Section 397 — Immigration Act 2009: Refund or forfeiture of bond

397 Refund or forfeiture of bond (1) The Minister or an immigration officer may cause a bond imposed under this Act to be forfeited. (2) Forfeiture of a bond is at the discretion of the Minister or an immigration officer, who must exercise the discretion by taking into account— (a) the reason the bond was imposed; and (b) the extent to which the conditions of the bond have been met or breached; and (c) any explanation given as to the breach of the bond conditions; and (d) the estimated cost to the Crown of the breach. (3) A person who is eligible for the refund of a bond must apply for the refund within 12 months of the bond becoming refundable, or the bond is forfeit to the Crown. (4) A bond paid must be held in trust by the Department until refunded or forfeited. (5) No interest is payable on a bond to the person who paid it. The chief executive may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into a Crown Bank Account. (6) In the case of a bond imposed in relation to a temporary entry class visa, no refund may be made until the person in question either is no longer in New Zealand or is granted a residence class visa. (7) A refund of a bond must be paid either to the person who paid it or to a person authorised by that person to receive it. (8) If all or any part of a bond is forfeited, the Department must pay the amount forfeited into a Crown Bank Account. (9) No bond may be imposed on any claimant for any matter relating to recognition as a refugee or a protected person, and any bond imposed upon a person before that person became a claimant must be refunded if the person is subsequently recognised as a refugee or a protected person. Compare: 1987 No 74 s 148B