Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Offences, penalties, and proceedings - Procedural provisions relating to offences

370: Procedural provisions relating to offences

You could also call this:

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

If someone breaks the rules in this law, only certain people can start a case against them. These people are:

  1. Immigration officers
  2. Police officers (also called constables)
  3. Anyone else the Minister gives special permission to

These are the only people who can begin a case if someone doesn’t follow the rules in this law or any of the rules made because of this law. This helps make sure that only the right people can start these kinds of cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441182.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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369: Presumption that certificates duly authorised, or

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

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371: Presumption of authority, or

“Officials reporting immigration offences are assumed to have proper authority”

Part 10 Offences, penalties, and proceedings
Procedural provisions relating to offences

370Procedural provisions relating to offences

  1. Repealed

  2. Repealed

  3. Only an immigration officer, a constable, or some other person authorised for the purpose by the Minister, may commence a proceeding for an offence against this Act or any regulations made under it.

Compare
Notes
  • Section 370(1): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 370(2): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 370(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).