D8.10 Revocation of temporary permit in other circumstances

Immigration Act 1987 s 33

1. Section 33 of the Act does not define the grounds on which a temporary permit may be revoked. Instances when an immigration officer may take revocation action include, but are not limited to:
   1. where the temporary permit was procured by fraud, forgery, false or misleading representation or by concealing relevant information; or
   2. where there has been a breach of the conditions of the temporary permit; or
   3. where a person has been convicted of a crime after being granted a temporary permit (including those discharged without conviction or given diversion).
2. Regardless of the reason why a temporary permit is revoked, the immigration officer must be satisfied there is good reason in all the circumstances (i.e. taking both positive and negative factors into account), for revoking it and supply written reasons for doing so in a Notice of Revocation of a Temporary Permit.
3. Action to revoke a temporary permit should not be undertaken if the holder's existing temporary permit is current for less than another four weeks, unless the person is subject to section 7(1) of the Act. If a person in that situation is not subject to section 7 of the Act then they should be informed in writing that no further temporary permits will be granted and the reason why.
4. Only officers holding Schedule 2 delegations or above have authority to revoke temporary permits under section 33 of the Act.

D8.10.1 Bringing about revocation of a temporary permit

1. To bring about revocation of a temporary permit it is necessary to prepare and serve a formal Notice of Revocation of a Temporary Permit.
2. The Notice of Revocation of a Temporary Permit, may be served in person (if the revocation is under section 32 or 33) or by registered mail (if the revocation is under section 33) to the permit holder's last known New Zealand address. It is not necessary to physically endorse the relevant temporary permit in the holder's passport or travel document to bring about revocation, but this should be done if possible.

D8.10.5 Effect of revocation on temporary permit holder

1. If the person named in the Notice of Revocation of a Temporary Permit is subject to section 7(1) of the Act revocation is effective immediately. Otherwise, revocation of the temporary permit takes effect on the date specified in the notice. The specified date cannot be earlier than:
   1. 14 days from the date of personal service; or
   2. 21 days after the date it was posted.
2. The Notice of Revocation of a Temporary Permit informs the person named in it that they may show good cause why their permit should not be revoked. People who choose to do this must do so in writing to INZ before the date on which revocation takes effect.
3. If the person named in the Notice of Revocation of a Temporary Permit fails to:
   1. show good cause why their permit should not be revoked; or
   2. leave New Zealand;

   before the revocation takes effect then they are considered to be in New Zealand unlawfully and are liable to removal action.

D8.10.10 Action where permit holder claims good cause

1. An immigration officer different to and of equal grade or senior to the one who made the decision to revoke the temporary permit should consider the reasons why the permit holder believes their permit should not be revoked and:
   1. either inform the person in writing to disregard the Notice of Revocation; or
   2. confirm the decision to revoke the temporary permit.
2. If the revocation is set aside then the original permit will remain in force until it expires.
3. If the revocation is confirmed then the person must be informed in writing by personal service or by registered mail that action will be taken to remove them if they fail to leave New Zealand:
   1. by the date revocation becomes effective; or
   2. if this has passed, the date specified in the letter confirming revocation.

Effective 01/10/1999