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New Zealand law explained for everyone

Immigration Act 2009

Miscellaneous provisions - Minors

375: Minors to have responsible adult to represent their interests

You could also call this:

“Minors need an adult to help with immigration matters”

If you are under 18 years old and not married or in a civil union, you need a responsible adult to represent your interests in some immigration matters. This is called being a ‘minor’ in the law.

Your parent is usually your responsible adult. If you don’t have a parent to represent you, someone else must be chosen as your responsible adult. This person will help you with things like deportation, claiming refugee status, appealing decisions, or if you are detained.

The responsible adult must be at least 20 years old. They should be a New Zealand citizen or resident, unless they are your parent or guardian. They could be your relative, someone you suggest, or another suitable person. If no one else is available, someone from Oranga Tamariki (the child protection agency) can be chosen.

The responsible adult only helps with the specific matters they were chosen for. Their job finishes when you leave New Zealand or when the matter is completed. They must give an address in New Zealand where they can receive information about your case.

If needed, a different responsible adult can be chosen to replace the first one. This might happen if the first person can’t continue in the role for some reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441190.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Family and relationships > Children and parenting
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Part 11 Miscellaneous provisions
Minors

375Minors to have responsible adult to represent their interests

  1. In any matters of the kind referred to in subsection (2) that relate to a person who is under 18 years of age and who is not married or in a civil union (in this section and sections 376 and 377 referred to as a minor),—

  2. the minor’s interests are to be represented by the minor's parent; and
    1. the parent is the responsible adult for the minor for the purposes of this section and sections 376 and 377.

      1. If a minor does not have a responsible adult to represent the minor’s interests by virtue of subsection (1), a responsible adult must be nominated in accordance with this section to represent the minor’s interests in relation to any of the following matters under this Act:

      2. the minor’s liability for deportation, and the deportation of the minor:
        1. any claim by the minor for recognition as a refugee or a protected person:
          1. any appeal or review proceedings by the minor under this Act:
            1. any detention of the minor under this Act.

              1. The responsible adult is to be nominated by the Tribunal, an immigration officer, a refugee and protection officer, or a Judge, as the case may require.

              2. A person may be nominated as a responsible adult only if—

              3. the person is 20 years of age or more; and
                1. except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or a resident or permanent resident; and
                  1. the person is—
                    1. a parent, guardian, or relative of the minor; or
                      1. a person suggested by the minor; or
                        1. any other person having responsibility for the minor or who is otherwise suitable to represent the minor’s interests; or
                          1. if no appropriate person is otherwise available under this subsection, a person designated by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; and
                          2. except in the case of a parent or guardian of the minor, the person agrees in writing to be nominated as a responsible adult.

                            1. Should the need arise, and after such consultation as is reasonable in the circumstances, a substitute responsible adult may be nominated in accordance with the requirements of this section.

                            2. The role of a responsible adult—

                            3. relates only to the matters or proceedings in relation to which he or she was nominated; and
                              1. finishes when the minor leaves New Zealand or the matter or proceedings concerned are completed, as the case may be.

                                1. A responsible adult who is representing the interests of a minor in any matter of a kind referred to in subsection (2) must supply to an immigration officer, a refugee and protection officer, or the Tribunal, as the case may require, an address in New Zealand at which any communication relating to the minor may be notified to that adult.

                                Compare
                                Notes
                                • Section 375(4)(c)(iv): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).