Section 175 — Immigration Act 2009: When deportation order may be served
Text of the provision Official document
175 When deportation order may be served (1) An immigration officer or a constable may serve a deportation order on a person,— (a) where the person has been served with a deportation liability notice that does not give the person 14 days to give good reason why deportation should not proceed, and the person has no right of appeal against liability for deportation, as soon as the person has been served with the notice: (b) where the person has been served with a deportation liability notice that allows the person 14 days from the date of service to give good reason why deportation should not proceed, and the person has no right of appeal against deportation, on or after the earlier of,— (i) if the person does not provide submissions as to good reason why deportation should not proceed, 15 days from the date of service; or (ii) if the person purports to give good reason, and the person to whom the reason is provided determines that deportation should continue, the day after the person is notified of that determination: (c) where the person has a right to appeal under this Act against liability for deportation, on or after— (i) the expiry of the period for lodging such an appeal, where the person has not lodged such an appeal: (ii) the day after the appeal is withdrawn, if the person withdraws an appeal to the Tribunal: (iii) the day that is 28 days after the Tribunal determines an appeal against deportation, where the person lodged such an appeal and the liability for deportation was upheld (but subject to subparagraph (iv)): (iv) where the person has lodged an appeal to the High Court under section 245 ,— (A) if the appeal is withdrawn, the day after the withdrawal: (B) if the liability for deportation is upheld, the day after the date on which the person was notified of the determination of the appeal: (d) in the case of a person in respect of whom an order is made under section 163 , as soon as that order is made: (e) in the case of a person who has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) or 212(1) , the later of— (i) 28 days after service of a deportation liability notice on the person under section 172(3) or 212(3)(a) , as the case may be; and (ii) any applicable day determined under paragraph (c): (f) if the person was the holder of a limited visa and paragraph (a) does not apply, as soon as the visa expires. (2) A deportation order may be served on a person— (a) inside New Zealand or, if the person still holds a visa, outside New Zealand; and (b) by personal service by an immigration officer (or by another person on behalf of an immigration officer) or by registered post addressed to the person's New Zealand address or an address supplied under section 57(2) . (3) A person may be served with a deportation order earlier than otherwise allowed under subsection (1) if the person so requests.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →