for whom a removal order is not in force at that time.
- Section 70 no longer applies to such people once they leave New Zealand.
D4.85.1 Appeal provisions
Immigration Act 1987 s 70
Immigration Regulations 1999 Form 12, Schedule 2
- People described in D4.85(a) above may appeal to the Removal Review Authority under section 47 of the Immigration Act 1987 before 1 October 2000 despite having been in New Zealand unlawfully for more than 42 days, unless:
- they are notified before that date (see (b) below) that they must leave New Zealand; or
- they appeal to the Removal Review Authority under section 47 within 42 days.
- If, before 19 August 2000, an immigration officer serves a Notice on a person to whom section 70 of the Immigration Act 1987 applies that they must leave New Zealand or appeal to the Removal Review Authority under section 47 within 42 days, then:
- they may appeal under section 47 within 42 days of having been served with the Notice, despite having been in New Zealand unlawfully for more than 42 days; and
- if they do not appeal within the 42 day period, or if their appeal is unsuccessful, they may be liable to be removed from New Zealand at the end of that period.
- At any time on or after 1 October 2000 a person described in D4.85 (a) above may be liable for removal from New Zealand unless:
- they are awaiting an appeal under section 47 at that time; or
- they are no longer unlawfully in New Zealand.
D4.85.5 Obligation to leave New Zealand
Immigration Act 1987 s 70
- Department of Labour will take appropriate action to provide information to people to whom section 70 of the Immigration Act 1987 applies about their obligation to leave New Zealand, and the implications if they do not leave New Zealand.
