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StatuteImmigration Act 2009

Section 11 — Immigration Act 2009: Meaning of absolute discretion of the decision maker

Text of the provision Official document

11 Meaning of absolute discretion of the decision maker 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 (ii) section 27 of this Act and section 23 of the Official Information Act 1982 do not apply in respect of the purported application. Compare: 1987 No 74 ss 7(4) , 12(4) , 17(2) , 25(3) , 34B(3) , 35A(2) , 58(5) , 130(6)

Official source: legislation.govt.nz

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