D2.40 Deportation

D2.40.1 Service of a deportation order

See also Immigration Act 2009 s 175

1. A deportation order may be served on a person who is liable for deportation on or after the date or time specified in section 175A of the Immigration Act 2009.
2. However, a deportation order may be served on an earlier date, if requested by the person liable for deportation.
3. A deportation order may only be served by an immigration officer (or by another person on behalf of an immigration officer) or a constable.
4. A deportation order may only be served on a person outside New Zealand if the person still holds a visa.

D2.40.3 Time when deportation order may be served

See also Immigration Act 2009 s 175A

1. Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is:
   1. if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or
   2. if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination.
2. Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is:
   1. the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal:
   2. where the person has lodged an appeal to the Tribunal:
      • if the appeal is withdrawn, the day after the withdrawal;
      • if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to (c));
3. where the person has applied under section 245 of the Immigration Act 2009 for leave to appeal to the High Court:
   1. if the application for leave is withdrawn, the day after the withdrawal;
   2. if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii));
   3. if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal;
   4. if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal;
   5. if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal.
4. Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of:
   1. the first day on which the deportation order may be served under (a); and
   2. the first day on which a deportation order may be served under (b).
5. Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) or 212(1) of the Immigration Act 2009, the first day on which a deportation order may be served on the person is the later of:
   1. the day that is 28 days after service of a deportation liability notice on the person under section 172(3) or212(3)(a) of the Immigration Act 2009, as the case may be; and
   2. any applicable day determined under (b).
6. A deportation order may be served immediately on a person in the following circumstances:
   1. where the person has been served with a deportation liability notice and the person does not have:
      • a right to give good reason why deportation should not proceed; or
      • a right of appeal against liability for deportation;
   2. where an Order in Council under section 163 of the Immigration Act 2009 has been made in respect of the person:
      • was unlawfully in New Zealand before 2 am on 29 November 2010; and
      • continues to be unlawfully in New Zealand under this Act; and
      • has no right of appeal under this Act against liability for deportation:
   3. where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under (i), in which case (i) applies).
7. In this section, a right to give good reason why deportation should not proceed means a right, stated in a deportation liability notice served on a person liable for deportation, to give good reason, not later than 14 days after the date of service of that notice, as to why deportation should not proceed.

D2.40.5 Content of deportation order

See also Immigration Act 2009 s 176

1. A deportation order must specify:
   1. that the person named in the order is ordered to be deported from New Zealand; and
   2. that any visa held by the person has been, or will be, cancelled in accordance with section 64(1) (ab) of the Immigration Act 2009; and
   3. the provision of the Immigration Act 2009 under which the person became liable for deportation; and
   4. the ground or grounds for deportation; and
   5. the period of any prohibition on entry to New Zealand that the person named in the order is subject to; and
   6. the consequences of attempting to return to New Zealand during the period of prohibition; and
   7. that the person is required to repay the actual or (if an estimate of costs is specified in the deportation order) the estimated costs of deportation.
2. A deportation order must be signed by:
   1. the Governor-General, if the order is made under section 163 of the Immigration Act 2009; or
   2. an immigration officer, in any other case.

D2.40.10 Deportation order may be cancelled

See also Immigration Act 2009 s 177

1. An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154 of the Immigration Act 2009 applies.
2. Nothing in (a) above gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.
3. If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise:
   1. may make a decision as he or she thinks fit; and
   2. in doing so, is not under any obligation, whether by implication or otherwise:
      • to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 207 of the Immigration Act 2009; or
      • to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person.
4. Whether or not an immigration officer considers cancelling a deportation order:
   1. he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and
   2. Information privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application; and
   3. section 23 of the Official Information Act 1982 does not apply in respect of the decision.
5. However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record:
   1. a description of the international obligations; and
   2. the facts about the person's personal circumstances.

D2.40.15 Executing deportation order

See also Immigration Act 2009 s 178

1. A deportation order may be executed once it has been served on the person subject to the order.
2. A deportation order may be executed by:
   1. taking the person into custody; and
   2. escorting the person (or arranging for the person to be escorted) to an airport or port; and
   3. ensuring that the person is placed on board a craft and detained there until the person leaves New Zealand.
3. A deportation order may be executed in respect of a person who is serving a sentence of imprisonment in a prison only if the Minister of Immigration has ordered the release of the person in accordance with section 55 of the Parole Act 2002.

D2.40.17 Special powers pending deportation or turnaround

See also Immigration Act 2009 ss 287, 288

1. Where any person is liable for deportation or turnaround, an immigration officer has such of the following powers as are necessary to meet the entry or transit requirements of any country to which or through which the person is to travel:
2. the power to photograph and measure the person;
3. the power to take the person’s fingerprints, palm-prints, or footprints, or a scan of the person’s irises.

D2.40.20 Meaning of deported

See also Immigration Act 2009 ss 10, 179

A person is deported from New Zealand if:

1. the person leaves New Zealand (whether or not at the expense of the Government of New Zealand):
   1. on or after the date on which a deportation order may be served on the person under section 175A of the Immigration Act 2009; or
   2. after a deportation order has been served on the person; or
   3. while he or she is subject to a prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009; or
2. the person is served with a deportation order when he or she is outside New Zealand; or
3. the person was deported from New Zealand under the Immigration Act 1987.

Effective 28/01/2021