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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
129P Procedure on appeal
  • (1) It is the responsibility of an appellant to establish the claim, and the appellant must ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are provided to the Authority before it makes its decision on the appeal.

    (2) The Authority—

    • (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 appellant; and

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

    (3) An appellant must provide the Authority with a current address in New Zealand to which communications relating to the appeal may be sent and a current residential address in New Zealand, and must notify the Authority in timely manner of a change in either of those addresses. The Authority may rely on the latest address so provided for the purpose of communications under this Part.

    (4) In its consideration of an appeal or other matter under this Part, the Authority may request the chief executive of the Department of Labour to seek and provide relevant information.

    (5) The Authority may dispense with an interview of the appellant or other affected person only if both—

    • (a) the appellant or other affected person has been interviewed by a refugee status officer in the course of determining the relevant matter at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and

    • (b) the Authority considers that the appeal or other contention of the person affected is prima facie manifestly unfounded or clearly abusive.

    (6) Despite subsection (5), the Authority may determine an appeal or other matter without an interview if the appellant or other person affected fails without reasonable excuse to attend a notified interview with the Authority.

    (7) If a summons is issued by the Authority under section 4D of the Commissions of Inquiry Act 1908 in respect of a person detained in custody, the manager or other person in charge of the relevant prison or other approved premises, or other person having custody of the detained person, must produce, or allow the production of, the person as directed in the summons.

    (8) The Authority may decide the order in which appeals or other matters are to be heard, and no decision on an appeal or other matter is to be called into question on the basis that the appeal or other matter ought to have been heard or decided earlier or later than any other appeal or matter or category of appeal or matter.

    (9) In any appeal involving a subsequent claim, the claimant may not challenge any finding of credibility or fact made by the Authority in relation to a previous claim, and the Authority may rely on any such finding.

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

    Section 129P(7): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 129P(7): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).