D4.5 Who is liable for removal from New Zealand

Immigration Act 1987 ss4A, 27A(2), 47, 53, 63, 114K(4)(b), 115A, 116

See D4.5 Effective 01/10/1999

A person who is in New Zealand unlawfully may be the subject of a removal order and is liable to be removed from New Zealand if:

1. they are not awaiting an appeal under sections 47 or 115A of the Immigration Act 1987 and have been in New Zealand unlawfully:
   1. for a period of 42 consecutive days; or
   2. (if, while still lawfully in New Zealand, they have lodged an application for reconsideration of a decision to decline a temporary permit), for a period of 42 consecutive days following the day on which they were advised under section 31 of the Immigration Act 1987 that the decision to decline their application is confirmed, if that day was later than the day on which the person became unlawfully in New Zealand; or
2. an appeal under sections 47, or 115A or 116 against having to leave New Zealand has been declined and they are still unlawfully in New Zealand 7 days after they have been advised of the decision to decline the appeal, or 7 days after becoming unlawfully in New Zealand following the expiry or cancellation of any permit which has been granted under section 22(7) of the Immigration Act 1987; or
3. they are unlawfully in New Zealand because a Limited purpose permit has expired; or
4. they are in New Zealand while a previously executed removal order is still in force; or
5. they are unlawfully in New Zealand because their temporary permit has expired, and that temporary permit was granted subject to the condition under section 27A(2) of the Immigration Act 1987 that they have no right to apply for another permit; or
6. they are unlawfully in New Zealand due to the cancellation or revocation of their permit resulting from the confirmation of a security risk certificate under 114K of the Immigration Act 1987; or
7. they are deemed by virtue of section 4A of the Immigration Act 1987 to be unlawfully in New Zealand (see A17.5).

D4.5.1 Removal resulting from confirmation of a security certificate

Immigration Act 1987 s 114K(4)

If directed by the Chief Executive of the Department of Labour under section 114K(4) of the Immigration Act 1987, an immigration officer must immediately make, serve and execute a removal order in relation to the person named in a security risk certificate.

Effective 01/01/2006