Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Offences, penalties, and proceedings - Evidence in proceedings

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

You could also call this:

“Use of overseas evidence in Immigration Act proceedings”

When you’re involved in legal proceedings under the Immigration Act, the people in charge can decide to accept evidence that might not normally be allowed in court. This includes statements, documents, or information about things that happened or papers that were signed outside of New Zealand. They can do this if they think it’s fair and right.

If there’s a special certificate that talks about certain things, and someone wants to argue against what the certificate says, they can provide their own statements, documents, or information. The people running the proceedings can look at this evidence even if it wouldn’t usually be allowed in court.

When the people in charge of the proceedings accept these kinds of evidence, they get to decide how believable or important that evidence is. They can choose how much weight to give to the statements, documents, or information when making their decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441179.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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367: Evidence in proceedings: certificates as to forms, documents, etc, or

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

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369: Presumption that certificates duly authorised, or

“Certificates are assumed to be properly signed unless proven otherwise”

Part 10 Offences, penalties, and proceedings
Evidence in proceedings

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

  1. The court, Tribunal, or other person or body conducting or in charge of any proceedings under this Act may, if it considers it fair and equitable to do so, receive as evidence any statement, document, or information tendered in respect of a document executed outside New Zealand, whether or not it would be normally admissible in a court of law.

  2. Where a certificate under section 366 contains a statement as to any matter specified in section 366(2)(15) or (3), the court, Tribunal, or other person or body conducting or in charge of the proceedings may receive as evidence any statement, document, or information tendered by or on behalf of the person named in the certificate in rebuttal of that statement, whether or not it would be otherwise admissible in a court of law.

  3. Where a statement, document, or information is received as evidence under subsection (1) or (2), the court, Tribunal, or other person or body conducting or in charge of the proceedings may determine the credibility or weight (if any) to be given in the proceedings to the document, statement, or information concerned.

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