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Immigration Act 2009

Appeals, reviews, and other proceedings - Procedure for appeals and matters

229: Tribunal may require chief executive to provide information

You could also call this:

“Tribunal can ask chief executive for important appeal information”

The Tribunal can ask the chief executive to find and give them information that’s important for an appeal or matter. The chief executive has to do this as much as they can.

When the chief executive gives information to the Tribunal like this, they’re treated as if they work for the Tribunal. This is important for two laws: the Official Information Act 1982 and the Privacy Act 2020.

If you’re involved in the appeal or matter, you can’t ask the Tribunal to use this power to get information.

There’s one more thing to remember: this whole process has to follow the rules in section 35(3) of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440948.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
Rights and equality > Privacy
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228: Information Tribunal may consider, or

“The Information Tribunal can consider any information but doesn't have to seek extra evidence”

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230: Tribunal must disclose prejudicial information, or

“The Tribunal must inform you about information that could harm your case”

Part 7 Appeals, reviews, and other proceedings
Procedure for appeals and matters

229Tribunal may require chief executive to provide information

  1. The Tribunal may require the chief executive to seek and provide information relevant to an appeal or matter, and the chief executive must comply, to the extent practicable, with such a requirement.

  2. Where the chief executive provides information to the Tribunal under subsection (1), the chief executive must be treated as an agent of the Tribunal for the purposes of the Official Information Act 1982 and the Privacy Act 2020.

  3. No party to the appeal or matter may request the Tribunal to exercise its powers under this section.

  4. This section is subject to section 35(3).

Compare
Notes
  • Section 229(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).