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Immigration Act 2009

Compliance and information - Powers of entry, inspection, etc

277A: Powers of entry and search for employees on employers’ premises

You could also call this:

“Immigration officers can check workplaces to ensure workers and employers follow visa rules”

In this section, you’ll learn about the powers immigration officers have to enter and search places where people work. These powers help them check if workers and employers are following immigration laws.

Immigration officers can enter and search any place owned or used by an employer where they think work is happening. They can do this if they believe someone who might not be allowed to work in New Zealand, or who might not be following their visa conditions, is there.

When immigration officers enter these places, they can look for specific people. They can ask these people questions to find out if they’re allowed to work in New Zealand and if they’re following their visa rules. The officers can also ask to see identity documents and passports.

If there are copying facilities available, the immigration officers can ask for copies of these documents. They can also ask employees questions to check if their employer is following the rules.

Immigration officers can keep the original documents and copies they collect. They can compare these with wage records and other employment documents they’ve obtained.

These searches can happen at any reasonable time when work is being done or when the place is open for business. The immigration officers don’t need a warrant or any other special permission to do this.

If the immigration officer decides that a person needs to leave New Zealand, they can keep the documents to help with that process. If the person doesn’t need to leave, the documents must be returned as soon as possible.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6835905.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights
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277: Powers of entry and inspection relating to records of employers, or

“Immigration officers can check employer records to ensure visa compliance”

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277B: Department must review and report on entry and search powers under section 277A, or

“Department to review immigration officers' entry and search powers and report findings”

Part 8 Compliance and information
Powers of entry, inspection, etc

277APowers of entry and search for employees on employers’ premises

  1. In this section,—

    premises means any premises, including a dwellinghouse and any ship or other vessel or vehicle

      specified employee means a person who an immigration officer believes on reasonable grounds is or may be an employee of an employer who the immigration officer has good cause to suspect is committing an offence under section 350 or 351

        specified person means a person who an immigration officer believes on reasonable grounds is or may be a person who—

        1. is not entitled under this Act to work in New Zealand; or
          1. is not complying with 1 or more work-related conditions of his or her visa.

          2. An immigration officer may, for any purpose listed in section 277(1), exercise any 1 or more of the powers in subsection (3) of this section if the officer believes on reasonable grounds that a specified person or a specified employee is at premises—

          3. that are owned, occupied, or used by an employer; and
            1. at which the officer believes on reasonable grounds that work is being done.

              1. An immigration officer may—

              2. enter any part of the premises; and
                1. search for any specified person or specified employee at the premises; and
                  1. require any specified person at the premises to answer questions put by the immigration officer in order to ascertain—
                    1. whether the person is entitled to work in New Zealand; and
                      1. whether the person is complying with the work-related conditions of his or her visa (if any); and
                      2. require any specified person at the premises to produce for inspection—
                        1. any documentary or other evidence of the person's identity; and
                          1. the person's passport or certificate of identity (whether or not it also relates to any other person); and
                          2. require anyone at the premises who has access to copying facilities to provide copies of any documents or things provided under paragraph (d); and
                            1. require any specified employee at the premises to answer questions put by the immigration officer in order to ascertain whether the specified employee's employer is complying with the employer's obligations under this Act.

                              1. An immigration officer may retain any original documents or things produced under subsection (3)(d), and any copies provided under subsection (3)(e), and may check them against any wages and time records, or any other documents relating to the remuneration or employment conditions of any employees, obtained by the officer under section 277(3).

                              2. The powers in subsection (3) may be exercised at any reasonable time during which work is being carried out at the premises, or they are open for business, whether by day or by night, without a warrant or any other authority than this section.

                              3. Any original documents or things produced under this section may be retained and used by an immigration officer until the immigration officer has determined whether the person to whom they relate is liable for deportation or turnaround, and then,—

                              4. if the person is liable for deportation or turnaround, or becomes liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things may be retained and used by the Crown toward effecting the person's deportation or departure from New Zealand; or
                                1. if the person is not liable for deportation or turnaround, and does not become liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things must be returned to the person as soon as possible.

                                  Notes
                                  • Section 277A: inserted, on , by section 66 of the Immigration Amendment Act 2015 (2015 No 48).