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Immigration Act 2009

Miscellaneous provisions - Delegation of Minister's powers

380: Delegation of Minister's powers

You could also call this:

“Minister can share some powers with immigration officers”

The Minister can give some of their powers to an immigration officer by writing it down. However, they can’t give away certain powers. These include the power to give powers to others, the power to approve immigration instructions, powers related to using secret information, and some special powers about visas and security.

You can be given powers if you’re named or if you hold a certain job. The Minister can take back these powers whenever they want, and they can still use the powers themselves. The Minister can put rules on how you use the powers.

If you leave your job, you don’t have these powers anymore. The powers keep working even if the Minister who gave them to you isn’t in charge anymore. The new Minister takes over.

If an immigration officer is using the Minister’s powers (except the ones that can’t be given away), it usually means they’ve been allowed to do so, unless someone can prove otherwise.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 11 Miscellaneous 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 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): repealed, on , by section 380(1A).
                          • 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).