A15.1 Making decisions in terms of the Immigration Act

1. All references to the Immigration Act within this chapter refer to the Immigration Act 1987, as subsequently amended.
2. To make immigration decisions under the Immigration Act 1987 a person must be designated by the Secretary of Labour as an immigration officer or visa officer or refugee status officer.
3. In addition, from time to time the Minister of Immigration may delegate some of his or her powers under the Immigration Act to immigration officers, visa officers or refugee status officers. These delegations are listed in schedules (see A15.4). Some delegations are for a whole class of officers (eg for all technical advisors); some can only be exercised by officers in particular roles, and are not related to a position in the hierarchy. Further, delegations may effectively act as an administrative constraint on the exercise of statutory decision-making powers.
4. Where a person has not been designated as an immigration officer, visa officer or refugee status officer, they cannot make any immigration decisions. In addition, the Minister may not delegate any other powers to a person who is not an immigration officer or a visa officer.
5. In order to make a removal order under section 54 of the Act, an immigration officer must be specifically designated by the chief executive for that purpose. Only such officers may cancel removal orders under section 58. However, an immigration officer may not make a removal order in respect of a person if that officer has previously been involved in determining an application by that person for a permit (section 54(2) of the Act).
6. A person who is designated as a refugee status officer cannot also consider applications as an immigration officer, and vice versa (section 129E (3) of the Act).
7. The chief executive of the Department of Labour may at any time revoke a designation (section 133A of the Act).

A15.1.5 Designations

1. An immigration officer:
   1. is the Secretary of Labour, and every person who has been designated by the Secretary of Labour as an immigration officer under section 133 of the Act;
   2. includes any Customs officer designated by the Secretary of Labour as an immigration officer, whether individually or by class or position, (in Parts 1 and 6 and sections 127, 130, 131, 136, 142 and 143 of the Act);
   3. includes any person designated by the Secretary of Labour as an immigration officer, whether individually or by class or position, who:
      • is in the service of the Government of another country; or
      • acts as an agent for the Government of New Zealand for pre-clearance purposes, in Parts 1 and 6 and sections 130, 131, 142, and 143 of the Act).
2. A visa officer includes:
   1. any immigration officer employed in the Department of Labour; and
   2. any person designated by the Secretary of Labour as a visa officer, whether individually or by class or position and who is a:
      • head of mission or head of post; or
      • member of staff at a New Zealand overseas mission or post who is authorised by the head of mission or head of post to exercise consular functions; or
      • member of staff of an overseas branch of the Department of Labour; and
   3. any other person, including a person employed in the service of the Government of another country, who acts as an agent for the Government of New Zealand in the performance of consular functions, either pursuant to an agreement between the Government of another country and the Government of New Zealand or pursuant to a request by a visa officer employed in the service of the Government of New Zealand.
3. A refugee status officer is a person who has been designated by the Secretary of Labour as a refugee status officer under section 129E of the Act.

A15.1.10 Warrant of designation

1. An immigration warrant is evidence of an immigration officer's designation. The warrant does not in itself confer any powers on the officer that are not conferred by any of the provisions of the Act (section 133(2) of the Act).
2. Whenever an immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer), seeks entry to any premises, building, or craft in the course of the officer's duties under the Act, they must produce their warrant of designation and, if requested, state the provision or provisions of the Act under which they are entitled to enter the premises, building, or craft (section 133(3) of the Act).
3. An immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer) must also produce their warrant of designation if asked to do so by any person of whom the officer orally makes any request or requirement or demand under any of the provisions of Parts 2 to 4 of the Act (section 133(4) of the Act).
4. A customs officer exercising the powers of an immigration officer can meet the requirement in A15.1.10 (c) by producing evidence of their appointment as a customs officer. A member of the Police can do so by being in uniform or by producing their badge or other evidence of being a member of the Police (section 133(5) of the Act).
5. Warrants must be:
   1. in a secure place when not in use; and
   2. used only by the officer to whom it is issued; and
   3. produced in circumstances where production is required by law (as described in A15.1.10(b) and (c) above); and
   4. returned to the Department of Labour for revocation when the officer leaves the department or moves to a position which does not require them to exercise the functions of an immigration officer.

A15.1.15 Process for being designated as an immigration officer and issued a warrant

1. To be designated as an immigration officer and issued with a warrant, a person must:
   1. complete a training schedule (coordinated by Immigration New Zealand trainers); and
   2. be deemed competent to carry out the functions of an immigration officer.

   However, the Secretary of Labour may otherwise designate an individual as an immigration officer and issue a warrant as he or she sees fit.

2. The manager should make a request to the chief executive, using the appropriate form, that a person be designated as an immigration officer, and a warrant be issued to the staff member, when the person’s manager is satisfied that the person:
   1. has completed the required training; and
   2. can demonstrate competence in a number of specified areas; and
   3. should be designated as an immigration officer.
3. If the chief executive decides to designate the person as an immigration officer, a warrant will be issued to that person, along with a letter detailing any relevant delegated powers the person may exercise.

A15.1.20 Process for visa officers to be able to carry out their functions

In order to be able to carry out the functions of a visa officer, a person must:

1. complete a training schedule (coordinated by Immigration New Zealand trainers); and
2. demonstrate competence in a number of specified areas; and
3. be deemed competent to carry out the functions of a visa officer.

Effective 04/12/2006