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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Exercise of certain powers and functions before commencement of certain provisions of this Act

474: Exercise of certain powers and functions before commencement of certain provisions of this Act

You could also call this:

“People can perform certain Immigration Act duties before it fully starts”

This law says that even before some parts of the Immigration Act 2009 officially start, certain people can do specific jobs. The Governor-General can appoint people to a special group called the Tribunal, make rules, and create temporary rules. The Prime Minister can choose an agency for a special task. The Minister can approve and sort immigration instructions, including temporary ones, and give some of their powers to immigration officers. The chief executive can do many things, like publish immigration instructions, give general instructions, share information with other people, approve places for holding people, set up immigration control areas, choose places outside New Zealand where people can get permission to enter, approve forms, and choose immigration officers and refugee and protection officers. The head of the Tribunal can do some tasks and agree on how things should work with the Attorney-General. The Chief Justice and Attorney-General can also agree on how things should work. An agency chosen by the Prime Minister can pick special advocates. The chief executive of a government department can arrange to share information with the Department. All these things can be done as if the law was already fully in effect, even if it isn’t yet. This doesn’t change how the Interpretation Act 1999 works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441432.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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473: Transitional immigration instructions, or

“Special rules to help switch from the old immigration law to the new one”

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475: Principal Act amended, or

“Changes to the main immigration law”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Exercise of certain powers and functions before commencement of certain provisions of this Act

474Exercise of certain powers and functions before commencement of certain provisions of this Act

  1. Despite section 2(1) of this Act, on and from the commencement of this section, the Governor-General may exercise the following powers under the following sections of this Act:

  2. to appoint members, including the chair, to the Tribunal under section 219(2) and (3):
    1. to make regulations under sections 400 to 403:
      1. to make transitional regulations under section 472.

        1. Despite section 2(1) of this Act, on and from the commencement of this section, the Prime Minister may designate an agency under section 264(1) of this Act.

        2. Despite section 2(1) of this Act, on and from the commencement of this section, the Minister may exercise or perform the following powers or functions under the following sections of this Act:

        3. to certify immigration instructions under section 22(1) and to classify them under section 23(1):
          1. to certify transitional immigration instructions under section 22(1) and to classify them under section 23(1):
            1. to delegate his or her powers to immigration officers under section 380(1).

              1. Despite section 2(1) of this Act, on and from the commencement of this section, the chief executive may exercise or perform the following powers or functions under the following sections of this Act:

              2. to publish immigration instructions under section 25(1):
                1. to give general instructions under section 26(4):
                  1. to make arrangements with the relevant persons for the disclosure or exchange of information under sections 294 to 306:
                    1. to approve premises for the purpose of detention under section 330:
                      1. to designate certain places as immigration control areas under section 382(1):
                        1. to designate under section 383 places outside New Zealand where an immigration officer may grant entry permission to a person before the person travels to New Zealand:
                          1. to approve and issue forms under section 381(1):
                            1. to designate immigration officers under section 388(1) and authorise their functions and powers under that section and section 389:
                              1. to designate refugee and protection officers under section 390(1) and, for each officer, designate whether he or she is an officer for the purposes of making decisions relying on classified information under section 33(2)(b).

                                1. Despite section 2(1) of this Act, on and from the commencement of this section, the chief executive referred to in clause 5(2) of Schedule 2 may approve and issue forms under section 381(3).

                                2. Despite section 2(1) of this Act, on and from the commencement of this section, the chair of the Tribunal may undertake 1 or more of the matters described in section 220 of this Act.

                                3. Despite section 2(1) of this Act, on and from the commencement of this section, the chair of the Tribunal and the Attorney-General may agree on any general practices and procedures that may be necessary under section 260(1)(a) of this Act.

                                4. Despite section 2(1) of this Act, on and from the commencement of this section, the Chief Justice and the Attorney-General may agree on any general practices and procedures that may be necessary under section 260(1)(b) of this Act before that section comes into force or takes effect.

                                5. Despite section 2(1) of this Act, on and from the commencement of this section, an agency designated by the Prime Minister under section 264(1) of this Act may recognise persons as special advocates.

                                6. Despite section 2(1) of this Act, on and from the commencement of this section, the chief executive of a department of State or other relevant person may make arrangements with the chief executive of the Department for the disclosure or exchange of information under sections 294 to 306 of this Act.

                                7. Subsections (1) to (10) apply as if the provision under which the power or function is exercised or performed and any other provision of this Act that relates to the provision that is not in force when the power or function is exercised or performed were in force when the power or function is exercised.

                                8. This section does not limit section 11 of the Interpretation Act 1999.