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Immigration Act 2009

Offences, penalties, and proceedings - Evidence in proceedings

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

You could also call this:

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

When there’s a legal case about immigration, the government can use special certificates as proof. These certificates are important documents that can show different things:

If you’re wondering whether a form is official, an immigration officer can sign a certificate saying it is or isn’t approved by the head of immigration. This certificate is enough to prove if the form is real.

There’s also something called a special direction. If the Minister or an immigration officer signs a paper saying a special direction was given, or if they sign a copy of one, it’s enough to prove that the direction was real. It shows who it was for, what it was about, and when it was given.

Sometimes, you might need to know if a document had the official immigration rules on a certain date. The Minister or an immigration officer can sign a certificate to say whether it did or didn’t, and that’s enough proof.

If there’s a notice saying someone has to leave the country (that’s called a deportation liability notice) or an order to make them leave (a deportation order), a copy of this signed by the Minister or an immigration officer is enough to prove it’s real. It shows who it’s for and when it was made.

Lastly, if you need to know if a place is an official immigration area, the head of immigration can sign a certificate to say it is, and that’s enough proof.

These certificates make it easier to prove things in court or at the immigration tribunal without needing lots of other evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441178.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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366: Evidence in proceedings: certificates in relation to persons, or

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

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368: Evidence in respect of matters occurring and documents executed outside New Zealand, or

“Use of overseas evidence in Immigration Act proceedings”

Part 10 Offences, penalties, and proceedings
Evidence in proceedings

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

  1. For the purposes of any proceedings relating to any matter under this Act, whether before the Tribunal or a court,—

  2. a certificate signed by an immigration officer and containing a statement to the effect that any specified form was or was not approved and issued by the chief executive is sufficient evidence of the fact that it was or was not so approved and issued:
    1. a document purporting to be a special direction given under this Act, or a record of such a direction, or a copy of such a direction or record, and certified to be such by the Minister or an immigration officer, is sufficient evidence of the fact that such a special direction was given in respect of the person named, or the visa or document described, and on the date specified, in the document or certificate:
      1. a certificate signed by the Minister or an immigration officer and containing a statement to the effect that any specified document did or did not express immigration instructions applicable on any date or dates specified in the certificate is sufficient evidence of the fact that the document did or did not express immigration instructions applicable on that date or those dates:
        1. a document purporting to be a deportation liability notice or deportation order made under Part 6, or a copy of such a notice or order that is certified to be such by the Minister or an immigration officer, is sufficient evidence of the fact that such a deportation liability notice or deportation order was made under this Act in respect of the person named, and on the date specified, in the notice or order:
          1. a certificate signed by the chief executive stating that a particular place is or was an immigration control area is sufficient evidence of the fact that that place is or was an immigration control area.

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