A15.15 Delegation of Powers to Delegated Decision Makers of the Ministry of Business, Innovation and Employment – Immigration New Zealand (20/09/2017)

PURSUANT to section 380 of the Immigration Act 2009 (the Act) and effective from 20 September 2017 I, Michael Allan Woodhouse, Minister of Immigration, hereby:

1. REVOKE the Instrument of Delegation dated 30th day of July 2015 previously made under that section with the title Delegation of Powers to Delegated Decision Makers of Ministry of Business, Innovation and Employment - Immigration New Zealand;
2. DELEGATE the powers in the Act that are specified below to the immigration officers specified below (known as Delegated Decision Makers ("DDMs"));
3. DELEGATE to every immigration officer the power to take the practical steps necessary under that Act to implement a decision taken by a DDM pursuant to this Instrument. Any person who exercises any power pursuant to this Instrument shall do so in accordance with
   1. any applicable immigration instructions (s22 of the Act); and
   2. any applicable general instructions to immigration officers from the chief executive
      (s26(4) of the Act).
4. For the avoidance of doubt, this Instrument is additional to, and does not revoke, any other Instrument aside from that revoked by paragraph 1 of this Instrument.

   
   

Dated at Wellington this 11th of September 2017

Michael Allan Woodhouse
Minister of Immigration

Specified Delegated Decision Makers

Alejandra Mercado (5th Tier Manager)

Arron Baker (4th Tier Manager)

Bruce Burrows (4th Tier Manager)

Steve Cantlon (5th Tier Manager)

Additional Powers Delegated:

1. On granting a resident visa as an exception to residence instructions, the power under s50(1) to impose conditions in addition to those specified in the applicable residence instructions (if any); or to vary or waive conditions that would otherwise apply to a visa of that type;
2. Following the grant of a resident visa, the power under s50(2) to, by special direction, impose further conditions whether or not the conditions are specified in the applicable residence instructions (if any); or vary or cancel conditions that would otherwise apply to the visa or were imposed under s50(1);
3. The power under s71(5) to grant a residence class visa, as a matter of absolute discretion, to a person to whom s71(4) of the Act applies;
4. The power under s72(2) to give a special direction allowing a residence application received by an immigration officer in the first instance to be considered by the Minister;
5. The power under s72(3) to grant a residence class visa as an exception to residence instructions;
6. The power under s94(4) to, by special direction, issue an invitation to apply for a visa to a person whether or not the person has expressed his or her interest in the manner required by the Act or immigration instructions;
7. The power under s172(1) to, as a matter of absolute discretion, cancel a person’s liability for deportation where deportation liability arises under ss156(1)(a), 158(1)(a), 159, 161, or 162;
8. The power under s172(2) to, as a matter of absolute discretion, suspend a residence class visa holder’s liability for deportation where deportation liability arises under ss156(1)(a), 158(1)(a), 159, 161, or 162. Any suspension of liability may be set for a period not exceeding 5 years, and may be made subject to any conditions which are to be stated in the written notice of suspension.
9. The power under s172(3) to reactivate a person’s liability for deportation if the person fails to comply with the conditions imposed by a DDM under s172(2)(b).
10. The power under s174(2) to determine that a person has met the conditions imposed by the Minister under s172(2) for the period of the suspension, to cancel that person’s liability for deportation, and notify the person and the Tribunal of that fact.
11. The power under s213(5) to determine that a person has met any conditions imposed by the Tribunal under s212(1) for the duration of the suspension, cancel the person’s liability for deportation, and notify the Tribunal accordingly.

Effective 20/09/2017