A15.5 Instruments of Delegation (01/03/2000)

PURSUANT to section 131 of the Immigration Act 1987 I, Tuariki Delamere, Minister of Immigration, hereby:

1. REVOKE all Instruments of Delegation previously made under that section;
2. DELEGATE, to each immigration 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;
3. DELEGATE to every immigration officer the power to take the practical steps necessary under that Act to implement a decision taken by another immigration 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 New Zealand Immigration Service Operational Manual and circular instructions on Immigration.

DATED at Wellington this 30th day of September 1999

Hon Tuariki Delamere
Minister of Immigration

A15.5.1 Schedule 1
Office, Position or Level:

1. Secretary of Labour
2. General Manager, New Zealand Immigration Service
3. Chief Operating Officer, New Zealand Immigration Service
4. Service Excellence Manager, New Zealand Immigration Service
5. Manager, Policy Research and Development, New Zealand Immigration Service
6. Market Managers, New Zealand Immigration Service
7. Service Managers, New Zealand Immigration Service
8. All holders of immigration officer warrants found in Level 1 of the Interim Competency Schedules kept by the General Manager of the New Zealand Immigration Service.

Powers Delegated

1. All those powers set out in Schedules 2, 3, 4 and 5 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.

A15.5.5 Schedule 2

Office Position or Level

All holders of immigration officer warrants found in Level 2 and above of the Interim Competency Schedules kept by the General Manager of the New Zealand Immigration Service.

Powers Delegated

1. All those powers set out in Schedules 3, 4, and 5 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. On the grant of a residence permit, imposing requirements on the holder under section 18A(1).
6. The revocation of a temporary permit under section 33(1).
7. The grant or refusal of a further limited purpose permit under section 35 on an application made under section 34B(1)(b).
8. The power under section 35(2) to decline a permit application made by or for an unmarried applicant under the age of 17 years.
9. 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.
10. The grant or provisional refusal of a residence permit on an application made under section 33(2) of the Immigration Amendment Act 1991.
11. 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:

    (a) the requirement in regulation 6(d) which relates to evidence of funds or sponsorship with respect to temporary visas; or
    
    (b) 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.

12. 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 at Level 2 and above working in the Christchurch branch of the New Zealand Immigration Service).
13. The power conferred by regulation 3(7) of the Immigration Regulations 1999 to waive, by special direction:
    (a) 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
    
    (b) 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.
14. 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.

A15.5.10 Schedule 3

Office, Position or Level:

All holders of immigration officer warrants found in Level 3 and above of the Interim Competency Schedules kept by the General Manager of the New Zealand Immigration Service.

Powers Delegated:

1. All those powers set out in Schedules 4 and 5 of this Instrument of Delegation.
2. The grant or refusal of a temporary permit under section 35 on an application made under section 13(2).
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) and section 27(6) imposing conditions relating to work or study on temporary permits.
5. Giving a special direction under section 27(7), varying or cancelling the conditions of any temporary permit.
6. The notification under section 27(8) of any cancellation, variation or imposition of any condition pursuant to section 27.
7. The grant or refusal of a temporary permit of another type under section 35 on an application made under section 29(1).
8. The grant or refusal of a further temporary permit under section 35 and section 30(2) on an application made under section 30(1).
9. 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.
10. Authorising the grant of a replacement permit under section 38(4) and determining the manner and form of such grant.
11. The grant or refusal of a temporary permit on an application made under section 33(2) of the Immigration Amendment Act 1991.
12. 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:

    (a) residence applications lodged by persons recognised as refugees in New Zealand under the Refugee Convention; and
    (b) temporary permit and visa applications from persons recognised as refugees in New Zealand under the Refugee Convention or claiming refugee status.

A15.5.15 Schedule 4

Office Position or Level

All holders of immigration officer warrants found in Level 4 and above of the Interim Competency Schedules kept by the General Manager of the New Zealand Immigration Service.

Powers Delegated:

1. All those powers set out in Schedule 5 of this Instrument of Delegation.
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. 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.

A15.5.20 Schedule 5

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) or section 18(b).
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 sectin 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 01/03/2000