Complaints against Immigration New Zealand

Lodge a complaint about Immigration New Zealand’s service or conduct (excluding review of visa decisions).

Status: active
Updated: 2026-04-25
Sources: A9A9.1A9.5A9.10A9.15A10A10.1A10.5A10.10A11A11.1A11.5

At a glance

Individuals dissatisfied with Immigration New Zealand’s service, conduct, or decisions can lodge a complaint under the instructions in A9. [A9] However, the Complaint and Feedback Process (CFP) does not provide an avenue to review declined visa applications, invitations to apply for residence, or section 61 requests. [A9.1]

Separate from the CFP, external oversight bodies—the Office of the Ombudsman, the Privacy Commissioner, the Human Rights Commissioner, the Race Relations Commissioner, and the UN Human Rights Committee—can receive complaints about INZ and may also initiate investigations on their own initiative. [A9.5]

Under the Ombudsmen Act 1975, the Ombudsman may investigate INZ’s administrative decisions, form opinions on their legality or fairness, and recommend remedies. [A9.10] When an Ombudsman investigation concerns a complainant facing deportation, the complainant is generally protected from deportation until the investigation concludes. [A9.10]

How it works

The complaints process ensures that INZ handles complaints fairly and efficiently. Complaints may relate to processing delays, errors, or the behaviour of INZ staff. [A9] INZ expects clients to use the CFP before approaching the Office of the Ombudsmen. [A9.1] INZ aims to respond within 25 working days and, if it identifies an error, will provide an appropriate remedy. [A9.1]

When an external commissioner investigation is underway, INZ must keep the parties at arm’s length. Anyone contacting INZ about the investigation must be referred to the relevant commissioner’s office. [A9.5] However, a complainant may still approach INZ to make an enquiry, lodge a visa application, or request a visa under section 61 of the Immigration Act 2009. [A9.5] All correspondence from investigators or commissioners should be referred to the Complaints team, Assurance. [A9.5]

Specifically to other commissioners (the Human Rights Commissioner, the Race Relations Conciliator, and the United Nations Human Rights Committee), the procedures for dealing with correspondence are the same as for complaints to the Ombudsmen; all such correspondence should also be referred to the Manager, Complaints team, Assurance. [A11.5]

Specifically, under A10.10, the Complaints team in the Assurance branch is responsible for answering correspondence from the Office of the Privacy Commissioner about complaints made under the Privacy Act 2020. Any other office approached about a case that is the subject of a Privacy Commissioner’s investigation must refer details to the Manager, Complaints. [A10.10]

In relation to the Ombudsman specifically, the Ombudsmen Act 1975 provides further detail. The Ombudsman can investigate on complaint or on their own motion any administrative decision, recommendation, act, or omission by INZ. [A9.10] After investigating, the Ombudsman may form an opinion that the decision was contrary to law, based on a mistake of fact or law, unreasonable, unjust, oppressive, improperly discriminatory, or made for an improper purpose, or that reasons should have been given. [A9.10] The Ombudsman may then recommend that INZ reconsider, vary, or cancel the decision, give reasons, or alter the practice at issue. [A9.10] If INZ does not act, the Ombudsman can report to the Prime Minister and Parliament. [A9.10] The Ombudsman will inform the complainant of the result. [A9.10] Note that the Ombudsman cannot enforce their recommendations. [A9.10]

The Ombudsman also handles complaints under the Official Information Act 1982. When INZ refuses to release official information, the Ombudsman can investigate and recommend release. [A9.10] Unless an Order in Council directs otherwise, a public duty to observe the recommendation arises on the 21st working day after the recommendation is made. [A9.10]

The Human Rights Commissioner, the Race Relations Conciliator, and the United Nations Human Rights Committee are also authorised to receive complaints and investigate INZ’s activities. [A11] Investigations may also originate from within those organisations themselves. [A11.1]

Privacy Commissioner

Under the Privacy Act 2020, the Privacy Commissioner has the following functions [A9.15][A10.1]:

Making public statements on matters affecting individual privacy.
Investigating complaints about breaches of privacy.
Building and promoting an understanding of the privacy principles.
Monitoring and examining the impact that technology has on privacy.
Developing codes of practice for specific industries or sectors.
Examining draft legislation for its possible impact on individual privacy.
Monitoring data matching programmes between government departments.
Inquiring into any matter where it appears that individual privacy may be affected.
Receiving reports of notifiable privacy breaches.
Monitoring and enforcing compliance with the Privacy Act.
Reporting to government on matters affecting privacy, both domestic and international.

The Privacy Commissioner also acts under sections 17, 20, 71 and 72 of the Privacy Act 2020. [A9.15][A10.1]

If a person enquires about an investigation that the Privacy Commissioner is currently conducting (following a complaint under the Privacy Act 2020), they must be advised to approach the Office of the Privacy Commissioner about the matter. [A10.5]

Section A10.1 of the operational manual now provides these functions [A10.1], while the previous A10 heading referred to the role. [A10]

Steps

The A9 instructions set out how to make a complaint and how it will be investigated. Refer to the full A9 instructions for the specific steps involved. [A9] Complaints must be in writing via the Online Feedback Page, email to INZComplaintsandFeedback@mbie.govt.nz, or post to the Central Feedback Team at PO Box 1473, Wellington 6140. [A9.1] The Online Feedback Page can also be used for compliments and suggestions. [A9.1]

If an external investigation is active, direct any queries about it to the relevant commissioner’s office, not INZ. You may still submit visa applications or enquiries to INZ during an investigation. [A9.5] Any commissioner correspondence you receive should be forwarded to the Complaints team, Assurance. [A9.5]

Interpretation & edge cases

Complaints under A9 are distinct from formal appeals or judicial reviews. Policies for those are separate. Complaints about individual visa decisions may be subject to different processes. [A9] The CFP’s remedy is limited to service errors; it cannot overturn visa decisions. [A9.1]

Complaints to external commissioners are subject to an arm’s length principle while under investigation. INZ will not discuss the merits of an active external investigation directly with the parties. [A9.5] INZ may, however, communicate directly with a complainant in the context of such investigations when appropriate. [A9.5]

Specific provisions apply to Ombudsman investigations and deportation. If the Ombudsman notifies INZ of an investigation, a complainant who has been served with a deportation order will not be deported before the investigation concludes. [A9.10] However, if the complainant is already in custody pending deportation, the hold does not apply and deportation may proceed. [A9.10] If a deportation order is served after notification, the complainant will not be taken into immigration custody and deported until the investigation ends. [A9.10] INZ reserves the right to proceed with deportation in any case, if authorised by the Manager, Complaints. [A9.10] INZ may still assemble travel documents and make contingent arrangements. [A9.10] Additionally, the Ombudsman’s recommendations are not legally enforceable, though a report to Parliament creates political pressure. [A9.10] For OIA complaints, the recommendation becomes binding after 21 working days, giving it more practical force. [A9.10]

By contrast, for complaints to other commissioners (the Human Rights Commissioner, the Race Relations Conciliator, or the United Nations Human Rights Committee), there is no right to remain in New Zealand pending the outcome of the complaint. [A11.5]