Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
129G How claim made and handled
  • (1) A claim is made as soon as a person signifies his or her intention to seek to be recognised as a refugee in New Zealand to a representative of the Department of Labour or to a member of the Police.

    (2) Once a claim is made, the claimant must, on request by a refugee status officer, confirm the claim in writing in the prescribed manner.

    (3) A claimant must as soon as is possible endeavour to provide to an officer all information relevant to his or her claim, including—

    • (a) a statement of the grounds for the claim; and

    • (b) an indication of whether any other members of the claimant's immediate family who are in New Zealand are also seeking recognition as refugees and, if so, whether any such claim is on different grounds.

    (4) A claimant must provide an officer with a current address in New Zealand to which communications relating to the claim may be sent and a current residential address, and must notify the officer in timely manner of a change in either of those addresses. The officer may rely on the latest address so provided for the purpose of communications under this Part.

    (5) It is the responsibility of the claimant to establish the claim, and the claimant must ensure that all information, evidence, and submissions that the claimant wishes to have considered in support of the claim are provided to the refugee status officer before the officer makes a determination on the claim.

    (6) For the purpose of determining a claim, an officer—

    • (a) may seek information from any source; but

    • (b) is not obliged to seek any information, evidence, or submissions further to that provided by the claimant; and

    • (c) may determine the claim on the basis of the information, evidence, and submissions provided by the claimant.

    (7) Subject to this Part and to any regulations made under it, and to the requirements of fairness, an officer may determine his or her own procedures on a claim.

    Section 129G: inserted, on 1 October 1999, by section 40 of the Immigration Amendment Act 1999 (1999 No 16).