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Immigration Act 2009

Compliance and information - Powers relating to deportation and turnaround

286: Powers of entry and search relating to deportation

You could also call this:

"Immigration officers can enter and search buildings to find people who are being deported."

Illustration for Immigration Act 2009

If you are named in a deportation notice or order, an immigration officer can enter and search a building to find you. They can do this at any reasonable time, day or night, if they think you are in the building. The officer can also serve you the notice or order, or carry out the deportation order. If the officer wants to enter your home or a marae outside normal hours, they need to get a warrant first. Normal hours are Monday to Friday, 7 am to 9 pm, and do not include Saturdays, Sundays, or public holidays, as defined in the Holidays Act 2003. A home is a building or part of a building where people live, and it includes a garage or shed. In this situation, you should know that the officer is following the rules set out in section 293B of the Immigration Act 2009. The officer must follow these rules when serving a deportation notice or order, or when carrying out a deportation order. You can find more information about these rules in the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441031.

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Topics:
Immigration and citizenship > Border controlCrime and justice > Police and safety
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Part 8Compliance and information
Powers relating to deportation and turnaround

286Powers of entry and search relating to deportation

  1. For the purpose of serving any deportation liability notice, deportation order, or removal order, or executing a deportation order or removal order, an immigration officer may, without further authority than this section, and by force if necessary,—

  2. enter and search at any reasonable time by day or night any building or premises in which the officer believes on reasonable grounds that the person named in the notice or order is present; and
    1. serve the notice or order, or execute the deportation order or removal order.

      1. However, if an immigration officer intends to enter a dwelling or marae out of hours and search for the person named in the deportation liability notice, deportation order, or removal order and for the purposes set out in subsection (1), they must first obtain a warrant authorising them to do so.

      2. In this section and in section 293B,—

        dwelling means any building or part of a building that is used for residential accommodation of any kind, and includes a garage or shed associated with the building or part of the building

          out of hours means—

          1. Monday to Friday between 9 pm and 7 am on the following day:
            1. any time on a Saturday or Sunday:
              1. any time on a public holiday (as specified in section 44(1) of the Holidays Act 2003).

                Compare
                Notes
                • Section 286(1): amended, on , by section 72(1) of the Immigration Amendment Act 2015 (2015 No 48).
                • Section 286(1)(b): amended, on , by section 72(2) of the Immigration Amendment Act 2015 (2015 No 48).
                • Section 286(2): inserted, on , by section 32 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                • Section 286(3): inserted, on , by section 32 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).