D6.5 Nomination of responsible adult

See also Immigration Act 2008 s 375

1. A minor’s interests are to be represented by the minor's parent, and the parent is the person who is the responsible adult for the minor for the following matters under the Immigration Act 2009:
   1. the minor’s liability for deportation, and the deportation of the minor; or
   2. any claim by the minor for recognition as a refugee or a protected person; or
   3. any appeal or review proceedings by the minor under the Immigration Act 2009; or
   4. any detention of the minor under the Immigration Act 2009.
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.
3. The responsible adult is to be nominated by the Immigration and Protection Tribunal, an immigration officer, a refugee and protection officer, or a Judge, as the case may require.
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, resident or permanent resident; and
   3. the person is
      • 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 chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; and
      • 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, in accordance with the requirements of this section.
6. A responsible adult who is representing the interests of the minor must supply an immigration officer, a refugee and protection officer or the Immigration and Protection Tribunal with an address in New Zealand at which they may be notified of any matter concerning the minor.

Effective 29/11/2010