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Immigration Act 2009

Compliance and information - Powers of entry, inspection, etc

278: Powers of entry and inspection relating to records of education providers

You could also call this:

“Immigration officers can check education providers' records to ensure visa compliance”

If you’re an immigration officer, you can enter an education provider’s premises and look at their records for certain reasons. You can do this to check if someone is following the rules of their study visa, if the education provider is doing what they’re supposed to, or to find someone who might need to leave New Zealand.

You can only do this if you have good reason to think that the education provider has information about someone who isn’t allowed to study in New Zealand, or isn’t following the rules, or needs to leave the country.

However, you’re not allowed to use these powers for people who are in compulsory education or their family members.

When you enter the premises, you can ask to see any information or records you think are important. You can also make copies of these records or ask someone to make copies for you.

You can do all of this at any reasonable time when the education provider is open, during the day or night. You don’t need a special warrant or permission other than what this law gives you.

Remember, this is just about looking at records. It’s not about going into places where students live or study.

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 It might be out of date or be missing some parts.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=DLM1441019.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Education and learning > School education
Education and learning > Higher education
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“Annual report lists uses of immigration search powers and resulting charges”

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279: Powers of immigration officer to require information and documents where offence suspected, or

“Immigration officer can ask for your details and documents if they suspect you've broken immigration law”

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

278Powers of entry and inspection relating to records of education providers

  1. An immigration officer may exercise the powers in subsection (4) in the circumstances described in subsection (2) for the following purposes:

  2. determining whether a person is complying with the study-related conditions of his or her visa:
    1. determining whether an education provider is complying with the provider’s obligations under this Act:
      1. locating a person who is liable for deportation.

        1. Subject to subsection (3), an immigration officer may exercise the powers in subsection (4) where the immigration officer believes on reasonable grounds that—

        2. any information or record is held on an education provider’s premises; and
          1. that information or record may relate to a person who is—
            1. not entitled under this Act to study in New Zealand, or undertake a course of study of a particular type or duration or conducted by a particular education provider; or
              1. otherwise not complying with obligations under this Act (including obligations as an education provider); or
                1. liable for deportation.

                2. The powers in subsection (4) may not be exercised in relation to a person undertaking compulsory education or any member of the family of such a person.

                3. An immigration officer may—

                4. enter any part of the education provider's premises in which the officer reasonably believes the information or record is held; and
                  1. require the education provider or person appearing to have the information or record under that person’s control to produce for inspection the information or record; and
                    1. copy or require a person to provide a copy of any information or record that is required to be produced to the officer.

                      1. An immigration officer may exercise the powers in subsection (4) at any reasonable time during which the education provider is open for business, whether by day or by night, without a warrant or any other authority other than this section.

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