Ngata v Department of Labour (Note) - [1980] 1 NZLR 130

Immigration — Validity of form of entry permit — Section 38 of the Immigration Act 1964 provides that the Governor-General may from time to time, by Order in Council, make regulations prescribing forms — Regulation 3A(1) of the Immigration Restriction Regulations 1930, introduced in 1962, provided that "any form of entry permit approved by the Minister . . . shall be deemed to be a prescribed form . . . " — Defendants appealed against convictions under s 14(5) for overstaying after the expiry of a temporary permit on the ground that the permits issued to them were invalid because they were in a form prescribed by the Minister, whereas the power to prescribe forms was given by the Act of the Governor-General only — Held that reg 3A(1) was invalid as it purported to delegate to the Minister a legislative power already delegated to the Governor-General — Appeals were allowed and the convictions and orders for deportation quashed.