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Immigration Act 2009

Offences, penalties, and proceedings - Offences

353: Offences in relation to Tribunal

You could also call this:

“Rules for dealing with the Immigration and Protection Tribunal”

You can commit an offence if you don’t follow the rules when dealing with the Tribunal. If you’re asked to come to the Tribunal to give evidence or bring documents, you must do so. If you don’t, you could be breaking the law.

You must attend when summoned, take an oath if asked, answer questions truthfully, and bring any documents requested. If you don’t do these things without a good reason, you’re committing an offence.

It’s also against the law to get in the way of the Tribunal’s work. You can’t stop them from looking at papers or documents they need to see. You must follow any orders the Tribunal gives you. If you don’t, you’re breaking the law.

There’s a special rule about being summoned. If you’re asked to come to the Tribunal, they must pay you a certain amount of money. This payment should be made when you get the summons or a reasonable time before you’re supposed to attend. If they don’t pay you, you can’t be found guilty of not showing up.

Remember, the Tribunal has the power to make orders that you must follow. If you don’t follow these orders, you could be committing an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441161.

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Immigration and citizenship > Visas
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“Rules for education providers about who can study at their institution”

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Part 10 Offences, penalties, and proceedings
Offences

353Offences in relation to Tribunal

  1. Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any papers, documents, records, or things, without sufficient cause,—

  2. fails to attend in accordance with the summons; or
    1. refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer; or
      1. fails to produce any such paper, document, record, or thing.

        1. Every person commits an offence who—

        2. intentionally obstructs or hinders the Tribunal or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things under clause 10(1)(a) of Schedule 2; or
          1. without sufficient cause, fails to comply with any requirement of the Tribunal or any authorised person made under clause 10(1)(b) or (c) of Schedule 2; or
            1. without sufficient cause, contravenes or fails to comply with any order made by the Tribunal under clause 10(3) of Schedule 2 or any term or condition of the order; or
              1. breaches an order made under clause 18(4) of Schedule 2.

                1. No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which the person was required to attend, there was made to the person a payment or tender of the amount determined under clause 16 of Schedule 2.

                Compare
                Notes
                • Section 353(2)(c): replaced, on , by section 104 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 353(2)(d): inserted, on , by section 104 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).