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289: Application for order authorising collection of biometric information
or “Asking a judge to approve collecting biometric information from someone who refused”
You could also call this:

“Judge can order you to provide fingerprints or iris scans in certain immigration situations”

If you refuse to give your biometric information (like fingerprints) or special biometric information (like an iris scan) when asked, a judge can order you to provide it. This can happen in two situations:

  1. If you are being deported or turned away from New Zealand, and you need this information to enter or travel through another country. The judge will decide if it’s reasonable to make you give this information.

  2. If there’s a good reason to think you might have broken immigration rules. The judge will consider if the biometric information could help prove or disprove this, and if it’s reasonable to make you give it.

When deciding whether to order you to give this information, the judge will think about why you don’t want to give it. They’ll also consider how important the information is for you to travel to other countries or for investigating possible rule-breaking.

If the judge decides to make this order, you must allow the specified biometric or special biometric information to be collected from you.

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Next up: 290A: Obtaining biometric information by compulsion

or “Police can force you to give biometric information if you refuse”
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Part 8 Compliance and information
Powers relating to deportation and turnaround

290Judge may authorise biometric information and special biometric information to be collected

  1. On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent to allow specified biometric information, special biometric information, or both to be collected from him or her if the Judge is satisfied that,—

  2. in the case of an application relating to a refusal of a requirement under section 288(1),—
    1. the respondent is liable for deportation or turnaround; and
      1. the respondent has refused to allow the biometric information, special biometric information, or both to be collected from him or her following a requirement under section 288(1); and
        1. if special biometric information was required, there are reasonable grounds to believe that any of the things referred to in section 287 are necessary in order to meet the entry or transit requirements of any country to which or through which the respondent is to travel; and
          1. in all the circumstances, it is reasonable to make the order:
          2. in the case of an application relating to a refusal of a requirement under section 288(2),—
            1. there is good cause to suspect that any matter in section 288(2) applies to the respondent; and
              1. there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 288(2) applies to the respondent; and
                1. the respondent has refused to allow biometric information to be collected from him or her following a requirement under section 288(2); and
                  1. in all the circumstances, it is reasonable to make the order.

                  2. In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including—

                  3. any reasons given by the respondent for opposing the making of the order; and
                    1. in relation to an application under section 289(1), where special biometric information is sought, any evidence regarding the necessity of obtaining from the respondent any of the things referred to in section 287 that are required in order to meet the entry or transit requirements of any country to which or through which the person is to travel; and
                      1. in relation to an application under section 289(2), any evidence regarding the importance, to the investigation of the relevant matter, of obtaining biometric information from the respondent.

                        1. A person served with a compulsion order must allow the biometric information or special biometric information specified in the order to be collected from him or her.

                        Notes
                        • Section 290: replaced, on , by section 73 of the Immigration Amendment Act 2015 (2015 No 48).