A15.25 Delegation of powers: DCE to delegates (30/10/2019)

Instrument of Sub-delegation

Delegation by	The holder for the time being of Deputy Chief Executive -Immigration New Zealand ("Delegator")
Delegation to	Listed in Schedule One ("Delegate")
Source of delegated powers and functions	Listed in Schedule One
Authority for Delegation	State Sector Act 1988 ("SSA", section 41)

I, the Delegator, delegate to you, the Delegate, effective from and on 30 September 2019 the powers and functions specified in the Schedule One of this Instrument.
The powers and functions may be exercised subject to any general or specific conditions I may give from time to time. General conditions may be included in any policy on statutory delegations put in place by the Ministry from time to time.
For the avoidance of doubt, the powers and functions listed in Schedule One may not be sub-delegated.
For the avoidance of doubt, a delegation to a specified position also includes senior ranks of that position (for example Compliance Officers also means Senior Compliance Officers).
This delegation is intended to be a standing sub-delegation –
1. From any person holding the office of, or acting as, the Delegator (SSA, s 42(2)); and
2. To any person holding the office of, or acting as, the Delegate (SSA, s 41(6)).
This sub-delegation applies in respect of the powers and functions in Schedule One, as those powers and functions are amended from time to time.

Dated at Wellington this 27 day of September 2019

_________________________________________

Greg Patchell

Deputy Chief Executive – Immigration New Zealand

Schedule One: Sub-delegated powers and functions (DCE to Delegates)

Legislative Reference	Description of delegated power or function	Sub-delegation

Immigration Act 2009
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.	General Manager, Refugee and Migrant Services
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.	General Manager, Border and Visa Operations
26(8)	To make arrangements for providing assistance to refugee and protection officers in processing claims.	General Manager, Refugee and Migrant Services
26(8)	To make arrangements for providing assistance to the Minister and immigration officers in processing applications.	General Manager, Border and Visa Operations
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.	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border Border Manager Technical Specialist - Border Immigration Officers undertaking duties at an Immigration Control Area
96(1)	To notify a carrier, and a person in charge of a commercial craft of their obligations under s96 (2) and 96 (3).	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border Border Manager
96(2)	To receive, by means of an approved system, the information prescribed for the purposes of this subsection.	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border Immigration Officers undertaking duties at an Immigration Control Area Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area
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.	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border
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.	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area
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.	General Manager, Border and Visa Operations National Manager Border Operations Manager Border Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area
100	To decide that a person who fails to allow biometric information to be collected: may not board a craft, or may board the craft only if the person complies with any conditions specified by the chief executive or his or her delegated authority.	General Manager, Border and Visa Operations National Manager Border Operations Manager Border Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area
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).	General Manager, Border and Visa Operations National Manager Border Operations Manager Border Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area
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.	General Manager Border and Visa Operations National Manager, Border Operations Manager, Border Heads of Operations Visa Operations Manager Practice Leads Technical Advisors Immigration Manager
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.	General Manager Border and Visa Operations National Manager, Border Heads of Operations Visa Operations Manager Practice Leads Technical Advisors Operations Manager, Border Border Manager Technical Specialist, Border General Manager, Verification and Compliance National Manager, Compliance Compliance Manager National Manager, Investigations Investigations Manager Compliance Officers
302(2)	To provide information to specified agencies about persons as set out in that section.	General Manager Border and Visa Operations Heads of Operations Visa Operations Manager Practice Leads Technical Advisors National Manager, Border Operations Manager, Border Border Manager Technical Specialist, Border General Manager, Verification and Compliance National Manager, Compliance Compliance Manager National Manager, Investigations Investigations Manager Compliance Officers
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	General Manager Border and Visa Operations National Manager, Border Heads of Operations Visa Operations Manager Practice Leads Technical Advisors Operations Manager, Border Border Manager Technical Specialist, Border General Manager, Verification and Compliance National Manager, Compliance Manager Compliance National Manager, Investigations Manager Investigations Compliance Officers National Manager, Identity Services Manager Identity Resolution Team Leader Identity Resolution Manager Data Sharing and Development Data Sharing Analysts
305(1)	To disclose any information specified in section 306 to an overseas agency, body, or person whose functions include: the prevention, detection, investigation, prosecution or punishment of immigration or other offences; or the processing of international passengers; or border security	General Manager, Border and Visa Operations National Manager, Border Operations Manager, Border Immigration Manager, Border Border Manager Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area General Manager, Verification and Compliance National Manager, Compliance Compliance Manager Compliance Officer National Manager, Investigations Investigations Manager General Manager, Intelligence, Data and Insights National Manager, Identity Manager Identity Resolution Team Leader Identity Resolution Manager Data Sharing and Development Data Sharing Analysts General Manager, Intelligence, Data and Insights, National Manager, Intelligence Intelligence Managers Principal Intelligence Analysts Senior Intelligence Analysts Intelligence Analysts Intelligence Support Officers Intelligence Targeting Analysts National Manager, Risk and Verification Onshore Risk and Verification Manager Manager Offshore Risk Manager Risk Assessment Risk and Verification Managers
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.	General Manager, Border and Visa Operations General Manager, Verification and Compliance General Manager, Intelligence, Data and Insights
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	General Manager, Border and Visa Operations National Manager, Border and Visa Operations National Manager, Transition National Manager, Border National Manager Education and Tourism National Manager, Business And Specialist Operations Manager, Border Immigration Manager, Border Technical Specialist, Border Immigration Officers undertaking duties at an Immigration Control Area General Manager, Verification and Compliance National Manager, Compliance Compliance Manager National Manager, Investigations Investigations Manager National Manager, Risk and Verification Manager Risk Assessment Team General Manager, Intelligence, Data and Insights Regional Liaison Officer National Manager, Intelligence Intelligence Manager Principal Intelligence Analysts National Manager, Identity Manager Identity Resolution Team Leader Identity Resolution Manager Data Sharing and Development Data Sharing Analysts Border Manager Airline Liaison Officer Intelligence Targeting Analysts
384(1)	To make an endorsement in relation to a passport (other than a New Zealand passport).	Immigration Officers
388(2)	To specify which functions and powers an immigration officer is authorised under this Act.	General Manager, Border and Visa Operations National Manager, Border and Visa Operations National Manager, Transition National Manager, Border National Manager, Education and Tourism National Manager Business And Specialist Heads of Operations Operations Manager, Border General Manager, Verification and Compliance National Manager, Investigations National Manager, Compliance
393	To determine the method of determining the amount of fee payable at any time in currency other than New Zealand dollars.	General Manager, Border and Visa Operations
Victims’ Rights Act 2002
39(2)(a)	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.	Technical Specialist in the Resolutions Team Resolutions Analyst in the Resolutions Team Compliance Officers holding a warrant of designation (under section 388(3) of the Immigration Act 2009)
39(2)(b)	To request the specified person to provide the Chief Executive the address of the victim of the offence, or of the victim’s representative.	Liaison Officer in the Resolutions Team Compliance Officers holding a warrant of designation (under section 388(3) of the Immigration Act 2009)
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.	Compliance Officers holding a warrant of designation (under section 388(3) 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.	Liaison Officer in the Resolutions Team Compliance Officers holding a warrant of designation (under section 388(3) of the Immigration Act 2009)

Effective 30/10/2019

PREVIOUS IMMIGRATION INSTRUCTIONS

A15.25 Delegation of powers: Deputy Secretary to delegates (13/03/2023)

A15.25 Delegation of powers: Deputy Secretary to delegates (01/07/2022)

A15.25 Delegation of powers: Deputy Secretary to delegates (26/05/2022)

A15.25 Delegation of powers: Deputy Secretary to delegates (09/02/2022)

A15.25 Delegation of powers: Deputy Secretary to delegates (05/10/2021)

A15.25 Delegation of powers: Deputy Secretary to delegates (10/09/2021)

A15.25 Delegation of powers: DCE to delegates (18/12/2020)

A15.20 Delegation of powers: DCE to delegates (25/03/2020)

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	ARCHIVED	These are archived immigration instructions that are no longer current