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Immigration Act 2009

Offences, penalties, and proceedings - Evidence in proceedings

369: Presumption that certificates duly authorised

You could also call this:

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

If someone signs a certificate under section 366 or section 367, you can assume they are allowed to sign it. This is true unless someone can prove otherwise. This means you don’t have to check if the person who signed the certificate had the right to do so. You can trust that they did, unless there’s evidence that shows they didn’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441180.

Topics:
Immigration and citizenship > Border control
Government and voting > Government departments
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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”

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370: Procedural provisions relating to offences, or

“Rules about who can start a case for immigration offences”

Part 10 Offences, penalties, and proceedings
Evidence in proceedings

369Presumption that certificates duly authorised

  1. Every person signing a certificate under section 366 or 367 must, in the absence of proof to the contrary, be presumed to be duly authorised to sign the certificate.

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