D3.70 When a temporary entry class visa holder gives reasons why deportation should not proceed

See also Immigration Act 2009 ss 155, 156, 157

1. If a temporary entry class visa holder has the right to give good reason as to why his or her deportation should not proceed, and wishes to exercise that right, this should be done in writing, by the person or their authorised representative, to the address given in the deportation liability notice. Any such written submission must be received by Immigration New Zealand within 14 calendar days of the date of service of the deportation liability notice.
2. In their written submission, the person should:
   1. give an address for communication, and
   2. set out all the circumstances they would like taken into account.
3. An immigration officer is not obliged to seek further information from the person or any other source when considering the written submission.
4. If a person makes a written submission about the reasons why deportation should not proceed, this submission must be taken into account when considering whether to cancel the person’s liability for deportation. This consideration must be done by a different immigration officer than the immigration officer who served the deportation liability notice. The officer must also take into account the objective of Compliance instructions (see D1).
5. The person will be notified in writing about the officer’s decision whether or not to cancel deportation liability as soon as reasonably practicable. The officer will be mindful of the period for a person to make an appeal on humanitarian grounds to the Immigration and Protection Tribunal (where applicable).
6. The officer must inform the person:
   1. that any written submissions put forward by the person were taken into account; and
   2. whether or not the decision that the person is liable for deportation has changed.
7. Nothing prevents a person with appeal rights from lodging an appeal with the Immigration and Protection Tribunal against their liability for deportation before providing a written submission to Immigration New Zealand or following the provision of a written submission but before Immigration New Zealand’s decision is made. It is the person’s responsibility to ensure that such an appeal to the Immigration and Protection Tribunal is submitted within time (as specified in their deportation liability notice). The period for doing so will not be affected by the fact they have made a written submission to Immigration New Zealand about not proceeding with deportation

Effective 30/07/2012