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Immigration Advisers Licensing Act 2007

Amendments to other Acts

Schedule : Provisions applying in relation to Tribunal

You could also call this:

“Rules for the Immigration Advisers Licensing Tribunal and how it works”

You need to know about the rules for the Immigration Advisers Licensing Tribunal. The Tribunal members must swear an oath before starting their job. They are appointed for up to 5 years and can be reappointed. If a member’s term ends, they can keep working until they are replaced or told they won’t be reappointed.

The Tribunal can ask people to come and give evidence. They can also use phone or video to hear cases. The Tribunal must write down their decisions and explain why they made them. The Tribunal and its members can’t be sued for doing their job unless they act in bad faith.

The Tribunal’s decisions are usually published online, but some information might be kept private if there’s a good reason. This helps people understand how the Tribunal works and what to expect if they have a case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407619.

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Immigration and citizenship > Visas
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Provisions applying in relation to Tribunal Empowered by s 43

1Oath of office

  1. Each member of the Tribunal must, before entering on the performance of his or her functions as a member of the Tribunal, swear or affirm before a Judge of the High Court that he or she will faithfully and impartially perform his or her duties as a member of the Tribunal.

2Term of office

  1. Every member of the Tribunal is to be appointed for a term of up to 5 years.

  2. A member of the Tribunal is eligible for reappointment from time to time.

  3. Where the term of office of a member of the Tribunal has expired, that member, unless he or she sooner dies or vacates office under clause 3, continues to hold office, by virtue of the appointment for the term that has expired, until—

  4. that member is reappointed; or
    1. a successor to that member is appointed; or
      1. that member is informed in writing by the Minister of Justice, acting in consultation with the Minister, that he or she is not to be reappointed and is not to hold office until a successor is appointed.

        1. A member who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—

        2. completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
          1. hearing any other proceedings.

            1. A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

            Notes
            • Schedule clause 2(1): amended, on , by section 114(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule clause 2(4): inserted, on , by section 114(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule clause 2(5): inserted, on , by section 114(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            3Vacation of office

            1. A member of the Tribunal may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

            2. A member of the Tribunal is deemed to have vacated his or her office if he or she is, under the Insolvency Act 1967, adjudged bankrupt.

            3. A member of the Tribunal may at any time resign his or her office by giving notice in writing to that effect to the Minister.

            3AAppointment of temporary acting chair or member

            1. If the chair or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chair or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister of Justice acting in consultation with the Minister, may appoint a suitable person as the acting chair or an acting member for the period or purpose stated in the appointment.

            2. No person may be appointed as the acting chair or an acting member unless he or she is eligible for appointment to the relevant position.

            3. The acting chair or acting member is, while acting in the position, to be treated as the chair or a member of the Tribunal.

            4. No appointment of an acting chair or acting member, no act done by an acting chair or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

            Notes
            • Schedule clause 3A: inserted, on , by section 114(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            4Remuneration

            1. The chair and other members of the Tribunal are to be paid, out of public money, remuneration by way of fees, salary, or allowances and travelling allowances in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the chair or any other member were a member of a statutory board within the meaning of that Act.

            5Members of Tribunal

            1. No person holding office as a member of the Tribunal is deemed by reason of his or her holding of that office to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 or in the State services for the purposes of the Public Service Act 2020.

            Notes
            • Schedule clause 5: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

            6Witness summons

            1. For the purposes of any matter before the Tribunal, the Tribunal may, on its own initiative or at the request of a party, issue a summons to any person requiring that person to attend before the Tribunal and give evidence.

            2. The summons must be in a form approved by the chief executive of the Ministry of Justice after consultation with the chair of the Tribunal, and may require the person to produce before the Tribunal any books, papers, documents, records, or things in that person's possession or under that person's control in any way relating to the matter.

            3. The power to issue a summons under this clause may be exercised by the Tribunal or the chair of the Tribunal or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or the chair of the Tribunal.

            Notes
            • Schedule clause 6(1): replaced, on , by section 114(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule clause 6(2): amended, on , by section 114(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule clause 6(3): amended, on , by section 114(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule clause 6(3): amended, on , by section 114(7) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            7Witnesses' expenses

            1. Every person attending the Tribunal on a summons, and every other person giving evidence before the Tribunal, is entitled, subject to subclause (2), to be paid, by the party calling that person, witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

            2. The Tribunal may disallow the whole or any part of any sum payable under subclause (1).

            Notes
            • Schedule clause 7(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

            8Power to take evidence

            1. The Tribunal may take evidence on oath or affirmation and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath or affirmation.

            2. The Tribunal may require that any documents or information be verified by oath, affirmation, statutory declaration, affidavit, or another means.

            3. On any charge of perjury, it is sufficient to prove that the oath or affirmation was administered, or the documents or information were verified, in accordance with this clause.

            Notes
            • Schedule clause 8: replaced, on , by section 114(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            8AUse of electronic facilities to hear matters

            1. The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the chair of the Tribunal considers it appropriate and the necessary facilities are available.

            Notes
            • Schedule clause 8A: inserted, on , by section 114(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            8BDecisions to be in writing and state reasons

            1. Every decision of the Tribunal must be in writing and must state the reasons for the decision.

            Notes
            • Schedule clause 8B: inserted, on , by section 114(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            9Protection and privileges of witnesses

            1. Every person has the same privileges in relation to—

            2. the giving of information to the Tribunal; and
              1. the giving of evidence to, or the answering of questions put by, the Tribunal; and
                1. the production of papers, documents, records, or things to the Tribunal,—
                    1. as witnesses have in a court of law.

                  10Tribunal and members, etc, not personally liable

                  1. Neither the Tribunal, nor any member, officer, or agent of the Tribunal, is under any criminal or civil liability in respect of—

                  2. any act done or omitted to be done in the course of performing or exercising any of their functions, duties, or powers under this Act or any regulations made under this Act; or
                    1. any words spoken or written at, for the purposes of, the hearing or any inquiry or other proceedings under this Act or any regulations made under this Act; or
                      1. anything contained in any notice given under this Act or any regulations made under this Act,—
                          1. unless the Tribunal or person has acted in bad faith.

                        Notes
                        • Schedule clause 10(a): amended, on , by section 114(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Schedule clause 10(b): amended, on , by section 114(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Schedule clause 10(c): amended, on , by section 114(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                        11Tribunal to have seal

                        1. The Tribunal must have a seal, which must be judicially noticed in all courts and for all purposes.

                        12Practice notes

                        1. The chair of the Tribunal may issue practice notes as he or she thinks fit.

                        2. The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.

                        Notes
                        • Schedule clause 12: inserted, on , by section 114(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                        13Online publication of information about procedures, time frames, and progress of decisions

                        1. The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

                        2. information about the purpose of the Tribunal and how to commence proceedings:
                          1. any requirements that must be met to bring proceedings:
                            1. guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.

                              Notes
                              • Schedule clause 13: inserted, on , by section 114(11) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                              14Online publication of final written decisions

                              1. Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

                              2. A final written decision may be published in part if there is good reason for not publishing the full decision.

                              3. Subclauses (1) and (2) are subject to section 50A.

                              4. Good reason not to publish a decision, or part of it, includes the following:

                              5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
                                1. the decision falls into a category of decisions that are of limited public value:
                                  1. taking into account the presumption in subclause (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.

                                    1. In this clause, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:

                                    2. a written reserved decision following an oral hearing:
                                      1. a written decision in any case considered on the papers.

                                        Notes
                                        • Schedule clause 14: inserted, on , by section 114(11) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).