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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Schedule 3C
Provisions relating to Refugee Status Appeals Authority

s 129N(8)

  • Schedule 3C: inserted, on 1 October 1999, by section 59 of the Immigration Amendment Act 1999 (1999 No 16).

1 Term of office
  • (1) Every member of the Authority is to hold office for such period not exceeding 4 years as is fixed in the member's warrant of appointment.

    (2) Any member of the Authority may at any time be removed from office by the Minister for disability affecting the performance of his or her duties, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister, or may at any time resign the office by writing addressed to the Minister.

    (3) Notwithstanding that the term of office of a member of the Authority has expired or that a member of the Authority has resigned, the member is deemed to continue as a member of the Authority for the purpose of deciding any matter that was wholly heard before the expiry of the term of office or before the resignation took effect, as the case may be.

2 Chairperson
  • (1) The Minister may from time to time, by notice in writing, designate 1 of the members of the Authority as the chairperson of the Authority for such period as the Minister thinks fit and specifies in the notice.

    (2) The chairperson is responsible for making such arrangements as are necessary or desirable to ensure the orderly and expeditious discharge of the functions of the Authority.

    (3) Any member holding the office of chairperson may—

    • (a) at any time be removed from the office of chairperson by the Minister:

    • (b) at any time resign the office of chairperson by notice in writing addressed to the Minister.

    (4) If the person holding the office of chairperson ceases to be a member of the Authority, he or she immediately vacates the office of chairperson.

3 Deputy chairperson
  • (1) The Minister may from time to time designate a member or members of the Authority as deputy chairperson or chairpersons of the Authority, and may at any time revoke any such designation.

    (2) If the chairperson of the Authority is unable, by reason of illness, absence from New Zealand, or other sufficient cause, to act as chairperson, any person for the time being designated under subclause (1) is to act as the chairperson.

    (3) The fact that any person for the time being designated under subclause (1) acts as chairperson of the Authority is conclusive evidence of that person's authority to do so.

4 Fees and allowances
  • (1) There is to be paid out of money appropriated by Parliament for the purpose to the chairperson (if any) and to the other members of the Authority remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the Authority were a statutory Board within the meaning of that Act.

    (2) Without limiting subclause (1), the remuneration paid to the chairperson (or any person acting for the chairperson) may be at a rate which is different from the rate of remuneration paid to the other members of the Authority.

5 Staffing
  • The Authority is to be serviced by employees of the Department of Labour, not being employees who are also currently employed to consider applications for permits under this Act or employed to administer Part 2 or designated for the purpose of section 129E as refugee status officers, and the Department is to provide such other resources as may be necessary to enable the Authority to carry out its functions under this Act.

6 Authority to have seal
  • The Authority is to have a seal which is to be judicially noticed in all courts and for all purposes.

7 Authority to be Commission of Inquiry
  • The Authority has the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908 within the scope of its jurisdiction, and, subject to Part 6A and any regulations made under it, all the provisions of that Act except sections 11 and 12 (which relate to costs) apply to the Authority as if it were a Commission of Inquiry.

8 Procedure
  • (1) Subject to this Act and to any regulations made under it, the procedure of the Authority is to be such as the Authority thinks fit.

    (2) Proceedings before the Authority may not be held bad for want of form.

9 Inquiries and evidence
  • (1) For the purposes of any appeal under section 129O or other matter under section 129R, the Authority may make such inquiries and obtain such reports (if any) as it considers necessary and is not bound by any rules of evidence but may inform itself in such manner as it thinks fit.

    (2) Subject to subclause (1) of this clause and to section 143(7), the Evidence Act 2006 applies to the Authority in the same manner as if the Authority were a court within the meaning of that Act.

    Clause 9(2): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

10 Members of Authority not personally liable
  • No member of the Authority is personally liable for any act done or omitted to be done by the Authority or by any member of it in good faith in pursuance or intended pursuance of the powers and functions of the Authority.

11 Annual report
  • (1) The chairperson of the Authority must in each financial year make a report to the Minister on the exercise of its functions under this Act in respect of the financial year ending in that year, and the Minister must present a copy of any such report to the House of Representatives within 20 sitting days after receiving it.

    (2) The report to the Minister must include the following information:

    • (a) the membership of the Authority:

    • (b) the number of cases dealt with by the Authority (classified by type, where appropriate):

    • (c) the number of claims for refugee status upheld, withdrawn, and declined:

    • (d) the number of claims excluded on the basis of Article 1F of the Refugee Convention:

    • (e) a breakdown of the gender of claimants:

    • (f) the number of claimant children.

12 Publication of decisions for research purposes
  • Any publication for research purposes by the Authority of a decision made by it, other than publication to persons involved in the matter or in the administration of Part 6A, must be edited in such a way as to remove the name of the appellant or other affected person, and any particulars likely to lead to the identification of the appellant or person.