New Zealand Acts

IMMIGRATION ACT 2009 - SECT 213

213 Effect of suspension

1 If a person’s liability for deportation is suspended by the Tribunal under section 212 , during the period of the suspension—

a) subsection (2), (3), or (4) applies, as the case may be; and

b) the person may not apply for a visa of a different class or type; and

c) the processing of any application made by the person for a visa of a different class or type must be suspended; and

d) subject to sections 9 and 10 of the Citizenship Act 1977 and sections 7(1)(b)(i) and 7A of the Citizenship (Western Samoa) Act 1982 , the person may not be granted citizenship on the basis of meeting a requirement (or requirements) for the grant of New Zealand citizenship that the person hold a residence class visa.

2 If the person is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the person is detained that the person's liability for deportation is suspended, and the person must be immediately released.

3 If the person is subject to residence or reporting requirements under section 315 , an immigration officer must immediately notify, in writing, the person and the person's guarantor (if applicable) that the person's liability for deportation is suspended, and the person ceases to be subject to those requirements.

4 If the person has been released on conditions under section 320 , an immigration officer must immediately notify, in writing, the person that his or her liability for deportation is suspended, and the person ceases to be subject to those conditions.

5 If the Minister determines that a person has met any conditions imposed by the Tribunal under section 212(1) for the duration of the suspension, the Minister must cancel the person's liability for deportation and notify the Tribunal accordingly.

6 If the Tribunal did not impose conditions on the person under section 212(1) and the period of suspension has expired, the Minister must cancel the person's liability for deportation and notify the person and the Tribunal accordingly.

History: Section 213(1)(d): amended, on 26 November 2024, by section 15 of the Citizenship (Western Samoa) (Restoration) Amendment Act 2024 (2024 No 48).