D4.10 Making and serving a removal order

Immigration Act 1987 ss54, 56

1. A removal order can only be made by certain designated immigration officers who have not been previously involved at any time in determining an application for a permit made by the subject of the order.
2. If the subject of the removal order has any dependent children who are unlawfully in New Zealand, the names of any such children may be included in the removal order.
3. A removal order must only be served where the identity and immigration status of the person named in the removal order has been established.
4. A removal order must only be served on the person named in it by personal service.
5. Removal orders may be served:
   1. (at residences) only between the hours of 7.00 am and 9.00 pm so long as the time of service is reasonable in the circumstances, and
   2. (at workplaces) at any time that the workplace is in operation so long as the time of service is reasonable in the circumstances. Weekend visits are permitted within the working hours of the business, and
   3. (at workplaces which are also residential premises) between the hours of 7.00am and 9.00 pm. Visits outside of these hours to locations which are both residential and business premises may only be made where approval has been sought and obtained from the Office of the Minister of Immigration.
6. While only certain designated immigration officers may make a removal order, any warranted immigration officer or member of the Police may serve a removal order.

If the subject of the removal order is a minor the order must be served on the nominated responsible adult (see D5.15).

Effective 01/07/2001