Y4.40 Detention of minors*

Immigration Act 1987 s 141B

1. A minor* who is to be detained under section 128 or 128B of the Immigration Act 1987 must have a responsible adult to represent their interests.
2. A minor* may be detained only in exceptional circumstances, and the approval of the Market Manager, Border & Investigations, is required for any such detention.

Y4.40.1 Definition of 'minor'

Immigration Act 1987 s 141B

A minor is an unmarried, dependent child who is under 17 years of age.

Y4.40.5 Nomination of responsible adult

Immigration Act 1987 s 141B

1. If one or more of the minor's parents are also to be detained under section 128 or 128B, that parent:
   1. must represent the minor's interests; and
   2. is the responsible adult for the minor*.
2. If a minor* who is to be detained does not have a responsible adult to represent their interests, an immigration officer or, if appropriate, a Judge, must appoint one.
3. A person may be appointed as a responsible adult only if:
   1. the person is 20 or more years of age; and
   2. except in the case of a parent or guardian of the minor*, the person is a New Zealand citizen or the holder of a residence permit; and
   3. the person is any of the following:
      • a parent, guardian or relative of the minor*; or
      • a person suggested by the minor*; or
      • any other person having responsibility for the minor* or who is otherwise suitable to represent the minor's interests; or
      • if no other suitable person is available, a person designated by the Director-General of Social welfare; and
   4. (except in the case of a parent or guardian of the minor*) the person agrees in writing to be appointed as a responsible adult.
4. Should the need arise, and after reasonable consultation, a substitute responsible adult may be appointed.
5. A responsible adult who is representing the interests of the minor* in detention must supply an immigration officer with an address in New Zealand at which they may be notified of any matter concerning the minor*.

Y4.40.10 Roles and rights of responsible adult

Immigration Act 1987 ss 141B, 141C

1. The role of a responsible adult relates to those matters or proceedings for which the nomination was made.
2. The role of responsible adult finishes when the minor* leaves New Zealand.
3. The responsible adult may appear and be heard in any District Court proceedings under the Immigration Act 1987 relating to the minor*.
4. To the extent practicable given the level of maturity and understanding of the minor*, the responsible adult must try to find out the views of the minor* and make them known on behalf of the minor*, if appropriate.
5. Any document that must be served on or notified to the minor* must instead be served on or notified to the responsible adult, and such service or notification is presumed to be service on or notification to the minor*.

Y4.40.15 Views of minor* to be considered

Immigration Act 1987 s 141D

1. In any matter relating to the detention of a minor*, as far as practicable, the minor* must be given an opportunity to express their views on a matter, whether personally or through a responsible adult.
2. The immigration officer must give due weight to those views taking into account the minor's age and level of maturity and understanding.

Effective 01/10/1999