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10: Meaning of deported
or “What it means to be deported from New Zealand”
You could also call this:

“Explaining when decision makers don't have to consider or explain immigration decisions”

When a law says a decision maker has ‘absolute discretion’, it means you can’t ask them to make a decision. If you try to ask anyway, they don’t have to look at your request. They don’t need to check your situation or anyone else’s. They don’t have to look into any information you give them.

If the decision maker does look at your request, they don’t have to tell you why they decided what they did. The only reason they need to give is that this law applies. You can’t ask to see any personal information about why they made their decision. Some other laws that usually let you get information don’t apply in this case.

These rules about not giving reasons for decisions apply to any requests made in the past or future.

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Next up: 11A: Transitional, savings, and related provisions

or “Rules for managing changes in immigration law”
Next

Part 1 Preliminary provisions

11Meaning of absolute discretion of the decision maker

  1. If a provision of this Act provides that a matter or decision is in the absolute discretion of the decision maker concerned, it means that—

  2. the matter or decision may not be applied for; and
    1. if a person purports to apply for the matter or decision, there is no obligation on the decision maker to—
      1. consider the purported application; or
        1. inquire into the circumstances of the person or any other person; or
          1. make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and
          2. whether the purported application is considered or not,—
            1. the decision maker is not obliged to give reasons for any decision relating to the purported application, other than the reason that this section applies; and
              1. privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application; and
                1. section 27 of this Act and section 23 of the Official Information Act 1982 do not apply in respect of the purported application.

                2. Subsection (1)(c)(ia) applies to any decision made in relation to a purported application, whether the decision was made before or after the commencement of that subsection.

                Compare
                Notes
                • Section 11(1)(c)(ia): inserted, on , by section 9(1) of the Immigration Amendment Act 2015 (2015 No 48).
                • Section 11(1)(c)(ia): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                • Section 11(2): inserted, on , by section 9(2) of the Immigration Amendment Act 2015 (2015 No 48).