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Immigration Act 2009

Miscellaneous provisions - Immigration officers and refugee and protection officers

388: Designation of immigration officers

You could also call this:

“How immigration officers are chosen and what they can do”

The chief executive can choose immigration officers from people working in the Department or other government agencies. These officers must be needed, qualified, and trained for their job. The chief executive decides what tasks and powers each officer can do.

Some immigration officers get a special document called a warrant. This warrant shows what specific powers they can use. These powers include things like making people leave the country, checking places, asking for information, and detaining people.

The warrant proves that someone is an immigration officer and what they’re allowed to do. The chief executive doesn’t need a warrant and can do all the jobs of an immigration officer.

A person can’t be both an immigration officer and a refugee and protection officer at the same time.

When an immigration officer wants to enter a place or detain someone, they must show their warrant if asked. They also need to say which part of the law allows them to do this. If they’re asking for information, they must show their warrant if the person asks to see it.

If the immigration officer is a police officer in uniform or with a police badge, that’s enough to prove who they are.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441217.

Topics:
Immigration and citizenship > Border control
Immigration and citizenship > Visas
Government and voting > Government departments
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“Exceptions to the standard rules for sending notices and documents”

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389: Immigration officers’ functions and powers, or

“What immigration officers are allowed to do”

Part 11 Miscellaneous provisions
Immigration officers and refugee and protection officers

388Designation of immigration officers

  1. The chief executive may designate as immigration officers—

  2. the persons employed in the Department that the chief executive considers are—
    1. necessary for the purposes of this Act; and
      1. suitably qualified and trained; and
      2. such other agents of or persons in the service of the Government of New Zealand, or persons in the service of the government of another country, as the chief executive determines, whether designated individually or by class or position.

        1. The chief executive must specify which functions and powers an immigration officer is authorised to exercise under this Act, and an officer may not perform any functions or exercise any powers under this Act unless specifically authorised by the chief executive.

        2. An immigration officer authorised to exercise 1 or more of the following powers must be issued with a warrant of designation, signed by the chief executive, specifying which of those powers the officer may exercise:

        3. the power to deport a person under section 178:
          1. the power of entry and inspection under sections 276, 277, 277A, and 278:
            1. the powers under sections 275A, 279, 280, 281, 281A, and 281B to require information or documents for the purpose of ensuring compliance with this Act:
              1. the powers under sections 282, 283, 284, 285, and 285A at a border:
                1. the power of entry and search under section 286:
                  1. the power to require biometric information, special biometric information, or both under section 288:
                    1. the power to detain a person under section 312.

                      1. A warrant is sufficient evidence of the officer’s designation as an immigration officer, and the officer’s authorisation to perform the functions and exercise the powers specified in it.

                      2. To avoid doubt, the chief executive need not be issued with a warrant of designation, and may perform or exercise all the powers and functions of an immigration officer under this Act.

                      3. A person may not at any one time be designated as an immigration officer and a refugee and protection officer.

                      4. Whenever an immigration officer (including a constable exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of exercising a power described in subsection (3), the officer—

                      5. must produce his or her warrant of designation; and
                        1. if called upon to do so, must state the provision or provisions of this Act under which he or she is entitled to enter the premises, building, or craft or exercise a power of detention.

                          1. An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in subsection (3), orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person.

                          2. It is sufficient compliance with subsections (7)(a) and (8) if, in the case of a constable, he or she is in uniform or produces his or her badge or other evidence of being a constable.

                          Compare
                          Notes
                          • Section 388(3)(b): amended, on , by section 98(1) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 388(3)(c): amended, on , by section 11 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                          • Section 388(3)(c): amended, on , by section 98(2) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 388(3)(d): amended, on , by section 98(3) of the Immigration Amendment Act 2015 (2015 No 48).
                          • Section 388(3)(f): replaced, on , by section 98(4) of the Immigration Amendment Act 2015 (2015 No 48).