Delegation by

The holder for the time being of Chief Executive of the Ministry of Business, Innovation and Employment ("Delegator")

Delegation to

The holder for the time being of the office of Deputy Chief Executive of Immigration New Zealand ("Delegate")

Source of delegated powers and functions

Listed in Schedule One

Authority for Delegation

State Sector Act 1988 ("SSA", section 41)

Immigration Act 2009

Section 4

To approve a system, including an electronic system, for the purpose of:

• Providing information to the Chief Executive under section 96 (advance passenger processing)
• Giving notice under section 97(2) of a decision made under section 97(1) (decisions given to carriers, or persons in charge of carriers, of a commercial craft) about person boarding for purpose of travelling to New Zealand)
• Giving notice under section 97A(3) of a decision made under section 97A(1) (decisions given to carriers, or persons in charge of carriers, of a commercial craft) about person boarding for purpose of travelling from New Zealand)

26(4) and (5)

To give general instructions to refugee and protection officers on the order and manner of processing any claim, or specified classes of claim, having regard to any matters the Chief Executive thinks fit.

26(4) and (5)

To give general instructions to immigration officers on the order and manner of processing any applications, or specified classes of application, having regard to any matters the Chief Executive thinks fit.

26(8)

To make arrangements for providing assistance to refugee and protection officers in processing claims.

26(8)

To make arrangements for providing assistance to the Minister and immigration officers in processing applications.

29

To predetermine the criteria by which an automated electronic system analyses information (if any) about a person that is held by the chief executive or delegated official, and to which the chief executive or delegated official has access - the automatic electronic analysis of which may result in a decision in accordance with section 97 of the Immigration Act 2009.

29A

To predetermine the criteria to be applied by an automated electronic system that may be used to confirm a person’s status as a New Zealand citizen

48

To approve the form of a written undertaking that may be required to be provided by the sponsor of a visa applicant

62(1)

To determine the manner in which a visa record is entered and retained in the records (electronic or physical) of the Department

62(2)(f)

To require or approve any matters other than those listed in s62(2) that must be specified, as appropriate, in a visa entry

96(1)

To notify a carrier, and a person in charge of a commercial craft of their obligations under s96(2) and 96(3).

96(2)

To receive, by means of an approved system, the information prescribed for the purposes of this subsection.

96(3)

To, in writing, exempt a carrier or a person to whom this section applies from complying with some or all of the carrier's or the person's responsibilities under this section in all or any specified circumstances

97(1)

To make a decision about a person boarding a craft for the purpose of travelling to New Zealand under section 97(1), including specifying conditions which must be complied with before a person boards a craft for travel to New Zealand

97(2)

To determine the means by which any decision made under section 97(1) is to be notified to a carrier or person in charge of commercial craft to whom section 96 applies, including, but not limited to by means of an approved system, and in any manner he or she thinks appropriate, including, but not limited to, by means of automatic electronic notification.

97A(1) and (2)

To make a decision about a person boarding a craft for the purpose of travelling from New Zealand under section 97A(1), including specifying conditions which must be complied with before a person boards a craft for travel from New Zealand, including first determining as necessary that there is reason to believe a person is attempting to travel on a passport or certificate of identity described in section 97A(2)

97A(3)

To determine the means by which any decision made under section 97A(1) is to be notified to a carrier or person in charge of commercial craft to whom section 96 applies, including, but not limited to by means of an approved system, and in any manner he or she thinks appropriate, including, but not limited to, by means of automatic electronic notification.

100

To decide that a person who fails to allow biometric information to be collected:

1. may not board a craft, or
2. may board the craft only if the person complies with any conditions specified by the chief executive or his or her delegated authority.

102

To request, access and retain prescribed information about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft (including, but not limited to, if he or she did not board the craft as a result of a decision made by the chief executive or his or her delegated official under section 97).

109A

To determine the manner in which entry permission is entered and retained in the records (electronic or physical) of the Department

151

Where in relation to a claim or particulars of a claim it is determined there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure of the information and having had regard to the matters in s151(3):

• to determine whether it is in the public interest to publish, and if so,
• to publish a decision of a refugee and protection officer in relation to a claim

294

To make arrangements with the department of the State responsible for the time being responsible for the administration of the Corrections Act 2004, for the disclosure and comparison of information in order to identify the immigration status of a person sentenced to imprisonment or a community-based sentence, and to determine the frequency, form and method in which the information may be supplied.

295(2)

To provide to the chief executive of the department of State for the time being responsible for the enforcement of fines, any identifying information about a person who is in serious default in the payment of a fine

295(3)

To determine by agreement of the department of State for the time being responsible for the enforcement of fines, for the purposes of section 295 of the Immigration Act 2009, the frequency, form and method by which information may be supplied.

298

To make arrangements with the department of State for the time being responsible for the administration of the Social Security Act 1964, for the disclosure and comparison of information in order to identify the immigration status of a person who has applied to receive, is receiving, or has received a benefit, and to determine the frequency, form and method in which the information may be supplied.

299

To make arrangements with the department of State for the time being responsible for the administration of the Social Security Act 1964 (the responsible department), for the disclosure and comparison of information to enable recovery from a sponsor (as defined in section 48 of the Immigration Act 2009) the costs of any benefit paid to a person that are recoverable under an undertaking given by the sponsor under that section and in accordance with section 55, and to determine the frequency, form and method in which the information may be supplied; and to authorise who can receive information from the Chief Executive of the responsible department.

300

To make arrangements for the disclosure and comparison of information in order to determine a person’s eligibility for access to, and/or liability to pay for, publicly funded health and disability support services, and to determine the frequency, form and method in which the information may be supplied.

301(2) and (3)

To disclose information to a provider of any publicly funded service in order to determine a person's eligibility for access to, and /or liability to pay for, a publicly funded service

301(4)

To make arrangements for the disclosure of information with service providers, in order to determine a person’s eligibility for access to, and/or liability to pay for a publicly funded service.

302(2)

To provide information to specified agencies about persons as set out in that section.

302(6)

To consult with the Privacy Commissioner on the making of an agreement, and to report to the Privacy Commissioner on the agreement and the arrangements for disclosure under it.

302(8)

To authorise who can receive information from the Chief Executive of the specified agency.

303

For the purpose of enabling specified agencies to establish or verify identity and check matters relating to a person’s character, the Chief Executive may: receive and compare identifying information about certain persons in the specified circumstances and, if any specified information is held about that person, supply that information to authorised officers of specified agencies in accordance with a section 303C agreement

303A

For the purpose of extending time to identify a person of interest intending to travel from New Zealand and to perform or exercise law enforcement, counter-terrorism, and security functions or powers, the Chief Executive may: receive and compare personal information about certain persons and, if specified information is held about that person, supply certain information to the Chief Executive of a specified agency in accordance with a section 303C agreement

303B

For the purpose of section 303A, the Chief Executive may: allow the Chief Executive of a specified agency direct access to the database of Advance Passenger Processing information, subject to first entering into, and then acting in accordance with, a section 303C agreement for direct access

303C

For agreements entered into under section 303, 303A or 303B:

• before entering into or varying any agreement ,consult with the Privacy Commissioner
• sign the agreement or any variation

305(1)

To disclose any information specified in section 306 to an overseas agency, body, or person whose functions include:

1. the prevention, detection, investigation, prosecution or punishment of immigration or other offences; or
2. the processing of international passengers; or
3. border security

305(2)(a), (3) and (4)

The power to enter into an agreement with certain agencies, bodies or persons to disclose certain information to help prevent, identify, or respond to:

• violations of New Zealand law or law of the receiving country; or
• the kinds of actions that the agency or body has a function of preventing, identifying, or responding to.

305(2)(b) and (7)

To disclose certain information to certain overseas agencies, bodies or persons if the information relates to a suspected:

• violation of New Zealand law, or the law of the receiving country; or
• action of a kind that the agency or body has a function of preventing, identifying or responding to

367(e)

To sign a certificate stating that a particular place is or was an immigration control area.

381(1)

To approve and issue application forms and any other forms that he or she considered necessary for the purposes of the Immigration Act 2009, not being forms prescribed or to be prescribed by the regulations made under the Immigration Act 2009.

382(1)

To designate the following places as immigration control areas:

1. all or any part of the area of a port
2. any other place that the chief executive or delegated official considers appropriate for processing people arriving in and departing from New Zealand.

382(2)

The power to give written notice of a designation under this section to:

1. the operator of an airport or port concerned; or
2. the person otherwise in control of the place (being an owner, occupier, lessee, or sub lessee).

383(1)

To:

1. designate places outside New Zealand (for example, ports, airports, or offices of the Department that are overseas) where an immigration officer may grant entry permission to a person before that person travels to New Zealand; and
2. determine the class or classes of persons that may be granted entry permission at a designated place.

384(1)

To make an endorsement in relation to a passport (other than a New Zealand passport).

384(2)

To determine the manner in which an endorsement is made and entered and retained in the records (whether electronic or physical) of the Department.

385(1)

To determine the operating areas, accommodation, facilities, buildings, equipment and storage in an airport or port subject to a designation under section 382 that are reasonably necessary and suitable for carrying out immigration functions in relation to people arriving in and departing from New Zealand.

388(1)

To designate as immigration officers:

1. the person the chief executive or delegated official considers are:
   1. necessary for the purposes of this Act; and
   2. suitably qualified and trained; and
2. such other agents or persons in the service of the Government of New Zealand, or persons in the service of the government of another country, as the chief executive or delegated official determines, whether designated individually or by class or position.

388(2)

To specify which functions and powers an immigration officer is authorised under this Act.

388(3)

To sign a warrant of designation, specifying which of the powers in s388(3) may be exercised by an authorised immigration officer.

390

To designate as refugee and protection officers the persons employed in the Department that the Chief Executive considers necessary for the purposes of this Act.

391

To revoke a designation issued under this Act.

393

To determine the method of determining the amount of fee payable at any time in currency other than New Zealand dollars.

Immigration Advisers Licensing Act 2007

Section 91

Waive, in whole or in part, any fee payable on a further immigration application or request by a person whose earlier application or request has not been accepted because it contravened section 9

Immigration (Refugee and Protection Status Processing) Regulations 2010

Reg 4(1), 7(3)(a), 8(2)(a), 9(3)(a), 10(3)(a), 14(1)

Approval of forms for various purposes

Reg 23AA(1)

Require certain visa applications to be made online

Births, Deaths, Marriages, and Relationships Registration Act 1995

Section 78A

Enter into and vary agreements to receive:

• birth and name change information for verification purposes (citizenship, entitlement to reside, to update and verify immigration records)
• marriage information and civil union information to verify the marriage or civil union of a person to a New Zealand citizen
• death information to identify deceased holders of temporary entry class visas

Citizenship Act 1977

Section 26A

To enter into and vary an agreement with the Secretary for Internal Affairs under which citizenship information may be disclosed for the purposes of:

• verifying a person’s citizenship status;
• verifying a person’s entitlement to reside in New Zealand

26B(1) and (2)

To enter into and vary an agreement with the Secretary for Internal Affairs under which the Secretary for Internal Affairs, or designated officers of the Department of Internal Affairs, may access information held by the Chief Executive where the information is needed for or relevant to:

• citizenship investigations and assessing grant of citizenship applications; or
• determining whether a person is a New Zealand citizen by birth

26B(3)

To jointly consult (with the Secretary) with the Privacy Commissioner prior to entering into or varying a section 26B agreement

26B(4)

If required, to jointly review (with the Secretary) a section 26B agreement and report to the Privacy Commissioner

Electoral Act 1993

Section 87(2)

To disclose information to the Chief Registrar concerning:

1. any person the chief executive believes is unlawfully in New Zealand; or
2. any person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of any type.

87(3)

To authorise an officer or employee or agent to supply immigration information to the Chief Registrar.

Victims’ Rights Act 2002

Section 39(2)(a) and (b)

To advise each specified person (as defined in subsection 4) that the Minister is considering suspending or cancelling the liability for deportation of the criminal offender; or that the criminal offender has appealed against his or her liability for deportation to the Immigration and Protection Tribunal and request the specified person provide an address for the victim of the offence or their representative

39(5)(a)

If the victim’s address is given to the Chief Executive under subsection (2), give the victim notice that the Minister is considering cancelling or suspending the deportation liability of the offender under section 172 of the Immigration Act 2009.

39(5)(b)

If a deportation liability notice has been served and is being appealed, give the victim’s address to the Immigration and Protection Tribunal so they can give prior notice of the appeal hearing.