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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
141B Children to have responsible adult to represent their interests, etc
  • (1) In any matters of the kind referred to in subsection (2) that relate both to a dependent child who is under 17 years of age and not married or in a civil union (in this section and sections 141C and 141D referred to as a minor) and to 1 or more of that child's parents,—

    • (a) the minor's interests are to be represented by any such parent; and

    • (b) the parent is the responsible adult for the minor for the purposes of this section and sections 141C and 141D.

    (2) If a minor does not have a responsible adult to represent the minor's interests by virtue of subsection (1), a responsible adult must be nominated in accordance with this section to represent the minor's interests in relation to any of the following matters under this Act:

    • (a) the making, serving, and execution of a removal order or a deportation order in the minor's name:

    • (b) the revocation of the minor's residence permit:

    • (c) any claim by the minor to be recognised as a refugee:

    • (d) any appeal by the minor under this Act:

    • (e) any detention of the minor under this Act.

    (3) The responsible adult is to be nominated by an Authority, the Board, the Tribunal, an immigration officer, a refugee status officer, or a Judge, as the case may require.

    (4) A person may be nominated as a responsible adult under subsection (2) only if—

    • (a) the person is 20 years of age or more; and

    • (b) except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or the holder of a residence permit; and

    • (c) the person is any of the following:

      • (i) a parent, guardian, or relative of the minor; or

      • (ii) a person suggested by the minor; or

      • (iii) any other person having responsibility for the minor or who is otherwise suitable to represent the minor's interests; or

    • (d) except in the case of a parent or guardian of the minor, the person agrees in writing to be nominated as a responsible adult.

    (5) Should the need arise, and after such consultation as is reasonable in the circumstances, a substitute responsible adult may be nominated in accordance with the requirements of this section.

    (6) The role of a responsible adult relates to those matters or proceedings in relation to which the nomination was made, and in any event the role finishes when the minor leaves New Zealand.

    (7) A responsible adult who is representing the interests of a minor in any matter of a kind referred to in subsection (2) must supply to an immigration officer or refugee status officer, or to an Authority or the Board or to the Tribunal, as the case may require, an address in New Zealand at which any communication relating to the minor may be notified to that adult.

    Section 141B: inserted, on 1 October 1999, by section 49 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 141B(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 141B(3): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 141B(4)(c)(iv): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 141B(7): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).