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Immigration Act 2009

Detention and monitoring - Duties of detaining officers

329: Arresting or detaining officer may seek assistance

You could also call this:

“Police or immigration officers can ask others for help when arresting or detaining someone”

If a police officer is arresting someone under this law, they can ask people nearby to help them. The same goes for an immigration officer who is detaining someone under section 312. They can also ask people around for help.

If you’re asked to help, it’s okay for you to do so. You’ll have the same protection and rights as an immigration officer while you’re helping. But this only applies if there’s a good reason for the arrest or detention. If you know there isn’t a good reason, then you won’t have those protections.

When the law talks about being ‘justified’, it means the same thing as in section 2(1) of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441125.

Topics:
Immigration and citizenship > Border control
Crime and justice > Police and safety
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328: Additional powers relating to detention by immigration officer, or

“Immigration officers' powers to use force and search detained people”

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330: Approval of premises for purpose of immigration detention, or

“Chief executive can approve places to hold people for immigration reasons, with some limits”

Part 9 Detention and monitoring
Duties of detaining officers

329Arresting or detaining officer may seek assistance

  1. Where a constable is arresting any person under this Act, the constable may call upon any person in the vicinity for assistance.

  2. Where an immigration officer is detaining any person under section 312, the officer may call upon any person in the vicinity for assistance.

  3. Every person so called upon is justified (as defined in section 2(1) of the Crimes Act 1961) in assisting, and he or she has all the protection and privileges of an immigration officer when giving his or her assistance, unless that person knows that there is no reasonable ground for the arrest or detention.

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Notes
  • Section 329(3): amended, on , by section 79(1) of the Immigration Amendment Act 2015 (2015 No 48).
  • Section 329(3): amended, on , by section 79(2) of the Immigration Amendment Act 2015 (2015 No 48).