Y4.40 Detention of minors

Immigration Act 1987 s 141B

1. A minor who is to be detained under section 128 or 128B of the Immigration Act 1987 must have a responsible adult to represent their interests.
2. A minor may be detained only in exceptional circumstances, and the approval of the Market Manager, Border & Investigations, is required for any such detention.

Y4.40.1 Definition of 'minor'

Immigration Act 1987 s 141B

A minor is an unmarried, dependent child who is under 17 years of age.

Y4.40.5 Nomination of responsible adult

Immigration Act 1987 s 141B

1. If one or more of the minor's parents are also to be detained under section 128 or 128B, that parent:
   1. must represent the minor's interests; and
   2. is the responsible adult for the minor.
2. If a minor who is to be detained does not have a responsible adult to represent their interests, an immigration officer or, if appropriate, a Judge, must appoint one.
3. A person may be appointed as a responsible adult only if:
   1. the person is 20 or more years of age; and
   2. 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
   3. the person is any of the following:
      • a parent, guardian or relative of the minor; or
      • a person suggested by the minor; or
      • any other person having responsibility for the minor or who is otherwise suitable to represent the minor's interests; or
      • if no other suitable person is available, a person designated by the Director-General of Social welfare; and
   4. (except in the case of a parent or guardian of the minor) the person agrees in writing to be appointed as a responsible adult.
4. Should the need arise, and after reasonable consultation, a substitute responsible adult may be appointed.
5. A responsible adult who is representing the interests of the minor in detention must supply an immigration officer with an address in New Zealand at which they may be notified of any matter concerning the minor.

Y4.40.10 Roles and rights of responsible adult

Immigration Act 1987 ss 141B, 141C

1. The role of a responsible adult relates to those matters or proceedings for which the nomination was made.
2. The role of responsible adult finishes when the minor leaves New Zealand.
3. The responsible adult may appear and be heard in any District Court proceedings under the Immigration Act 1987 relating to the minor.
4. To the extent practicable given the level of maturity and understanding of the minor, the responsible adult must try to find out the views of the minor and make them known on behalf of the minor, if appropriate.
5. Any document that must be served on or notified to the minor must instead be served on or notified to the responsible adult, and such service or notification is presumed to be service on or notification to the minor.

Y4.40.15 Views of minor to be considered

Immigration Act 1987 s 141D

1. In any matter relating to the detention of a minor, as far as practicable, the minor must be given an opportunity to express their views on a matter, whether personally or through a responsible adult.
2. The immigration officer must give due weight to those views taking into account the minor's age and level of maturity and understanding.

Effective 01/10/1999