A15.4 Instruments of Delegation 2006

Delegation of Powers to Department of Labour Workforce - Immigration Services

PURSUANT to section 131 of the Immigration Act 1987 I, David Richard Cunliffe, Minister of Immigration, hereby:

1. REVOKE all Instruments of Delegation previously made under that section;
2. DELEGATE, to each immigration officer and visa officer who is the holder (or is acting as the holder) from time to time of any office, or position, or who has attained the appropriate level specified in each of the Schedules to this Instrument, the powers under the Immigration Act 1987 specified in relation to that office, position, or level in the relevant Schedule, but subject to any conditions listed in those Schedules; and
3. DELEGATE to every immigration officer and visa officer the power to take the practical steps necessary under that Act to implement a decision taken by another immigration officer or visa officer pursuant to this Instrument of Delegation. Any person who exercises any power pursuant to this Instrument of Delegation shall do so in accordance with the Government policy and Departmental instructions that are current at the time, as set out from time to time in the Immigration New Zealand Operational Manual and circular instructions on Immigration.

DATED at Wellington this 14th day of November 2006

Hon David Richard Cunliffe
Minister of Immigration

A15.4.1 Schedule 1

Office, Position or Level:

1. Secretary of Labour
2. Deputy Secretary, Department of Labour
3. 3rd Tier Manager – Workforce, Department of Labour
4. 4th Tier Manager – Workforce, Department of Labour
5. 5th Tier Manager – Workforce, Department of Labour
6. Immigration Managers – Workforce, Department of Labour
7. All holders of an immigration officer warrant, who hold the position of:
   • Immigration officer (Level 4)
   • Immigration officer (Level 3)
   • Immigration officer, residence family
   • Immigration officer, verification
   • Immigration officer, need to see
   • Immigration officer, technical advisor
   • Immigration officer, SMC
   • Business Immigration specialist
   • Business Relationship advisor
   • Border officer (airport)
   • Compliance officer
   • Student compliance analyst

Powers Delegated

1. All those powers set out in Schedules 2, 3 and 4 of this Instrument of Delegation;
2. Specifying an organisation under section 2, by notice in the Gazette, as an organisation whose travel documents will be accepted as certificates of identity;
3. Recognising study or training pursuant to a scholarship or other award under section 2, by notice in the Gazette, as not constituting employment;
4. Making decisions under section 7(1)(e),(f),(g),(h) and (i) that certain persons are not entitled to the grant of a permit (note: this power is delegated to immigration officers at Level 1, only in respect of decisions at ports of entry);
5. Giving a special direction under section 7(3)(a)(ii) authorising a permit to be granted to a prohibited person;
6. Giving a special direction under section 12(2) exempting a person from the requirement to hold a permit;
7. Giving a special direction under section 12(3) that an exemption by regulation shall not apply to a particular person;
8. Cancelling, under section 18A(5)(a), a requirement imposed on the holder of a residence permit;
9. Agreeing to vary, under section 18A(5)(b), a requirement imposed on the holder of a residence permit;
10. Giving a special direction under section 26(1) authorising the grant of a permit for a period longer than that prescribed by regulations;
11. Giving a special direction under section 27(1)(b) imposing conditions on a temporary permit;
12. The grant or refusal of a permit under section 35A;
13. Giving a special direction under section 125(5) in relation to the responsibilities of carriers and persons in charge;
14. Giving a special direction under section 126(1) in relation to persons arriving in New Zealand;
15. Giving a special direction under section 126(2) in relation to persons leaving New Zealand;
16. Determining under section 128B, whether a person detained under that section is a person to whom section 7(1) applies;
17. Providing assistance, and deciding the amount and type of such assistance, for a person under section 148(2), provided that the amount of any such assistance comes within the decision maker's financial authority from the Secretary of Labour;
18. Giving a special direction under section 149(2) exempting a person from a fee or a bond or refunding a fee or a bond, in whole or in part.

A15.4.5 Schedule 2

Office, Position or Level

1. All holders of an immigration officer warrant, who hold the position of:
   • Immigration officer (Customised Support)
   • Immigration Officer (Level 2)
2. Employees of the Department of Labour or the Ministry of Foreign Affairs and Trade or New Zealand Trade and Enterprise who are designated as visa officers.

Powers Delegated

1. All those powers set out in Schedules 3 and 4 of this Instrument of Delegation;
2. The grant or refusal of a residence permit under section 35 on an application made under section 13(2);
3. Giving a special direction under section 14D(1) to exempt a person from the requirement to obtain a temporary visa;
4. The grant or refusal of a residence permit under section 35 on an application made under section 17(1)(b);
5. The revocation of a temporary permit under section 33(1);
6. The grant or refusal of a further limited purpose permit under section 35 on an application made under section 34B(1)(b);
7. The power under section 35(2) to decline a permit application made by or for an applicant who is single and under the age of 17 years;
8. The power conferred by section 35 of the Immigration Act 1987 to grant a permit of a different type from that for which an application is made;
9. The power to issue a visitor's permit under section 35A to personnel of the United States Deep Freeze operation who return from Antarctica and who do not hold a permit (note: this power is delegated to immigration officers on Schedule 2 and above working in the Christchurch branch of the Department of Labour – Immigration);
10. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction, any requirements specified in Part 1 of the Regulations, but only in relation to the following requirements under that Part:
    1. the requirement in regulation 6(d) which relates to evidence of funds or sponsorship with respect to temporary visas; or
    2. the requirement in regulation 13(c) which relates to evidence of funds or sponsorship and in regulation 13(d) which relates to evidence of tickets or onward travel arrangements with respect to temporary permits;
11. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction:
    1. the requirement in regulation 4(1)(h) relating to the production of a police or similar certificate, less than six months old, indicating the applicant's record of convictions or lack thereof, for their country of citizenship and for each country in which they lived for 12 months or more during the past 10 years, with respect to an application for a residence visa; and
    2. the requirement in regulation 10(1)(h) relating to the production of a police or similar certificate, less than six months old, indicating the applicant's record of convictions or lack thereof, for their country of citizenship and for each country in which they lived for 12 months or more during the past 10 years, with respect to an application for a residence permit by a temporary permit holder or exempt person;
12. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to give a special direction to exercise discretion to waive some of the requirements under the regulations in relation to applications for residence from family members of persons granted residence under the Refugee quota;
13. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction, either in whole or in part, the requirements in regulations 4 and 10 of the Immigration Regulations 1999 for particular documents to be tendered with the approved application form, in respect of applications made under the Skilled Migrant Category of Government residence policy;
14. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction, either in whole or in part, the requirements in regulations 4 and 10 of the Immigration Regulations 1999 for particular documents to be tendered with the approved application form, in respect of applications made under the Special Zimbabwe Residence Policy of Government residence policy (note: this power is delegated to immigration officers at Level 2 and above working in the Immigration Profiling Group of the Department of Labour – Immigration);
15. The power conferred by regulation 18 of the Immigration Regulations 1999 to make requirements by special direction regarding the form in which applications for permits or visas are to be made.

A15.4.10 Schedule 3

Office, Position or Level

All holders of an immigration officer warrant, who hold the position of:

• Customer Services officer
• Immigration officer, counter
• Immigration officer, express approve
• Immigration officer, express review
• Immigration officer (Level 1).

Powers Delegated:

1. The grant or refusal of a temporary permit under section 35 on an application made under section 13(2);
2. The notification under section 18A(6) of any cancellation or variation of a requirement or of any new requirement on the holder of a residence permit;
3. The grant or refusal of a temporary permit under section 35 on an application made under section 25(1)(d);
4. Giving a special direction under section 27(5) imposing a condition that the holder of a work permit shall undertake employment only in a specified area, or in a specified industry, trade, occupation, or profession, or with any specified employer, or a condition relating to any two or more of those matters;
5. Giving a special direction under section 27(6) imposing a condition that the holder of a student permit shall undertake a course of study or training only of a specified type, or in a specified place;
6. Giving a special direction under section 27(7) varying or cancelling the section 27(3) condition in respect of a student permit to enable eligible students to work during the academic year, and during any holidays within the academic year for up to 20 hours in any given week; and/or full-time during the Christmas-New Year holiday period;
7. Giving a special direction under section 27(7), varying or cancelling the conditions of any temporary permit;
8. The notification under section 27(8) of any cancellation, variation or imposition of any condition pursuant to section 27;
9. Requiring, under section 28(1), an applicant for a temporary permit to supply a written undertaking from a sponsor, accepting a particular sponsor under that subsection and specifying details and conditions under that subsection;
10. The grant or refusal of a temporary permit of another type under section 35 on an application made under section 29(1);
11. The grant or refusal of a further temporary permit under section 35 and section 30(2) on an application made under section 30(1);
12. The power under section 30(3)(b) to specify the date on which a temporary permit granted under section 35 on an application made under section 30(1) comes into force;
13. Authorising the grant of a replacement permit under section 38(4) and determining the manner and form of such grant;
14. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction, any requirements specified in Part 1 of the Regulations, but only in relation to the following applications:
    1. residence applications lodged by persons recognised as refugees in New Zealand under the Refugee Convention; and
    2. temporary permit and visa applications from persons recognised as refugees in New Zealand under the Refugee Convention or claiming refugee status;
15. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction, either in whole or in part, the requirements in regulations 6, 7, 13, and 15 of the Immigration Regulations 1999 for particular documents, information and /or evidence to be tendered with the approved application form, in respect of applications made for temporary and limited purpose visas and permits.

A15.4.15 Schedule 4

Office, Position or Level

All immigration officers who are immigration officers by virtue of being customs officers designated by the Secretary of Labour as immigration officers, whether individually or by class or position.

Powers Delegated:

1. The grant or refusal of a residence permit under section 35 on an application made under section 17(1)(a);
2. The grant of a residence permit under section 35 on an application made under section 18(a);
3. The grant or refusal of a temporary permit under section 35 on an application made under section 25(1)(a) or section 25(1)(b);
4. The grant or refusal of a limited purpose permit under section 35 on an application made under section 34B(1)(a);
5. The refusal of a permit under section 35 to any person who arrives in New Zealand and does not apply for a permit in the prescribed manner.

Effective 14/11/2006