Immigration Act 2009

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
11 Meaning of absolute discretion of the decision maker

(1)

If a provision of this Act provides that a matter or decision is in the absolute discretion of the decision maker concerned, it means that—

(a)

the matter or decision may not be applied for; and

(b)

if a person purports to apply for the matter or decision, there is no obligation on the decision maker to—

(i)

consider the purported application; or

(ii)

inquire into the circumstances of the person or any other person; or

(iii)

make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and

(c)

whether the purported application is considered or not,—

(i)

the decision maker is not obliged to give reasons for any decision relating to the purported application, other than the reason that this section applies; and

(ia)

privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application; and

(ii)

section 27 of this Act and section 23 of the Official Information Act 1982 do not apply in respect of the purported application.

(2)

Subsection (1)(c)(ia) applies to any decision made in relation to a purported application, whether the decision was made before or after the commencement of that subsection.

Compare: 1987 No 74 ss 7(4), 12(4), 17(2), 25(3), 34B(3), 35A(2), 58(5), 130(6)

Section 11(1)(c)(ia): inserted, on 7 May 2015, by section 9(1) of the Immigration Amendment Act 2015 (2015 No 48).

Section 11(1)(c)(ia): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 11(2): inserted, on 7 May 2015, by section 9(2) of the Immigration Amendment Act 2015 (2015 No 48).