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Immigration Act 2009

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

371: Presumption of authority

You could also call this:

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

When someone is accused of breaking immigration laws, the court doesn’t need to check if the person who reported the problem is really allowed to do so. This means you don’t have to prove that someone is an immigration officer, a police officer, or another person with the right to report immigration issues. You also don’t need to show that these officials started the legal process. The court will assume they had the authority to do their job without asking for extra proof.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441183.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 10 Offences, penalties, and proceedings
Procedural provisions relating to offences

371Presumption of authority

  1. For the purposes of section 370(3), or any other proceedings under this Act, it is unnecessary to prove that—

  2. a person is an immigration officer, a constable, or any other authorised person; or
    1. proceedings were commenced by an immigration officer, a constable, or any other authorised person.

      Notes
      • Section 371(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).