D2.5 Liability for deportation

Liability for deportation may arise as a consequence of a variety of acts or omissions. These instructions specify:

• when a person is liable for deportation,
• how that liability will be communicated,
• the consequences of the liability, and
• where appeal rights exist in respect of that liability.

D2.5.1 Decision making

1. The Minister of Immigration (the Minister) has the authority to decide to make a person liable for deportation. Generally the Minister will delegate this authority:
   1. in the case of residence class visa holders, to delegated decision makers within Immigration New Zealand. The liability for deportation process for residence class visa holders will be administered by the Deportation team within the Resolutions team at Immigration New Zealand National Office.
   2. in the case of temporary entry class visa holders, the process will be administered by the Compliance Operations Branch.
2. The Minister cannot delegate the authority to make decisions under section 163 of the Immigration Act 2009 which applies to people who are a threat or risk to security.
3. Under the Immigration Act 2009, immigration officers and the New Zealand Police have powers permitting them to locate and investigate persons unlawfully in New Zealand or otherwise liable for deportation. Information about these powers of investigation are detailed in section D5 identifying and locating people suspected of being in New Zealand unlawfully or who may be otherwise liable for deportation.

Effective 29/11/2010