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Immigration Act 2009

Compliance and information - Power to require production of documents, etc

281A: Obligation of third parties to surrender identity documents

You could also call this:

“You must give someone else's identity document to an immigration officer when asked”

You must give an identity document belonging to someone else to an immigration officer if certain conditions are met. This can happen if the person who owns the document didn’t show it when they were asked to, or if they told the officer where to find it. The officer must think you have the document and give you a special form asking you to hand it over. If you give the document to the officer after they ask you to, you can’t be taken to court for doing so.

If someone doesn’t show their identity document when asked, or tells the officer where it is, and the officer thinks you have it, they can give you a form asking you to hand it over. You must give the document to the officer if this happens. Don’t worry - you won’t get in trouble for giving the document to the officer if they ask you to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471311.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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281: Power to require information from person liable for deportation or turnaround, or

“Immigration officers can ask for information and documents from people who might be deported or turned away”

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281B: Power of entry and search for identity documents, or

“Immigration officers can search for and take identity documents if you refuse to show them”

Part 8 Compliance and information
Power to require production of documents, etc

281AObligation of third parties to surrender identity documents

  1. A person (person A) must surrender an identity document relating to another person (person B) to an immigration officer if—

  2. person B—
    1. has failed to produce or surrender the identity document when required to do so under section 280 or 281; or
      1. has told an immigration officer where the identity document may be found or who is holding it; and
      2. the immigration officer has good cause to suspect that person A is in possession of the identity document; and
        1. the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document.

          1. No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer.

          Notes
          • Section 281A: inserted, on , by section 69 of the Immigration Amendment Act 2015 (2015 No 48).