D5.1 Nomination of responsible adult

Immigration Act 1987 s 141B

1. If a minor* and one or more of their parents are:
   1. the subject of the making, serving and execution of a removal order or deportation order; or
   2. the subject of the revocation of a permit; or
   3. the subject of an appeal; or
   4. are in detention,

   the parent must represent the minor's* interests and the parent is the person who is the responsible adult for the minor*.

2. If a minor* does not have a parent to act as a responsible adult to represent their interests, a responsible adult must be nominated to represent their interests in relation to any removal, deportation or revocation.
3. An immigration officer or Judge must nominate the responsible adult. The person nominated should be a family member who is prepared to take on the role of responsible adult, or, if a family member is not available or prepared to take on this role, the responsible adult should be nominated in consultation with the Children, Young Persons and their Families Service (CYPFS).
4. A person may be nominated as a responsible adult only if:
   1. the person is 20 or older; 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 nominated as a responsible adult.
5. Should the need arise, and after reasonable consultation, a substitute responsible adult may be nominated.
6. A responsible adult who is representing the interests of the minor* must supply an immigration officer with an address in New Zealand at which they may be notified of any matter concerning the minor*.

D5.1.1 Definition of 'minor'

New Zealand Immigration Act 1987 s 141B

'Minor*' means a dependent child under the age of 17 years who is unmarried.

Effective 01/10/1999