Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939649443.pdf (New Zealand)
2010/356 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 Rt Hon Sir Peter Blanchard, Administrator of the Government Order in Council At Wellington this 4th day of October 2010 Present: His Excellency the Administrator of the Government in Council Pursuant to section 472 of the Immigration Act 2009, His Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regula- tions.
Contents 1 2 3 4 Title Commencement Expiry Interpretation Page 2 2 2 2 1 r 1 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 2010/356 Part 1 Appeals to bodies established or continued under 1987 Act Residence Review Board Appeal to Residence Review Board Removal Review Authority Appeal to Removal Review Authority on humanitarian grounds Deportation Review Tribunal Appeal to Deportation Review Tribunal Refugee Status Appeals Authority Appeal to Refugee Status Appeals Authority Fees Part 2 Fees Regulations 3 4 6 7 8 Title These regulations are the Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010.
Commencement These regulations come into force at 2 am on 29 November 2010.

Expiry These regulations continue in force until 2 am on 29 November 2012, unless they are revoked earlier.

These regulations expire and are deemed to be revoked at 2 am on 29 November 2012.
Interpretation In these regulations, unless the context otherwise requires,— 1987 Act means the Immigration Act 1987 2009 Act means the Immigration Act 2009 (1) (2) 4 (1) 2 2010/356 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 Part 1 r 5 Tribunal means the Immigration and Protection Tribunal es- tablished by section 217 of the 2009 Act.
(2) Unless the context otherwise requires, any term that is defined in the 1987 Act and used, but not defined, in these regulations has the same meaning as in that Act.
Part 1 Appeals to bodies established or continued under 1987 Act Residence Review Board 5 (1) Appeal to Residence Review Board This regulation applies to an appeal to the Residence Review Board (the Board) under section 18C of the 1987 Act against a decision of a visa officer or an immigration officer to refuse to grant an application for a residence visa or a residence permit that— (a) is lodged on or after the commencement of section 404 of the 2009 Act by a person to whom section 447 of the 2009 Act applies; and the Tribunal, because of section 447(2)(b) of the 2009 Act, must determine in accordance with the relevant provisions of the 1987 Act.
(b) (2) An appeal to which this regulation applies must be— (a) made in a form approved for the purpose under section 132 of the 1987 Act (the notice of appeal); and signed by the appellant; and accompanied by the prescribed fee.
(b) (c) The appellant must ensure that, within the time period speci- fied in subclause (4), the Tribunal receives the notice of appeal and the prescribed fee at— (a) (b) the Tribunal’s address; or the Board’s postal address (which is PO Box 1809, Wel- lington); or the Board’s street address.

(c) The time period referred to in subclause (3) is 42 days after the date on which the appellant was notified under the 1987 Act of the refusal to grant the application for a residence visa or a residence permit.
(3) (4) 3 Part 1 r 6 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 2010/356 (5) A notice of appeal must be accompanied by the following de- tails: (a) (b) (c) a full and complete statement of the grounds and cir- cumstances on which the appeal is based: a current address to which communications relating to the appeal may be sent: any information, evidence, and submissions that the ap- pellant considers demonstrate fully why the appellant’s appeal should be allowed.
(6) An appeal against a refusal to grant an application for a resi- dence visa or a residence permit that related to more than 1 person must be treated as an appeal by all persons included in that application, unless the principal appellant states otherwise in the notice of appeal.
For the purposes of this regulation,— (a) (7) all references to the Board in the notice of appeal must be read as if they were references to the Tribunal, unless the context otherwise requires; and all payments of the prescribed fee referred to in sub- clause (2)(c) by cheque (made out to the Board) or by credit card transaction must be treated as if the cheque or credit card transaction was payable to the Ministry of Justice.
(b) 6 (1) Removal Review Authority Appeal to Removal Review Authority on humanitarian grounds This regulation applies to an appeal to the Removal Review Authority (the Review Authority) under section 47(1) of the 1987 Act against the requirement to leave New Zealand that— is lodged on or after the commencement of section 404 (a) of the 2009 Act by a person to whom section 447 of the 2009 Act applies; and the Tribunal, because of section 447(2)(b) of the 2009 Act, must determine in accordance with the relevant provisions of the 1987 Act.
(b) (2) An appeal to which this regulation applies must be— 4 2010/356 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 Part 1 r 6 (3) (4) (a) made in a form approved for the purpose under section 132 of the 1987 Act (the notice of appeal); and signed by the appellant; and accompanied by the prescribed fee.
(b) (c) The appellant must ensure that, within the time period speci- fied in subclause (4), the Tribunal receives the notice of appeal and the prescribed fee at— (a) (b) the Tribunal’s address; or the Review Authority’s postal address (which is PO Box 1674, Wellington); or the Review Authority’s street address.
(c) The time period referred to in subclause (3) is— (a) 42 days after the day on which the appellant became unlawfully within New Zealand; or for an appellant who, while still lawfully in New Zealand, had lodged an application under section 31 of the 1987 Act for reconsideration of a decision to decline another temporary permit, 42 days after the day on which the appellant received notification under section 31 of that Act of confirmation of the decision to decline to issue a permit.
(b) (5) A notice of appeal must be accompanied by the following de- tails: (a) (b) (c) a full and complete statement of the grounds and cir- cumstances on which the appeal is based: a current address to which communications relating to the appeal may be sent and, if different, the current resi- dential address in New Zealand for the appellant: any other information, evidence, and submissions that the appellant considers demonstrate fully why— (i) there are exceptional circumstances of a hu- manitarian nature surrounding the appellant’s situation that would make it unjust or unduly harsh for the appellant to be removed from New Zealand; and it would not in all the circumstances be contrary to the public interest to allow the appeal.
(ii) (6) An appeal to which this regulation applies— (a) may relate to— 5 Part 1 r 7 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 2010/356 (i) (ii) a principal appellant; and any of the principal appellant’s dependent chil- dren whose liability for deportation is linked or connected to that of the principal appellant and arises from the same facts or circumstances as those of the principal appellant; and (b) must be treated as an appeal by all of the persons speci- fied in the notice of appeal, unless the principal appel- lant states otherwise in that notice.
(7) 7 (1) (b) For the purposes of this regulation,— (a) all references to the Review Authority in the notice of appeal must be read as if they were references to the Tribunal, unless the context otherwise requires; and all payments of the prescribed fee referred to in sub- clause (2)(c) by cheque (made out to the Review Au- thority) or by credit card transaction must be treated as if the cheque or credit card transaction was payable to the Ministry of Justice.
Deportation Review Tribunal Appeal to Deportation Review Tribunal This regulation applies to an appeal to the Deportation Review Tribunal (the Review Tribunal) under section 20A(2), 22(1), or 104(1) of the 1987 Act that— (a) is lodged on or after the commencement of section 404 of the 2009 Act by a person to whom section 447 of the 2009 Act applies; and the Tribunal, because of section 447(2)(b) of the 2009 Act, must determine in accordance with the relevant provisions of the 1987 Act.
(b) (2) An appeal to which this regulation applies must be— (a) made in a form provided for the purpose by the chief executive referred to in clause 5(2) of Schedule 2 of the 2009 Act (the notice of appeal); and signed by the appellant.
(b) The appellant must ensure that, within the time period speci- fied in subclause (4), the Tribunal receives the notice of appeal at— (3) 6 2010/356 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 Part 1 r 8 (4) (a) (b) the Tribunal’s address; or the Review Tribunal’s postal address (which is Private Bag 32001, Panama Street, Wellington); or the Review Tribunal’s street address.
(c) The time period referred to in subclause (3) is 21 days after the appellant is served— (a) written notice of the revocation of— (i) a residence permit under section 20 of the 1987 Act; or a returning resident’s visa under section 20A of that Act; or (ii) (b) a deportation order made under section 91 or 92 of the 1987 Act.

(6) (5) A notice of appeal must specify a current address in New Zealand at which any communications relating to the appeal may be served on or supplied to the appellant.
To avoid doubt, nothing in this regulation limits the application of clause 7, 10, or 11 of Schedule 2 of the 1987 Act or of Schedule 3 of that Act to an appeal to which this regulation applies.

For the purposes of this regulation, all references to the Re- view Tribunal in the notice of appeal must be read as if they were references to the Tribunal, unless the context otherwise requires.
(7) 8 (1) Refugee Status Appeals Authority Appeal to Refugee Status Appeals Authority This regulation applies to an appeal to the Refugee Status Ap- peals Authority (the Appeals Authority) under section 129O of the 1987 Act that— (a) is lodged on or after the commencement of section 404 of the 2009 Act by a person to whom section 449 of the 2009 Act applies; and the Tribunal, because of section 449(2)(b) of the 2009 Act, must determine as if it were an appeal to the Tri- bunal under section 194(1) or 195 of the 2009 Act.
(b) (2) An appeal to which this regulation applies must be— (a) made in writing; and 7 Part 2 r 9 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 2010/356 (3) (4) signed by the appellant.

(b) The appellant must ensure that, within the time period speci- fied in subclause (4), the Tribunal receives notice of the appeal at— (a) (b) the Tribunal’s address; or the Appeals Authority’s postal address (which is PO Box 90251, Auckland); or the Appeals Authority’s street address.
(c) The time period referred to in subclause (3) is— (a) 5 working days after the appellant is notified under sec- tion 129I of the 1987 Act of the refugee status officer’s decision or any further time that may be allowed under subclause (5), if the person is detained in custody at the time of notification; or 10 working days after receiving notification of the deci- sion under that section or any further time that may be allowed under subclause (5), in any other case.
The Tribunal may extend the time for lodging an appeal if it is satisfied that special circumstances warrant an extension.

(6) A notice of appeal must be accompanied by the following de- (5) (b) tails: (a) (b) a current residential address for the appellant: a current address in New Zealand to which communi- cations relating to the appeal may be sent.
(7) (8) If an address for communications is not provided with the no- tice of appeal, the Tribunal may rely on the latest address pro- vided to the Department of Labour.

If the appellant uses a form provided for the notice of appeal, then, for the purposes of this regulation, all references to the Appeals Authority in the notice of appeal must be read as if they were references to the Tribunal, unless the context other- wise requires.
Part 2 Fees Fees 9 (1) A fee of $715.56 is payable to the Tribunal for an appeal to which regulation 5 or 6 applies.

8 2010/356 Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 Explanatory note (2) Only 1 fee is payable for an appeal to which regulation 5 or 6 applies even if it relates to more than 1 person, so long as regulation 5(6) or, as the case may be, regulation 6(6) is com- plied with.
(3) Only 1 fee is payable if any 2 persons who are married or in a civil union or de facto relationship lodge separate appeals to which regulation 6 applies, so long as the relevant notices of appeal are lodged at the same time.

Subclause (3) applies whether or not the appeals referred to in that subclause also name and include any dependent children.

The fee payable under this regulation— (a) must be paid in New Zealand dollars; and (b) includes goods and services tax.
(5) (4) Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force at 2 am on 29 November 2010, relate to appeals to appellate bodies established or continued under the Immigration Act 1987 (transitional appeals) that have not yet been lodged before the repeal of that Act by section 404 of the Immigration Act 2009.
These regulations specify the manner in which the transitional ap- peals are to be made to the Immigration and Protection Tribunal (the Tribunal), which is a specialist body established by section 217 of the Immigration Act 2009.

The Tribunal has, among other things, the role of determining the transitional appeals in accordance with the relevant provisions of the Immigration Act 1987 or, as the case may be, the Immigration Act 2009.
In prescribing the manner in which the transitional appeals are to be made, these regulations largely carry over, with minor modifications, the relevant provisions of the Immigration Act 1987, the Immigration 9 Explanatory note Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 2010/356 Regulations 1999, and the Immigration (Refugee Processing) Regu- lations 1999.
These regulations also set out the fee payable to the Tribunal for cer- tain transitional appeals and provide that a payment of the prescribed fee by cheque made out to a former appellate body or by credit card transaction is to be treated as if the cheque or credit card transaction was payable to the Ministry of Justice.

These regulations will expire, or will be deemed to have been re- voked, at 2 am on 29 November 2012.

Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 7 October 2010.

These regulations are administered by the Ministry of Justice.

12 10 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010