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Immigration Act 2009

Miscellaneous provisions - Relationship between this Act and Human Rights Act 1993

392: Relationship between this Act and Human Rights Act 1993

You could also call this:

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

The Human Rights Commission can do all its jobs when it comes to immigration matters. This includes making public statements, listening to people’s views, looking into issues that might affect human rights, and telling the Prime Minister about human rights matters.

However, there are some things that can’t be done under the Human Rights Act when it comes to immigration. You can’t make a complaint about what’s in the Immigration Act or the rules made under it. You also can’t complain about immigration instructions.

The Human Rights Commission isn’t allowed to start legal proceedings or get involved in court cases about these immigration matters.

This law recognises that immigration naturally involves treating people differently based on their personal characteristics.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441222.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Anti-discrimination
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391: Revocation or lapsing of designations, or

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

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393: Fees and how they may be prescribed for purposes of section 400, or

“How fees are set and charged for immigration services”

Part 11 Miscellaneous provisions
Relationship between this Act and Human Rights Act 1993

392Relationship between this Act and Human Rights Act 1993

  1. The Human Rights Commission may perform, in relation to immigration matters, all of its functions (as described in section 5 of the Human Rights Act 1993), including—

  2. making public statements in relation to any matter affecting human rights:
    1. receiving and inviting representations from members of the public on any matter affecting human rights:
      1. inquiring generally into any matter, practice, or procedure if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
        1. reporting to the Prime Minister on any matter affecting human rights.

          1. However, despite anything in the Human Rights Act 1993,—

          2. no complaint may be made under that Act in respect of—
            1. the content or application of this Act or any regulations made under this Act; or
              1. the content or application of any immigration instructions made in accordance with section 22:
              2. the Human Rights Commission may not, in relation to any matter referred to in paragraph (a),—
                1. bring any proceedings of a kind referred to in section 5(2)(i) of the Human Rights Act 1993; or
                  1. exercise in relation to any proceedings the powers conferred by section 5(2)(j) of that Act (which relates to applications to a court or tribunal to be appointed as intervener or counsel, or taking part in proceedings in any other way).

                  2. This section recognises that immigration matters inherently involve different treatment on the basis of personal characteristics.

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