D2.31 Deportation liability notice (30/07/2012)

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. A 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.

Effective 30/07/2012