Immigration Act 2009

Miscellaneous provisions - Minors

376: Role and rights of responsible adult

You could also call this:

“How a responsible adult helps and speaks for young people under immigration law”

When you’re a young person under this law, you have a responsible adult who looks after your interests. This adult can do many things for you:

They can appeal decisions to the Tribunal or the High Court on your behalf. They can also start review proceedings in the High Court if needed.

The responsible adult can speak up for you at the Tribunal. They’re allowed to share their thoughts and ideas there.

If there’s a case about you in the District Court, your responsible adult can go there and speak for you.

Your responsible adult should try to understand what you think about things. If you’re old enough to have your own views, they should try to find out what those are and share them for you when it’s right to do so.

If anyone needs to give you official papers or tell you something important, they’ll give those papers or information to your responsible adult instead. When they do this, it counts as if they’ve given it to you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441192.

Topics:
Immigration and citizenship > Visas
Rights and equality > Anti-discrimination

Previous

375: Minors to have responsible adult to represent their interests, or

“Minors need an adult to help with immigration matters”


Next

377: Views of minor to be considered, or

“Immigration officials must listen to children's opinions about their situation”

Part 11 Miscellaneous provisions
Minors

376Role and rights of responsible adult

  1. The following provisions apply to any dealings under this Act with a minor who has a responsible adult to represent his or her interests:

  2. the responsible adult may, on the minor's behalf,—
    1. appeal to the Tribunal under Part 7; or
      1. appeal to the High Court under section 245; or
        1. bring review proceedings in the High Court in accordance with this Act:
        2. the responsible adult may make submissions to the Tribunal:
          1. the responsible adult may appear and be heard in any District Court proceedings under this Act relating to the minor:
            1. to the extent practicable given the level of maturity and understanding of the minor, the responsible adult must attempt to elicit the views of the minor and make them known on behalf of the minor, where appropriate:
              1. any document required to be served on or notified to the minor is instead to be served on or notified to the responsible adult, and such service or notification is deemed to be service on or notification to the minor.
                Compare