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Immigration Act 2009

Miscellaneous provisions - Immigration officers and refugee and protection officers

391: Revocation or lapsing of designations

You could also call this:

“How the chief executive can appoint and remove immigration roles and powers”

The chief executive can choose someone to be an immigration officer, a refugee and protection officer, or for any other job under this law. They can also take away this choice at any time by writing it down.

The chief executive can also let an immigration officer do certain tasks. They can take away this permission at any time by writing it down.

When the chief executive chooses someone for a job or lets them do certain tasks, it stays in effect until they change their mind. Even if a new chief executive takes over, the choices made by the old one still count. The chief executive can add rules or limits to these choices by writing them down.

If you leave your job at the Department or the service you were chosen for, you are no longer chosen for that role.

If you are no longer chosen for a role or if the choice is taken away, you must give back your official papers to the chief executive right away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441220.

Topics:
Government and voting > Government departments
Immigration and citizenship > Border control
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390: Designation of refugee and protection officers, or

“Chief executive can appoint refugee and protection officers with specific powers”

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392: Relationship between this Act and Human Rights Act 1993, or

“How this Act works with human rights laws for immigration matters”

Part 11 Miscellaneous provisions
Immigration officers and refugee and protection officers

391Revocation or lapsing of designations

  1. Every designation by the chief executive of a person as an immigration officer or a refugee and protection officer, or for any other purpose under this Act, is revocable in writing at will.

  2. Every authorisation of an immigration officer to exercise a power or perform a function is revocable in writing at will.

  3. Any such designation or authorisation—

  4. continues in force according to its tenor until it is revoked, even if the chief executive who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive:
    1. is subject to such restrictions or conditions as the chief executive specifies in writing in the warrant of designation.

      1. A designation lapses when the person leaves the Department or the service or employment in respect of which the person was designated.

      2. A person whose designation has lapsed or been revoked must immediately surrender the warrant of designation to the chief executive.

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