Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Powers of entry, inspection, etc

277: Powers of entry and inspection relating to records of employers

You could also call this:

“Immigration officers can check employer records to ensure visa compliance”

An immigration officer can enter and inspect places where employers keep records. They can do this to check if people are following the rules of their visas, if employers are doing what they should, to find someone who needs to leave New Zealand, or to see if someone is allowed to work in New Zealand.

The officer can go into these places if they think there might be information about someone who isn’t allowed to work in New Zealand, isn’t following the rules, or needs to leave the country. They can look at wage records and other documents about how people are paid and their work conditions.

When the officer goes to these places, they can enter any part where they think these records are kept. They can ask to see the records and make copies of them. They can do this at any reasonable time when work is happening or when the place is open, without needing special permission.

The officer can do this in any place where records are kept, even if it’s someone’s home.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441018.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights
Previous

276: Powers of entry and inspection relating to records of accommodation providers, or

“Immigration officers can check hotel records to find people who may need to leave New Zealand”

Next

277A: Powers of entry and search for employees on employers’ premises, or

“Immigration officers can check workplaces to ensure workers and employers follow visa rules”

Part 8 Compliance and information
Powers of entry, inspection, etc

277Powers of entry and inspection relating to records of employers

  1. An immigration officer may exercise the powers in subsection (3) in the circumstances described in subsection (2) for the following purposes:

  2. determining whether a person is complying with work-related conditions of his or her visa:
    1. determining whether an employer is complying with the employer's obligations (which, to avoid doubt, includes the obligation not to commit an offence) under this Act:
      1. locating a person who is liable for deportation:
        1. determining whether a person who is working for an employer in New Zealand is entitled to work in New Zealand.

          1. An immigration officer may exercise the powers in subsection (3) where the officer believes on reasonable grounds that—

          2. there is kept on any premises—
            1. any wages and time record kept by an employer in accordance with the provisions of any Act; or
              1. any other document relating to the remuneration or employment conditions of an employee; and
              2. there may be information in that record or other document relating to a person who is—
                1. not entitled under this Act to work in New Zealand or to undertake work of the relevant type or duration or for the relevant employer; or
                  1. otherwise not complying with obligations under this Act (including obligations as an employer); or
                    1. liable for deportation.

                    2. An immigration officer may—

                    3. enter any part of the employer’s premises in which the officer reasonably believes a wages and time record, or any other document referred to in subsection (2)(a)(ii), is kept; and
                      1. require the employer or the person appearing to have the record or document under that person's control to produce that record or document for inspection; and
                        1. copy or require a person to provide a copy of any part of any record or document that is required to be produced to the officer.

                          1. An immigration officer may exercise the powers in subsection (3) at any reasonable time during which work is being carried out on the premises or the premises are open for business, whether by day or by night, without a warrant or any other authority than this section.

                          2. In this section, premises includes a dwellinghouse.

                          Compare
                          Notes
                          • Section 277(1)(b): amended, on , by section 65(1) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 277(1)(d): inserted, on , by section 65(2) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 277(2)(a): amended, on , by section 65(3) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 277(5): inserted, on , by section 65(4) of the Immigration Amendment Act 2015 (2015 No 48).