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Immigration Act 2009

Compliance and information - Power to require production of documents, etc

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

You could also call this:

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

If an immigration officer thinks you might have broken an immigration law, they can ask you to do several things. You might need to tell them your full name, when and where you were born, what country you’re from, and where you live. They can also ask you to show them papers that prove who you are.

The officer can ask to see your passport or any other identity document you have. They might want to look at your visa too. If they ask, you need to give them these documents.

If you don’t have these papers with you, the officer can ask you to tell them where the documents are and who has them.

Before the officer asks you for this information, they must tell you that they think you might have broken an immigration law. They also have to warn you that if you don’t do what they ask without a good reason, you could be charged with another offence under section 344(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441021.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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278: Powers of entry and inspection relating to records of education providers, or

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

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279A: Treatment of identity documents and other things, or

“How the government handles your identity documents and other items”

Part 8 Compliance and information
Power to require production of documents, etc

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

  1. Where an immigration officer has good cause to suspect that a person has committed an offence against this Act, the officer may require the person to do all or any of the following things:

  2. supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
    1. produce for inspection documentary or other evidence of the person’s identity:
      1. produce any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person:
        1. produce evidence of any visa relating or purporting to relate to the person, whether or not it relates to any other person:
          1. surrender any passport, certificate of identity, or evidence of any visa produced under paragraph (c) or (d):
            1. if the person does not currently have in his or her possession any of the documents or other things referred to in paragraphs (b) to (d), give the officer details of where they can be found and who is holding them.

              1. Before acting under subsection (1), the immigration officer must—

              2. inform the person that he or she suspects that the person has committed an offence against this Act; and
                1. warn the person that if the person fails without reasonable excuse to comply with his or her request, the person may be charged with an offence against section 344(b).

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