Immigration Act 2009

Miscellaneous provisions - Delegation of Minister's powers

380: Delegation of Minister's powers

You could also call this:

"The Minister can share some of their job powers with an immigration officer."

Illustration for Immigration Act 2009

The Minister can give some of their powers to an immigration officer. You need to know the Minister cannot delegate certain powers, such as the power to certify immigration instructions under section 22. The Minister can also not delegate the power to make special directions under certain sections, like section 50(4A). The immigration officer who gets these powers can be named or have a specific job title. The Minister can take back these powers at any time and can still use them themselves. The Minister can also add conditions to the powers they delegate. If the person with the delegated powers leaves their job, they can no longer use those powers. The delegated powers stay in effect even if the Minister who gave them is no longer in office. If an immigration officer uses a power, it is assumed they have been given that power by the Minister, unless proven otherwise. The Minister can give powers for a specific case or in general, and can restrict how those powers are used. The powers can be taken back at any time, and the Minister can still use the powers themselves. You can find more information about this in the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441198.

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Part 11Miscellaneous provisions
Delegation of Minister's powers

380Delegation of Minister's powers

  1. The Minister may, in writing, delegate to any immigration officer 1 or more of the powers conferred on the Minister by this Act, except—

  2. this power of delegation; and
    1. the power to certify immigration instructions under section 22; and
      1. the powers referred to in section 33(1) and (2) (which relate to the use of classified information); and
        1. the power to make a special direction under—
          1. section 50(4A) (in relation to conditions on resident visas):
            1. section 52 (in relation to conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)):
              1. section 53(4A) (in relation to conditions on temporary entry class visas subject to restricted temporary entry instructions):
                1. section 57 (in relation to applications for visas):
                  1. section 61B (in relation to grant of visas):
                    1. section 91A (in relation to extension of temporary entry class visas and transit visas); and
                          1. the power to make a special direction under section 69(2)(a) or (b) (which relates to waiving the requirement for classes of persons to hold a visa permitting travel to New Zealand); and
                              1. the power to make a special direction under section 86(4) in relation to transit visas; and
                                1. the power to certify under section 163(1) that a person constitutes a threat or risk to security; and
                                  1. the power to make a decision of a kind referred to in section 139 or 199 in relation to a protected person who has committed certain crimes or been guilty of certain acts.
                                    1. Repealed
                                    2. The immigration officer to whom a delegation may be made may be an officer referred to by name or the officer who for the time being holds a specified position.

                                    3. Every delegation is revocable at will, and no delegation prevents the exercise of any power by the Minister.

                                    4. A delegation may be made subject to such restrictions and conditions as the Minister thinks fit, and may be made either generally or in relation to any particular case.

                                    5. A delegation no longer applies to a person when the person leaves the Department or service or employment in respect of which the delegation was made.

                                    6. Until revoked, a delegation continues in force according to its tenor, even if the Minister who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that Minister.

                                    7. The fact that any immigration officer exercises any power of the Minister, other than a power referred to in subsection (1), is, in the absence of proof to the contrary, sufficient evidence that the officer has been authorised to do so by a delegation under this section.

                                    Compare
                                    Notes
                                    • Section 380(1)(ca): inserted, on , by section 61 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                                    • Section 380(1)(cb): repealed, on , by section 380(1A).
                                    • Section 380(1)(cc): repealed, on , by section 380(1A).
                                    • Section 380(1)(cd): repealed, on , by section 380(1A).
                                    • Section 380(1)(da): repealed, on , by section 380(1A).
                                    • Section 380(1A): repealed, on , by section 380(1A).