Department of Labour v Feao - [1980] 1 NZLR 124

Immigration — Evidence in prosecution for overstaying — Temporary entry permit issued before 19 October 1978 in form approved by Minister acting under reg 3A(1) of the Immigration Restriction Regulations 1930, as introduced in 1962 — In 1978 it was found that reg 3A(1) was ultra vires in providing that the Minister rather than the Governor-General in Council might prescribe the form of permit — Immigration Amendment Act (No 2) 1978 required that every permit granted or issued before 19 October 1978 "shall be deemed for all purposes to have been validly granted or issued if it was issued in a form for the time being approved by the Minister" — In a prosecution under s 14(5) of the Immigration Act 1964 for overstaying after the expiry of a temporary permit, the Department relied on a certificate under s 34(2) to prove that the defendant was the holder of a temporary permit that had expired — Whether, in a case where the permit was not in a form prescribed by the Governor-General in Council, the statement in the certificate was proof of the fact that the permit issued to the defendant was issued in a form for the time being approved by the Minister.