Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Offences, penalties, and proceedings - Evidence in proceedings

366: Evidence in proceedings: certificates in relation to persons

You could also call this:

“Certificates from immigration officers serve as evidence in immigration proceedings”

When someone is dealing with immigration matters in court or at the Tribunal, an immigration officer or a refugee and protection officer can give a signed certificate about a person. This certificate can say many things about the person, such as whether they are a New Zealand citizen, if they have a visa, or if they’ve been deported. The certificate is considered proof of what it says unless someone can show it’s not true.

The certificate can also say things like whether the person has claimed to be a refugee, if they’ve been recognised as one, or if they’ve asked to be protected in New Zealand. It can also mention if the person has used fake documents or given false information to get a visa.

The certificate can even talk about things that happened in other countries. For example, it might say if the person’s fingerprints match ones taken in another country, if they’ve been given citizenship somewhere else, or if they’ve been deported from another country.

Unless someone can prove the certificate is wrong, the court or Tribunal will believe what it says. This helps make decisions about immigration matters easier and faster.

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 It might be out of date or be missing some parts.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=DLM1441177.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
Previous

365B: How infringement notice may be served: employers, or

“How employers can receive immigration infringement notices”

Next

367: Evidence in proceedings: certificates as to forms, documents, etc, or

“Official certificates prove immigration documents and decisions in legal cases”

Part 10 Offences, penalties, and proceedings
Evidence in proceedings

366Evidence in proceedings: certificates in relation to persons

  1. In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer or a refugee and protection officer and containing a statement in relation to any person to the effect of all or any of the matters described in subsection (2) or (3) is deemed to be proof of the truth of the statement, in the absence of proof to the contrary established on the balance of probabilities.

  2. A certificate under this section may, in relation to a person, state that—

  3. the person is not a New Zealand citizen; or
    1. the person holds or at any material time held, or does not hold or did not at any material time hold, a visa; or
      1. any visa granted to the person was granted for a specified period or on or until a specified date, or until the occurrence of a specified event, or was granted for an express purpose, or is or was subject to specified conditions; or
        1. the person is or was at any material time, or is not or was not at any material time, the subject of a visa waiver; or
          1. the person, or any visa or other document relating to or held by the person, is not, or was not at any material time, the subject of a special direction given under this Act; or
            1. the person was or was not, at any material time, granted entry permission; or
              1. an invitation to apply for a visa was or was not issued to the person, or was or was not revoked (including the date of issue or revocation, where appropriate); or
                1. a decision whether to grant any visa has been made; or
                  1. an immigration officer or a refugee and protection officer was or was not satisfied as to any relevant specified matter; or
                    1. a particular stage of processing an application had or had not been reached; or
                      1. an automated electronic system was or was not applying criteria predetermined in accordance with immigration instructions or by the chief executive; or
                        1. the result of the process described in paragraph (11) was or was not applied as the basis for a decision; or
                          1. the person was served with a deportation liability notice on a specified date, or was deported from New Zealand on a specified date, or that there is or was, at any material time, a deportation order in force in respect of that person; or
                            1. the person was removed from New Zealand on a specified date; or
                              1. the person was, at a specified time or for a specified period, liable for deportation; or
                                1. for the purpose of obtaining any visa, the person while outside New Zealand made any statement or supplied any information to an immigration officer that was false or misleading in any material respect, or produced or surrendered to an immigration officer any passport or certificate of identity or other document that was forged or obtained fraudulently; or
                                  1. the person produced or surrendered to an immigration officer, while in New Zealand, any passport, certificate of identity, or other document that was forged or obtained fraudulently or that contained any evidence of a visa that was forged or so obtained, for the purpose of—
                                    1. obtaining a visa; or
                                      1. obtaining any variation, cancellation, or waiver of the conditions of any visa; or
                                        1. claiming any visa waiver; or
                                          1. supporting any appeal against deportation from New Zealand; or
                                          2. the person is or is not in New Zealand, or has or has not left New Zealand, or was or was not in New Zealand, or had or had not left New Zealand at any particular time or for or during any particular period; or
                                            1. the person has or has not lodged an appeal under any stated provision of Part 7; or
                                              1. a certain document or application was received by an immigration officer or a refugee and protection officer on a certain date; or
                                                1. the person is or is not an excluded person; or
                                                  1. the person travelled to New Zealand on a certain commercial craft at a certain time; or
                                                    1. the person did or did not travel to New Zealand before a decision was made by the chief executive under section 97(1); or
                                                      1. the person did or did not travel from New Zealand before a decision was made by the chief executive under section 97A(1); or
                                                        1. the person travelled to New Zealand contrary to a decision made by the chief executive under section 97(1)(b) or (c); or
                                                          1. the person travelled from New Zealand contrary to a decision made by the chief executive under section 97A(1)(b) or (c); or
                                                            1. the person did not provide, or otherwise make available, to the chief executive the information prescribed for the purposes of section 102(2); or
                                                              1. the person has or has not, at any material time,—
                                                                1. claimed to be a refugee in New Zealand or elsewhere; or
                                                                  1. been recognised as a refugee in New Zealand or elsewhere; or
                                                                    1. claimed recognition as a protected person in New Zealand; or
                                                                      1. been recognised as a protected person in New Zealand; or
                                                                        1. in a country other than New Zealand, claimed recognition as, or been recognised as, a person in need of protection under the Convention Against Torture or the Covenant on Civil and Political Rights; or
                                                                        2. the person, while in New Zealand, produced or surrendered to an immigration officer or a refugee and protection officer any passport, certificate of identity, or other document that was forged or obtained fraudulently; or
                                                                          1. a matter is or is not before a refugee and protection officer under section 143, 145, or 146; or
                                                                            1. a matter is or is not before the Tribunal under section 144 or 147.

                                                                              1. A certificate under this section may, in relation to a person, state that—

                                                                              2. fingerprints matching the person’s fingerprints were obtained under a particular name in a particular country; or
                                                                                1. the person has or has not been granted any particular immigration status (including any particular type of visa) or citizenship under a particular name in a particular country; or
                                                                                  1. the person has or has not been recognised as a refugee or a protected person under a particular name in a particular country; or
                                                                                    1. the person has or has not been deported from a particular country under a particular name; or
                                                                                      1. the person has or has not been issued with a passport, certificate of identity, or other document under a particular name in a particular country; or
                                                                                        1. the person has or has not been convicted of, charged with, or under investigation for an offence under a particular name in a particular country; or
                                                                                          1. the person has or has not been awarded a particular qualification under a particular name in a particular country; or
                                                                                            1. the person was or was not employed in a particular position (by a particular employer if appropriate) under a particular name in a particular country.

                                                                                              Compare
                                                                                              Notes
                                                                                              • Section 366(2)(13A): inserted, on , by section 93(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                                                                              • Section 366(2)(22A): inserted, on , by section 278(1) of the Intelligence and Security Act 2017 (2017 No 10).
                                                                                              • Section 366(2)(23A): inserted, on , by section 278(2) of the Intelligence and Security Act 2017 (2017 No 10).
                                                                                              • Section 366(2)(24): replaced, on , by section 93(2) of the Immigration Amendment Act 2015 (2015 No 48).