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Immigration Act 2009

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

281B: Power of entry and search for identity documents

You could also call this:

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

If you are required to leave New Zealand or be turned away at the border, an immigration officer may need to see your identity documents. If you refuse to show these documents when asked, the officer can enter and search certain places to find them. These places can be where you are currently, where you live, or any place or vehicle you own or control. The officer doesn’t need a warrant to do this.

The immigration officer can come at any reasonable time to search for your identity documents. If they find the documents, they can take them. This is to help with your deportation or turnaround.

The officer can only do this search if they have good reasons to think your identity documents are in the place they want to search. They also need to have already asked you to show or give up these documents, and you must have said no.

This power only started after section 285A of the Immigration Act came into effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471314.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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281A: Obligation of third parties to surrender identity documents, or

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

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282: Immigration officer’s powers to enter immigration control area, or

“Immigration officers can freely enter designated areas to do their job”

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

281BPower of entry and search for identity documents

  1. An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in subsection (2) if—

  2. the person is liable for deportation or turnaround; and
    1. the person has refused a requirement under section 281 to produce or surrender an identity document required under that section; and
      1. the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and
        1. the place proposed to be entered and searched is—
          1. the place (which may include a vehicle) where the person is currently located; or
            1. the person's abode; or
              1. any premises or vehicle owned by, or under the control of, the person.

              2. An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following:

              3. enter and search a place referred to in subsection (1)(d):
                1. seize any identity document that a person has been required to produce or surrender and that is found at the place.

                  1. However, an immigration officer must not exercise any power under this section until on or after the date on which section 285A (as inserted by the Immigration Amendment Act 2015) comes into force.

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