New Zealand Acts

IMMIGRATION ACT 2009 - SECT 172

172 Minister may cancel or suspend liability for deportation

1 The Minister may at any time, by written notice, cancel a person’s liability for deportation.

2 The Minister may at any time, by written notice (a
"suspension notice" ), suspend a residence class visa holder's liability for deportation—

a) for a period not exceeding 5 years; and

b) subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification).

2A The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation—

a) has given good reason under section 155(2), 156(2)(b), or 157(2) why the person should not be deported; or

b) has purported to apply to the Minister for any other reason.

3 Where a person fails to comply with the conditions stated in a suspension notice,—

a) the Minister may reactivate the person's liability for deportation by causing a deportation liability notice (a
"reactivation notice" ) to be served on the person that sets out the grounds of the reactivation; and

b) subject to section 175A(4) , the person has 28 days from the date on which the reactivation notice is served to—

i) lodge an appeal with the Tribunal on the grounds specified in section 155, 156, 158, 159, 160, 161, or 162 , if the person deferred lodging an appeal under section 173A(2) ; or

ii) leave New Zealand.

4 In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under subsection (1), (2), or (3)(a).

5 The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister.

6 In the case of a person in imprisonment, the period referred to in subsection (2) commences on the date of the person’s release.

7 The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.

History: Section 172(2): amended, on 24 October 2019, by section 66(1) of the Statutes Amendment Act 2019 (2019 No 56).   Section 172(2A): inserted, on 7 May 2015, by section 47(1) of the Immigration Amendment Act 2015 (2015 No 48).     Section 172(3): amended, on 24 October 2019, by section 66(2) of the Statutes Amendment Act 2019 (2019 No 56).     Section 172(3)(a): amended, on 24 October 2019, by section 66(3) of the Statutes Amendment Act 2019 (2019 No 56).     Section 172(3)(b): replaced, on 24 October 2019, by section 66(4) of the Statutes Amendment Act 2019 (2019 No 56).