D2.30 Period of deportation liability (29/11/2010)

See also Immigration Act 2009 s 167

1. Residence class visa holders remain liable for deportation for a period of 10 years following the arising of the liability for deportation.
2. The period of 10 years in subsection (a) above must be calculated exclusive of:
   1. any time spent by the person in imprisonment following conviction for any offence;
   2. any period of time when the person’s liability for deportation is suspended by the Minister under section 172 of the Immigration Act 2009 or by the Tribunal under section 212 of the Immigration Act 2009.
3. A person liable for deportation under section 154 of the Immigration Act 2009 (being a person unlawfully in New Zealand) remains liable for deportation as long as he or she is unlawfully in New Zealand.

D2.30.1 Liability for deportation when person outside New Zealand

See also Immigration Act 2009 s 168

1. A person may become liable for deportation under any of sections 155 to 163 of the Immigration Act 2009 when the person is outside New Zealand and, subject to section 168 of the Immigration Act 2009, Part 6 and Part 7 of the Immigration Act 2009 apply as if the person were in New Zealand.
2. Subsection (c) below applies to a person who:
   1. is outside New Zealand; and
   2. is liable for deportation; and
   3. holds a visa.
3. The person may:
   1. appeal to the Immigration and Protection Tribunal against his or her liability for deportation; and
   2. travel to New Zealand during the period in which the appeal can be made; and
   3. if the person does appeal, travel to New Zealand pending the determination of the appeal.

D2.30.5 Effect of being liable for deportation

See also Immigration Act 2009 s 169

1. A person liable for deportation may not:
   1. apply for a visa, if he or she is unlawfully in New Zealand; or
   2. apply for a further visa of a different class or type, if he or she currently holds a visa.
2. However, the Minister of Immigration or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom section 169 (1)(b) of the Immigration Act 2009 applies.
3. While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.
4. While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must be suspended.

D2.30.10 Deportation liability notice

See also Immigration Act 2009 ss 170, 286

1. A deportation liability notice must be served on a person liable for deportation if it is intended to execute the deportation of the person.
2. Subsection (a) above applies unless:
   1. the person is liable for deportation on the grounds of being unlawfully in New Zealand; or
   2. the person is named in a deportation order under section 163 of the Immigration Act 2009.
3. A deportation liability notice may be served on a person by:
   1. personal service by an immigration officer (or by another person on behalf of an immigration officer); or
   2. registered post addressed to the person's New Zealand address or an address supplied under section 57(2) of the Immigration Act 2009.
4. dA deportation liability notice may be served on a person at any reasonable time of day or night, meaning:
   1. at a residence, only between the hours of 7.00 am and 9.00 pm, so long as the time of service is reasonable in the circumstances; and
   2. at a workplace, at any time that the workplace is in operation, including weekend operating hours, so long as the time of service is reasonable in the circumstances; and
   3. at a workplace that is also a residence, only between the hours of 7.00 am and 9.00 pm, so long as the time of service is reasonable in the circumstances.
5. A deportation liability notice may only be served at a residence, or a place that is both a residential and business premises, outside the hours detailed in (d)(i) and (iii) above, after a request:
   1. giving reasons why the notice needs to be served outside those hours; and
   2. specifying the time for which approval is sought to serve the notice

   has been approved by the General Manager responsible for Border Entry and Compliance.

D2.30.15 Contents of deportation liability notice

See also Immigration Act 2009 s 171

A deportation liability notice must be signed by the Minister or an immigration officer and state:

1. the provision or provisions of the Immigration Act 2009 under which liability for deportation arose:
2. the ground or grounds on which liability for deportation arose:
3. if applicable, the right to give good reason, not later than 14 days after the date of service of the notice, as to why deportation should not proceed, and who that reason must be given to:
4. whether there is a right of appeal against liability for deportation and, if so:
   1. what it is;
   2. how to exercise the right of appeal;
   3. the time limit for lodging the appeal;
5. the length or period of prohibition on entry to New Zealand that the person named in the notice may become subject to;
6. the consequences of attempting to return to New Zealand during the prohibition;
7. the requirement to repay any costs to the Crown of deportation;
8. if applicable, that a refugee and protection officer has determined that deportation of the person is not prohibited under section 164 of the Immigration Act 2009; and
9. if applicable, the grounds on which liability for deportation has been reactivated under section 172(3) or 212(3) of the Immigration Act 2009.

Effective 29/11/2010