A15 Immigration Officer Warrants and Delegations
A15.1 Making decisions in terms of the Immigration Act
- a.All references to the Immigration Act within this chapter refer to the Immigration Act 2009.
- b.To make immigration decisions under the Immigration Act a person must be designated by the chief executive as an immigration officer (see A15.1.10) or a refugee and protection officer (see A15.1.25).
- c.In addition, from time to time the Minister of Immigration may delegate some of his or her powers under the Immigration Act to immigration officers. These delegations are listed in schedules (see A15.5). Some delegations are for a whole class of officers (for example for all technical advisors); some can only be exercised by officers in particular roles, and are not related to a position in the hierarchy. Further, delegations may effectively act as an administrative constraint on the exercise of statutory decision-making powers.
- d.Where a person has not been designated as an immigration officer or a refugee and protection officer, they cannot make any immigration decisions. In addition, the Minister may not delegate any other powers to a person who is not an immigration officer.
- e.A person who is designated as a refugee and protection officer cannot also be designated as an immigration officer, and vice versa.
- f.To be able to:
- i.sign or cancel a deportation order, or
- ii.consider or cancel a person’s liability for deportation
- an immigration officer must be specifically authorised by the chief executive as having the power to do so.
- g.The chief executive of the Ministry of Business, Innovation and Employment may at any time revoke a designation (see A15.1.30).
- a 移民官员：
- i 主要的行政，由高级移民官员授权的移民官员；
- ii 包括由高级移民官授权做移民官的海关官员；
- iii 由高级移民官授权做移民官的任何人；
- iv 包括政府在另一个国家的驻派人员，新西兰政府代表；
- b 需要明确移民官员的功能和权力。官员不应该任意行使权利，除非有特别的授权等等；
- c 由高级移民官员授权的难民保护官员，可以行使所有的权利，前提是以保护难民为目的；
- a.An immigration officer:
- i.is the chief executive, and every person who has been designated by the chief executive as an immigration officer;
- ii.includes any Customs officer designated by the chief executive as an immigration officer, whether individually or by class or position for the purposes of Parts 3 and 4 and sections 279, 280, 282-285, 366 and 367 of the Immigration Act 2009, and regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010;
- iii.includes any person designated by the chief executive as an immigration officer, whether individually or by class or position, who:
- ois a head of mission or head of post; or
- ois a member of staff at a New Zealand overseas mission or post who is authorised by the head of mission or head of post to exercise consular functions; or
- ois a member of staff of an overseas branch of the Ministry of Business, Innovation and Employment Department of Labour; or
- ois in the service of the Government of another country;
- iv.includes any other person, including a person employed in the service of the Government of another country, who acts as an agent for the Government of New Zealand in the performance of consular functions, either pursuant to an agreement between the Government of another country and the Government of New Zealand or pursuant to a request by an immigration officer employed in the service of the Government of New Zealand.
- b.The chief executive must specify which functions and powers an immigration officer is authorised to exercise under this Act. An officer may not perform any functions or exercise any powers under this Act unless specifically authorised by the chief executive.
- c.A person who has been designated by the chief executive as a refugee and protection officer may perform all the functions and exercise all the powers of a refugee and protection officer.
- a 需要满足下列条件：
- i 完成训练课程(由Ministry of Business协调安排，创新和employment 技术训练)；
- ii 特殊领域证明自己的能力；
- iii 有能力实现移民官员的职责，胜任移民官的工作；
- b 然而，高级移民官员可能决定作为移民官的条件，是否适合；
- c 管理者需要对高级移民官做出要求，使用合适的表格，在管理者满足移民官人选条件的时候进行选择；
- i 完成了要求的培训课程；
- ii 特殊领域的能力；
- iii 可以胜任作为移民官；
- d 高级移民官员决定授权移民官，会以书面形式通知相应的人员等相关的细节；
- e 授权：
- i 会一直有效，直到权利被取消；
- ii 需要遵循某些限制或者特殊的条件；
A15.1.10 Process for being designated as an immigration officer
- a.To be designated as an immigration officer a person must:
- i.complete a training schedule (coordinated by the Ministry of Business, Innovation and Employment technical trainers); and
- ii.demonstrate competence in a number of specified areas; and
- iii.be deemed competent to carry out the functions of an immigration officer.
- b.However, the chief executive may otherwise designate an individual as an immigration officer as he or she sees fit.
Note: the chief executive need not be issued with a warrant of designation, and may perform or exercise all the powers and functions of an immigration officer under this Act.
- c.The manager should make a request to the chief executive, using the appropriate form, that a person be designated as an immigration officer when the person’s manager is satisfied that the person:
- i.has completed the required training; and
- ii.can demonstrate competence in a number of specified areas; and
- iii.should be designated as an immigration officer.
- d.If the chief executive decides to designate the person as an immigration officer, a letter will be sent to the person detailing any relevant delegated powers the person may exercise.
- e.Any such designation or authorisation:
- i.continues in force according to its tenor until it is revoked, even if the chief executive who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive;
- ii.is subject to such restrictions or conditions as the chief executive specifies in writing in the warrant of designation.
- a 移民官，包括customs officers等等根据1987移民法案授权的移民官与根据2009移民法案授权的移民官有同样的权利；
- b 根据1987移民法案授权的签证官员，与根据2009移民法案授权的移民官权利一样，可以决定新西兰境外的签证申请；
A220.127.116.11 Transitional provisions regarding immigration officers
From commencement of the Immigration Act 2009:
- a.immigration officers, including customs officers, designated under the Immigration Act 1987 must be treated as immigration officers designated under the Immigration Act 2009 who are authorised to exercise visa and entry permission decision-making powers; and
- b.visa officers designated under the Immigration Act 1987 must be treated as immigration officers designated under the Immigration Act 2009 who are authorised to make decisions relating to visas outside New Zealand.
- a 移民官被授权某些权利或者更多的执行权利等；
- b 一般包括如下的几点：
- i 决定签证申请；
- ii 决定入境许可；
- iii compliance and enforcement;
- iv 决定延迟的权利；
A15.1.15 Immigration officers’ functions and powers
- a.An immigration officer may be authorised to perform or exercise individual functions and powers, or functions and powers of one or more classes.
- b.Functions and powers may be classified as follows:
- i.visa decision-making;
- ii.entry permission decision-making;
- iii.compliance and enforcement;
- iv.the power of detention.
A 15.1.20 期限
- a 被授权的移民官的各种权利是有期限的，由高级移民官决定：
- i 根据178节，可以驱逐出境的权利；
- ii 入境检查的权利；
- iii 276，277以及278节；
- iv 279，280，281和288中的，要求相应的信息或者文件以保证与法案相符；
- v 282，283，284以及285中规定的权利；
- vi 286中入境和检查的权利；
- vii 287中在某人驱逐逐境期间可以调查并获得相关的信息的权利；
- viii 312下拘留某人的权利；
- b 规定的期限内，授权的移民官可以执行其规定的某些权力；
- c 授权有效期的移民官需要接受相应的培训；
- d 任何时候，移民官(包括警署移民官)；
- i 寻找建筑物入口，建筑物入口等等侦查能力；
- ii 锻炼看守的能力；
- e 移民官员(包括高级警署)，除以上提到的权利，同样要求口头做出要求等的能力；
- f 高级警署锻炼作为移民官的能力，需要符合最初授权的标准；
- g 尽管没有授权进行锻炼的移民官员同样规定了某些能力的期限；
- h 授权需要符合：
- i 未使用时安全放置；
- ii 由授权的移民官行使规定的权利；
- iii 按照法律规定的要求进行；
- iv 授权移民官离开相应职位后，权利由高级移民官员收回；
A15.1.20 Warrant of designation
- a.An immigration officer authorised to exercise one or more of the following powers must be issued with a warrant of designation, signed by the chief executive, specifying which of those powers the officer may exercise:
- i.the power to deport a person under section 178;
- ii.the power of entry and inspection under sections
- iii. 276, 277, and 278;
- iv.the powers under sections 279, 280, 281, and 288 to require information or documents for the purpose of ensuring compliance with this Act;
- v.the powers under sections 282, 283, 284, and 285 at a border;
- vi.the power of entry and search under section 286;
- vii.the power to obtain certain information pending a person’s deportation under section 287;
- viii.the power to detain a person under section 312.
- b.A warrant is sufficient evidence of an officer’s designation as an immigration officer and the officer’s authorisation to perform the functions and exercise the powers specified in it.
- c.To be issued with a warrant, the immigration officer must have received suitable training.
- d.Whenever an immigration officer (including a constable exercising the powers of an immigration officer):
- i.seeks entry to any premises, building, or craft in the course of exercising a power; or
- ii.exercises a power of detention the officer must produce their warrant of designation and, if requested, state the provision or provisions of the Act under which they are acting.
- e.An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in (a) above, orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person.
- f.A constable exercising the powers of an immigration officer can meet the requirement to produce his or her warrant of designation by being in uniform or by producing their badge or other evidence of being a constable.
- g.Notwithstanding (a) above immigration officers who are not authorised to exercise any of those powers may also be issued with a warrant of designation.
- h.The warrant of designation must be:
- i.in a secure place when not in use; and
- ii.used only by the officer to whom it is issued; and
- iii.produced in circumstances where production is required by law (as described in (d) and (e) above); and
- iv.returned to the chief executive of the Ministry of Business, Innovation and Employment when the officer leaves the Ministry or moves to a position which does not require them to exercise the functions of an immigration officer.
- a 完成相应的训练课程(由新西兰移民局训练官进行的)；
- b 证明某些领域的特殊的能力；
- c 可以完美的执行作为授权移民保护者的职责；
A15.1.25 Process for being designated as a refugee and protection officer
To be designated as a refugee and protection officer a person must:
- a.complete a training schedule (coordinated by Immigration New Zealand trainers); and
- b.demonstrate competence in a number of specified areas; and
- c.be deemed competent to carry out the functions of a refugee and protection officer.
- a 所有由高级移民官授权的移民官或者难民保护官员也有可能被书面形式通知撤销权利；
- b 授权移民官进行能力的训练也可能以书面形式通知取消；
- c 当被授权的人离开职位，授权失效；
- d 授权已经失效的或者被取消的人，需要放弃一切由高级官员授权的权利；
A15.1.30 Revocation or lapsing of designations
- a.Every designation by the chief executive of a person as an immigration officer or a refugee and protection officer, or for any other purpose under this Act, is revocable in writing at will.
- b.Every authorisation of an immigration officer to exercise a power or perform a function is revocable in writing at will.
- c.A designation lapses when the person leaves the Ministry or the service or employment in respect of which the person was designated.
- d.A person whose designation has lapsed or been revoked must immediately surrender the warrant of designation to the chief executive.
- 1.REVOKE the Instrument of Delegation dated 21st day of June 2013 previously made under that section;
- 2.DELEGATE, to each immigration officer who is the holder (or is acting as the holder) from time to time of any office or position specified in each of the Schedules to this Instrument, and is suitably trained and qualified, the powers under the Immigration Act 2009 specified in relation to that office or position in the relevant Schedule, but subject to any conditions listed in those Schedules; and
- 3.DELEGATE to every immigration officer the power to take the practical steps necessary under that Act to implement a decision taken by another immigration officer pursuant to this Instrument of Delegation. Any person who exercises any power pursuant to this Instrument of Delegation shall do so in accordance with the Government policy and Departmental instructions that are current at the time, as set out from time to time in the Immigration New Zealand Operational Manual and circular instructions on Immigration.