Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Powers at border

283: Powers at border

You could also call this:

“Immigration officers' authority to search and investigate at New Zealand's borders”

An immigration officer can do certain things if they think it’s needed to catch people breaking immigration laws, find people who need to leave the country, help passengers arriving in New Zealand, find hidden travellers, or help people leave who aren’t allowed to stay.

The officer can go into and look around any vehicle that comes to New Zealand without needing special permission. They can also go into and search areas in airports or ports, including places where immigration checks happen.

Before you get off a vehicle that’s arrived in New Zealand, an immigration officer can talk to you, look at where you’re sitting and who’s sitting near you, and search for your travel papers and ID.

If the officer finds any papers while searching, they can keep them if it helps them do their job with immigration rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441026.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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282: Immigration officer’s powers to enter immigration control area, or

“Immigration officers can freely enter designated areas to do their job”

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284: Power of entry and search of craft, or

“Immigration officers can board and search vessels near NZ borders”

Part 8 Compliance and information
Powers at border

283Powers at border

  1. An immigration officer may exercise the powers in subsections (2), (3), and (4) if the officer believes on reasonable grounds that it is necessary for the purpose of—

  2. detecting an offence against this Act; or
    1. apprehending any person who is liable for deportation or is, or is likely to be, liable for turnaround; or
      1. processing arriving passengers, whether or not they have left the craft; or
        1. locating any stowaway; or
          1. deporting any person or facilitating the departure of persons liable for turnaround.

            1. An immigration officer may at any time, for a purpose described in subsection (1), without a warrant or any other authority than this section, do either or both of the following things:

            2. enter and search any craft that arrives in New Zealand:
              1. enter and search any land or premises in any airport or port, including any immigration control area.

                1. Without limiting the power of entry and search in subsection (2), an immigration officer may, before the disembarkation of a person from a craft,—

                2. interview the person:
                  1. view the person’s seating and identify those passengers seated with the person:
                    1. search for the person’s travel and identity documents.

                      1. An immigration officer may retain any documents found in a search carried out under this section if retaining the documents is necessary for the purposes of administering this Act.