Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Powers at border

284: Power of entry and search of craft

You could also call this:

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

If you’re on a boat or ship in the area near New Zealand’s borders, an immigration officer can come on board to look for certain people. They can do this if they think someone on the boat might break immigration laws, be sent back to their home country, or not be allowed to enter New Zealand.

The immigration officer doesn’t need special permission to do this. They can even use force if they have to. They can search the whole boat to find these people. If they find someone they’re looking for, they can use any of their usual powers, just like if the boat was already in New Zealand.

Even if an immigration officer brings someone into New Zealand on a boat they’ve searched, it doesn’t mean that person is allowed to stay. They don’t automatically get permission to enter the country or a visa just because they came in this way.

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 It might be out of date or be missing some parts.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=DLM1441027.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Previous

283: Powers at border, or

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

Next

285: Power of entry and search at border place, or

“Immigration officers can search border areas without permission to enforce immigration laws”

Part 8 Compliance and information
Powers at border

284Power of entry and search of craft

  1. An immigration officer may exercise the powers in subsection (2) where the officer believes on reasonable grounds that there is on board any craft that is in the contiguous zone or territorial sea of New Zealand, a person who, if he or she lands in New Zealand, will—

  2. commit an offence against this Act; or
    1. be liable for deportation; or
      1. be, or be likely to be, liable for turnaround.

        1. An immigration officer may at any time, without a warrant or any other authority than this section, and by force if necessary, do the following things:

        2. enter and search any craft for the purpose of determining whether there is a person to whom subsection (1) applies on board; and
          1. if satisfied that there is a person to whom subsection (1) applies on board, exercise any power under this Act or any other Act that he or she could exercise if the craft was in New Zealand.

            1. A person is not granted a visa or entry permission and does not enter New Zealand lawfully by reason only of being brought into New Zealand—

            2. by an immigration officer who is exercising or has exercised powers referred to in subsection (2); or
              1. on board a craft permitted or required to enter New Zealand by an immigration officer who is exercising or has exercised powers referred to in subsection (2).