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Immigration Act 2009

Compliance and information - Power to access address information

274: Certificate requiring production of address information

You could also call this:

“Officer can request address details for potential deportees”

If an immigration officer thinks someone might be deported or might become liable for deportation after some investigating, they can make a special certificate. This certificate can be about a person or about a place where that person might have lived.

If the certificate is about a person, the officer can include any fake names they think the person might be using.

When the officer shows this certificate to certain people or groups mentioned in [section 275], those people or groups must let the officer look at and copy any information they have that could help. This information could show where the person is now or where they were before. If the certificate is about a place, the information could show who lives there now or who lived there before.

Even if other laws say they can’t share this information, the people or groups still have to do it when shown this certificate. They won’t get in trouble for sharing the information when the officer asks for it with the certificate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441013.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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273: Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278, or

“Defining types of records in specific sections”

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275: Persons required to provide access to address information, or

“Who can be asked to give information about where you live or who you are”

Part 8 Compliance and information
Power to access address information

274Certificate requiring production of address information

  1. An immigration officer may prepare a certificate in the prescribed form if the officer has good cause to suspect that—

  2. a particular person may be, or may become as a result of investigations, liable for deportation; or
    1. particular premises are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who may be, or may become as a result of investigations, liable for deportation.

      1. A certificate prepared under subsection (1)(a) may, where the officer believes that the person concerned may be using 1 or more aliases, include any such alias.

      2. On being provided with a certificate prepared under subsection (1), any person referred to in section 275, or any officer or employee of any department, agency, or body referred to in that section, must produce for inspection by the officer and provide a copy of, or allow the officer to copy, any record or other information held by and reasonably available to that person, department, agency, or other body that may help to establish,—

      3. in the case of a certificate prepared under subsection (1)(a), the present whereabouts of the person named in the certificate or that person’s whereabouts at any time in the past; or
        1. in the case of a certificate prepared under subsection (1)(b), the name of the present occupier or any of the present occupiers of the premises or the name of the occupier or any of the occupiers of the premises at any time in the past.

          1. Subsection (3) applies despite any enactment or rule of law to the contrary, and no person who provides a record or information in compliance with that subsection is liable in any civil or criminal proceedings in respect of that action.

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