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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
143 Evidence in proceedings
  • (1) In any proceedings relating to any matter under this Act, whether before any Court or an Authority or the Board or the Tribunal, a certificate signed by an immigration officer and containing a statement in relation to any person to the effect that—

    • (a) the person is not a New Zealand citizen; or

    • (b) the person holds or at any material time held, or does not hold or did not at any material time hold, a visa or a permit; or

    • (c) any permit or visa granted to the person was granted for a specified period or on or until a specified date, or was granted for an express purpose, or is or was subject to specified conditions; or

    • (d) the person is or was at any material time, or is not or was not at any material time, exempt under this Act from the requirement to hold a permit; or

    • (e) the person, or any visa, permit, or other document relating to or held by the person, is not, or was not at any material time, the subject of a special direction given under this Act; or

    • (ea) an invitation to apply for residence was or was not issued to the person, or was or was not revoked (including the date of issue or revocation, where appropriate); or

    • (eb) a decision whether or not to issue or grant any visa or permit has been made; or

    • (ec) an immigration officer or a visa officer was or was not satisfied as to any relevant specified matter; or

    • (ed) whether or not a particular stage of processing an application had been reached; or

    • (ee) an automated electronic system was or was not applying criteria predetermined in accordance with Government residence policy; or

    • (ef) the result of the process described in paragraph (ee) has or has not been applied as the basis for a decision; or

    • (f) the person was removed or deported from New Zealand on a specified date, or that there is in force in respect of that person a removal order or deportation order; or

    • (g) for the purpose of obtaining any visa, the person while outside New Zealand made any statement or supplied any information to a visa officer that was false or misleading in any material respect or produced or surrendered to a visa officer any passport or certificate of identity or other document that was forged or obtained fraudulently; or

    • (h) for the purpose of obtaining any permit, or any variation of the conditions of any permit, or of claiming any exemption from the requirement to hold a permit, or in support of any appeal against removal or deportation from New Zealand, the person, while in New Zealand, produced or surrendered to an immigration officer any passport, certificate of identity, or other document that was forged or obtained fraudulently or that contained any visa or permit that was forged or so obtained; or

    • (i) the person is, or is not, in New Zealand or has, or has not, left New Zealand, or was or was not in New Zealand or had or had not left New Zealand at any particular time or for or during any particular period; or

    • (j) the person has, or has not, lodged an appeal under section 47; or

    • (k) the person is, or is not, a person to whom paragraph (a) or paragraph (b) of section 7(1) of this Act applies; or

    • (l) the person travelled to New Zealand on a certain commercial craft at a certain time; or

    • (m) the person travelled to New Zealand before a decision was made by the chief executive under section 125AB(1); or

    • (o) the person did not provide information requested by the chief executive under section 125AD(1); or

    • (p) the person did not provide the chief executive with access to information under section 125AD(3),—

    shall, in the absence of proof to the contrary established on the balance of probabilities, be deemed to be proof of the truth of the statement.

    (1A) In any proceedings relating to any matter under Part 6A, whether before any court or an Authority or the Board or the Tribunal, a certificate signed by an immigration officer or a refugee status officer and containing a statement in relation to any person to the effect that—

    • (a) the person has or has not, as at any material time, claimed to be a refugee in New Zealand (or elsewhere); or

    • (b) the person has or has not, as at any material time, been recognised as a refugee in New Zealand (or elsewhere); or

    • (c) the person, while in New Zealand, produced or surrendered to an immigration officer or refugee status officer any passport, certificate of identity, or other document that was forged or obtained fraudulently; or

    • (d) the person has, or has not, lodged an appeal under section 129O, or a matter is or is not before a refugee status officer under section 129L or the Refugee Status Appeals Authority under section 129R,—

    is to be treated as proof of the truth of the statement in the absence of proof to the contrary established on the balance of probabilities.

    (2) Where any such certificate contains a statement as to any matter specified in subsection (1)(g) of this section, the Court or the Tribunal or the Authority or the Board in its discretion, if it considers it fair and equitable to do so, may accept as evidence any statement, document, or information tendered by or on behalf of the person named in the certificate in rebuttal of that statement, whether or not the same would be otherwise admissible in a Court of law.

    (3) In any proceedings relating to any matter under this Act, whether before any Court or an Authority or the Board or the Tribunal, a certificate signed by an immigration officer and containing a statement to the effect that any specified form was or was not approved and issued by the Minister shall be sufficient evidence of the fact that it was or was not so approved and issued.

    (4) For the purposes of any proceedings under this Act, a document purporting to be a special direction given under this Act, or a record of such a direction, or a copy of such a direction or record, and certified to be such by the Minister or an immigration officer, shall be sufficient evidence of the fact that such a special direction was given under this Act in respect of the person named, or the permit, visa, or document described, and on the date specified, in the document or certificate.

    (4A) For the purposes of any proceedings under this Act, a certificate signed by the Minister or an immigration officer and containing a statement to the effect that any specified document did or did not express Government residence policy applicable on any date or dates specified in the certificate shall be sufficient evidence of the fact that the document did or did not express Government residence policy applicable on that date or those dates.

    (4B) For the purposes of any proceedings under this Act, a document purporting to be a removal order made under Part 2, or a copy of such an order that is certified to be such by the Minister or an immigration officer, shall be sufficient evidence of the fact that such a removal order was made under this Act in respect of the person named, and on the date specified, in the document or certificate.

    (5) Every person signing any certificate under this section shall, in the absence of proof to the contrary, be presumed to be duly authorised to sign it.

    (6) In any proceedings relating to any matter under this Act, a certificate signed by the Chief Executive of the New Zealand Customs Service stating that a particular place is or was a Customs controlled area of any particular type or a Customs place shall be sufficient evidence of the fact that that place is or was a Customs controlled area of that type or a Customs place, as the case may be.

    (7) For the purposes of any proceedings under this Act, section 6(2) of the Evidence Amendment Act 1952 (which contains presumptions as to documents executed outside New Zealand) does not apply, and the Court, Authority, Board, Tribunal, or other person or body conducting or in charge of the proceedings may—

    • (a) if it considers it fair and equitable to do so, accept as evidence any statement, document, or information tendered in respect of a document to which that section 6(2) would otherwise apply, whether or not it would be normally admissible in a court of law; and

    • (b) determine the credibility or weight (if any) to be given in the proceedings to the document concerned and its contents.

    Section 143(1): amended, on 18 November 1991, by section 46(1)(a) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1): amended, on 1 October 1999, by section 51(1)(a) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(c): amended, on 15 September 1993, by section 15 of the Immigration Amendment Act 1993 (1993 No 100).

    Section 143(1)(c): amended, on 1 October 1999, by section 51(1)(b) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(1)(ea): inserted, on 9 September 2003, by section 18 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(eb): inserted, on 9 September 2003, by section 18 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(ec): inserted, on 9 September 2003, by section 18 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(ed): inserted, on 9 September 2003, by section 18 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(ef): inserted, on 9 September 2003, by section 18 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(1)(f): amended, on 18 November 1991, by section 46(1)(b) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1)(h): amended, on 18 November 1991, by section 46(1)(c) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1)(i): inserted, on 18 November 1991, by section 46(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1)(j): inserted, on 18 November 1991, by section 46(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1)(k): inserted, on 18 November 1991, by section 46(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(1)(i): amended, on 1 October 1999, by section 51(1)(c) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(1)(j): amended, on 1 October 1999, by section 51(1)(d) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(1)(l): inserted, on 2 July 2004, by section 7 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 143(1)(m): inserted, on 2 July 2004, by section 7 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 143(1)(n): inserted, on 2 July 2004, by section 7 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 143(1)(o): inserted, on 2 July 2004, by section 7 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 143(1)(p): inserted, on 2 July 2004, by section 7 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 143(1A): inserted, on 1 October 1999, by section 51(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(1A): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(2): amended, on 1 October 1999, by section 51(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(2): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(3): amended, on 18 November 1991, by section 46(3) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(3): amended, on 1 October 1999, by section 51(4) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(3): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 143(4A): inserted, on 18 November 1991, by section 46(4) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(4B): inserted, on 18 November 1991, by section 46(4) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 143(4B): amended, on 1 October 1999, by section 51(5) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(6): inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 143(7): inserted, on 1 October 1999, by section 51(6) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 143(7): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).