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Immigration Act 2009

Compliance and information - Powers relating to deportation and turnaround

290A: Obtaining biometric information by compulsion

You could also call this:

“Police can force you to give biometric information if you refuse”

If you don’t allow someone to collect the biometric information that a compulsion order says they can collect from you, a police officer can do several things. They can arrest you and take you to a place where they can collect the information. They can then collect the information from you, even if they have to use force to do it.

If the police officer has to use force to collect the information, they can only use as much force as they need to. They can’t use more force than is necessary.

Once the police have collected the information from you, they have to let you go. The only reason they can keep you is if another part of this law or a different law says they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471316.

Topics:
Immigration and citizenship > Border control
Rights and equality > Privacy
Crime and justice > Police and safety
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290: Judge may authorise biometric information and special biometric information to be collected, or

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

Next

291: Further applications for compulsion order, or

“Repeated requests for court orders to make someone comply with immigration rules”

Part 8 Compliance and information
Powers relating to deportation and turnaround

290AObtaining biometric information by compulsion

  1. If, after a compulsion order is served on a person, the person refuses to allow the biometric information or special biometric information specified in the order (the required biometric information) to be collected from him or her, a constable may—

  2. arrest the person; and
    1. remove the person to, and detain him or her in, a suitable place where the required biometric information can be collected; and
      1. collect, as soon as practicable, the required biometric information from the person, by force if necessary.

        1. If force is used under subsection (1)(c), it must be reasonable and no more than is necessary to collect the required biometric information from the person.

        2. The person must be released from detention as soon as the required biometric information has been collected, unless the person's continued detention is authorised under any other provision of this or any other Act.

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