Minors

At a glance

The Operational Manual includes a dedicated section, D6, for instructions concerning minors. [D6] A minor is a person under 18 who is not married or in a civil union. [D6.1] When a minor does not have a parent to represent their interests in certain immigration matters, a responsible adult must be nominated under D6.5. [D6.5] If a minor is to be detained under the Immigration Act 2009, a responsible adult must represent their interests, and detention is permitted only in exceptional circumstances with the approval of the National Manager, Border and Compliance Operations. [D6.30] Once nominated, that adult exercises limited rights and responsibilities defined in D6.10. [D6.10] In any proceedings or process under D6.5(a) relating to a minor, the minor must be given an opportunity to express their views, with due weight given to their age and maturity. [D6.15] When a minor is subject to a removal or deportation order without an accompanying parent or guardian, immigration officers must make all reasonable efforts to agree travel arrangements with the parent or guardian; if that fails, they must arrange travel in consultation with the nominated responsible adult or the Chief Executive of Oranga Tamariki. [D6.25]

Definition

A minor is a person who is under 18 years of age and who is not married or in a civil union. [D6.1] See also Immigration Act 2009 s 375.

Responsible adult nomination

If a minor does not have a parent to act as a responsible adult to represent their interests in matters such as deportation liability, refugee/protection claims, appeals, review proceedings, or detention under the Immigration Act 2009, a responsible adult must be nominated. [D6.5]

The responsible adult is nominated by the Immigration and Protection Tribunal, an immigration officer, a refugee and protection officer, or a Judge, as the case may require. [D6.5]

A person may be nominated as a responsible adult only if they meet the following criteria: [D6.5]

• the person is 20 or older; [D6.5]
• except in the case of a parent or guardian, the person is a New Zealand citizen, resident or permanent resident; [D6.5]
• the person is either:
  • 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 chief executive of the department responsible for the Children, Young Persons, and Their Families Act 1989; [D6.5]
• except in the case of a parent or guardian, the person agrees in writing to be nominated as a responsible adult. [D6.5]

A substitute responsible adult may be nominated if the need arises, after reasonable consultation, in accordance with the same requirements. [D6.5]

The responsible adult must supply an address in New Zealand for service of any matter concerning the minor. [D6.5]

Roles and rights of responsible adult

The role of a responsible adult is limited to the matters or proceedings for which the nomination was made. [D6.10] It finishes when the minor leaves New Zealand, or when the matter or proceedings are complete, whichever occurs first. [D6.10]

On behalf of the minor, the responsible adult may: [D6.10]

• appeal to the Immigration and Protection Tribunal under Part 7 of the Immigration Act 2009;
• appeal to the High Court under section 245 of the Immigration Act 2009;
• bring review proceedings in the High Court in accordance with the Immigration Act 2009. [D6.10]

The responsible adult may make submissions to the Immigration and Protection Tribunal and may appear and be heard in any District Court proceedings under the Act relating to the minor. [D6.10]

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 the minor's behalf, if appropriate. [D6.10]

Any document that must be served on or notified to the minor must instead be served on or notified to the responsible adult; such service or notification is presumed to be service on or notification to the minor. [D6.10] This specifically applies to deportation orders: under D6.20, if the subject of a deportation order is a minor, the order must be served on the nominated responsible adult. [D6.20]

Views of the minor to be considered

In any proceedings or process of a kind referred to in D6.5(a) relating to a minor, the minor must be given an opportunity to express their views on the matter, whether personally or through a responsible adult. [D6.15] Due weight is to be given to those views, taking into account the minor's age and level of maturity and understanding. [D6.15] (See also Immigration Act 2009 s 377.)

Execution of removal or deportation orders on a minor

When a minor is to be deported from New Zealand and no parent or guardian will be accompanying them, immigration officers must make all reasonable efforts to contact the minor's parent or guardian to agree on suitable travelling arrangements. [D6.25]

If agreement on travel arrangements cannot be reached, the immigration officer must make travel arrangements for the minor in consultation with either: [D6.25]

• the nominated responsible adult for the minor; or
• if consultation with the nominated responsible adult is not possible or practicable, the Chief Executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 (currently Oranga Tamariki). [D6.25]

This obligation complements the responsible adult framework (see [D6.5]), ensuring that where parental accompaniment is absent, the minor's welfare and travel arrangements are addressed through either the nominated adult or child welfare authorities. [D6.5][D6.25]

Detention of minors

A minor who is to be detained under the Immigration Act 2009 must have a responsible adult to represent their interests. [D6.30] A minor may be detained only in exceptional circumstances, and the approval of the National Manager, Border and Compliance Operations, is required for any such detention. [D6.30] This requirement applies to any detention under the Act, whether under a warrant of commitment or other detention powers. The responsible adult framework under D6.5 ensures the minor's interests are represented throughout the detention process. [D6.5][D6.30]

Application in decisions

The D6.1 definition of minor applies generally to immigration instructions. Decision‑makers must treat any person meeting the D6.1 criteria as a minor and, where they lack a parent representative, ensure a responsible adult is nominated under D6.5 before proceedings that affect the minor. [D6.1][D6.5] Before a minor may be detained, the decision-maker must further ensure that the detention is only in exceptional circumstances and has obtained the approval of the National Manager, Border and Compliance Operations under D6.30. [D6.30] Once nominated, the responsible adult may exercise the rights under D6.10, including receiving documents on the minor's behalf and making submissions to the Tribunal or court. [D6.10] In addition, the minor must be given an opportunity to express their views in accordance with D6.15, and the decision‑maker must give due weight to those views based on the minor's age and maturity. [D6.15]

Consent for temporary entry applications by unmarried minors

Where an application for a visa is made by or for a person under 18 years of age who is not married or in a civil union, the Minister or an immigration officer may decline the application if the Minister or immigration officer is not satisfied that any parent or guardian of the person consents to the making of the application. [E8.5]

Interpretation & edge cases

The D6.1 definition fills the gap that previously existed in section D6. It now provides a universal test for all immigration contexts. [D6.1] A person who is married or in a civil union, even if under 18, is not a minor for the purpose of the instructions. [D6.1]

The responsible adult nomination framework under D6.5 operates broadly across the Immigration Act 2009, including deportation, refugee/protection claims, appeals, and detention. [D6.5] It is not limited to refugee contexts; specific procedural rules for refugee claims appear in C7.1.5. [D6.5] The requirement that a nominated adult (other than a parent or guardian) be a New Zealand citizen or resident ensures a local jurisdictional contact. [D6.5] If no suitable family or suggested person is available, a designated child welfare officer serves as a last-resort safeguard. [D6.5] The written consent requirement also ensures that the nominated person has knowingly accepted the role. [D6.5]

Under D6.10, the responsible adult's authority is tied strictly to the specific matter for which they were nominated and ends automatically when the minor departs New Zealand or the matter concludes. This prevents open‑ended representation and ensures procedural clarity. [D6.10]

The obligation under D6.15 to consider the minor's views applies across all proceedings listed in D6.5(a) — deportation, refugee/protection claims, appeals, and detention. [D6.5][D6.15] The minor may express views personally or through the responsible adult; the decision‑maker must evaluate them taking into account the minor's age and maturity. [D6.15]

Under D6.30, the requirement for exceptional circumstances and National Manager approval applies to any detention under the Immigration Act 2009, not only to detention under a warrant of commitment. While D5.65 imposes a similar requirement at the Branch Manager level for warrant and overnight detention, the D6.30 standard is the general rule and requires the higher-level National Manager approval. This provides an additional safeguard for minors facing detention. [D6.30]

Child victims of people trafficking who are minors may apply for a special student visa to study at primary or secondary school. See Student Visa for Child Victims of People Trafficking.

Citations

• D6 — Minors
• D6.1 — Definition of 'minor'
• D6.5 — Nomination of responsible adult
• D6.10 — Roles and rights of responsible adult
• D6.15 — Views of minor to be considered
• D6.20 — Serving a deportation order on a minor
• D6.25 — Executing a removal order or deportation order on a minor
• D6.30 — Detention of minors
• E8.5 — Application for temporary entry by unmarried person under 18 years of age