The purpose of these procedures are to ensure that prisoners who are subject to removal and deportation orders are managed accordingly to the relevant legislation.
Removal and deportation criteria
- These procedures relate to prisoners who are subject to either a removal or deportation order.
R.05.01 Procedures relating prisoners with removal / deportation orders
- Prison staff will co-operate with NZ Immigration Service concerning a prisoner's departure from New Zealand by removal or deportation, and will keep the prisoner informed of the arrangements.
- NZ Immigration Service is to have access to a prisoner as required.
- When requested by the NZ Immigration Service for a prisoner's FRD/SRD for the purpose of executing a removal order, the NZ Immigration Service should be informed of the nearest preceding release day (i.e. Monday / Tuesday / Wednesday).
- Where the prisoner has a family member in New Zealand, the family member is kept informed of deportation or removal arrangements, subject to the prisoner's consent.
- Where there is a change in a prisoner's temporary release and final release / statutory release eligibility the NZ Immigration Service is to be advised immediately.
- NZ Immigration Service is consulted when applications for temporary releases are considered.
- Prisoners are advised of possible departure arrangements made, as soon as they are finalised.
- All contact with the prisoner, the prisoner's family and the NZ Immigration Service is documented and filed on the prisoner's prison file.
R.05.02 Execution of removal orders
- Removal orders are made by the Chief Executive of the Department of Labour, or an authorised Immigration Officer under Part II of the Immigration Act 1987 and:
- relate to someone who is unlawfully in New Zealand
- requires the prisoner subject to the order to leave New Zealand
- cannot be executed while a prisoner is still serving his / her sentence of imprisonment in prison
- is not sufficient to justify the holding of a prisoner past their release date, and if a removal order is not executed then the prisoner must be released from custody.
- Execution of a removal order for those serving a sentence of imprisonment can only take place on, or after, the date of the prisoner's proposed release from the prison (whether on parole or the date the prisoner commences home detention).
- A removal order does not affect the prisoner's sentence i.e.: there is no ability to execute a removal order prior to the date the offender would otherwise be released.
- On the date a prisoner is due to be released or commence home detention, the prison manager may be required, by any member of the Police who indicates an intention to execute the removal order, to release the individual into the custody of the Police.
- When the Final Release Date / Statutory Release Date falls on a non-release day and the prisoner is due for release on the nearest preceding release day in accordance with section 52(1) of the Parole Act 2002, he / she must be released on that release day if the removal order is not executed.
R.05.03 Execution of deportation orders
- Deportation orders, are issued under Part III and Part IV of the Immigration Act 1987 by the Minister of Immigration or the Governor General and are issued when:
- non-New Zealand citizens are threatening national security, or are suspected terrorists; or
- persons of a certain immigration status are convicted of certain criminal offences
- these orders can be executed during the term of a prisoner's sentence.
- Where deportation has been ordered, and the offender is subject to a sentence of imprisonment, the Minister of Immigration may by notice in writing to the prison manager order that the person be released into the custody of the Police, for the purpose of deportation, subject but not limited to:
- a copy of the order being served on the prisoner
- their appeal period against the order having expired, or
- any such appeal having been determined and the deportation order not quashed.
- The Chief Executive of the Department of Corrections may, by notice in writing to the prison manager, order the release of a prisoner who is subject to a deportation order into the custody of the Police for the purpose of deportation in the last 28 days preceding the prisoner's Final Release Date / Statutory Release Date (s55 (6) of the Parole Act 2002).
- The prisoner's sentence continues to run while the prisoner is deported, and if they return to New Zealand before the sentence expiry date, they will be liable to resume serving it (s55 (8) of the Parole Act 2002).