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New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Powers at border

285A: Search of persons

You could also call this:

“Rules for searching people arriving in New Zealand”

If you arrive in New Zealand from another country, an immigration officer might need to search you. This can happen if:

You don’t show your passport, identity certificate, or travel tickets when the officer asks for them. The officer must think you’re not a New Zealand citizen. They also need to have a good reason to believe you’re hiding these documents on yourself or in your bags.

The search could be a pat-down or a more thorough search of your body. It might be both.

If the officer finds your documents during the search, they can keep them to help with immigration matters. But if you turn out to be a New Zealand citizen or have a visa and entry permission, they can’t keep your documents.

If the officer keeps your documents, they must give them back to you if you get a visa and entry permission. If not, they’ll return them when you leave New Zealand.

When an immigration officer searches you, they have to follow certain rules from the Search and Surveillance Act 2012. These rules help make sure the search is done properly and fairly.

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 It might be out of date or be missing some parts.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=DLM6835926.

Topics:
Immigration and citizenship > Border control
Immigration and citizenship > Visas
Rights and equality > Privacy
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285: Power of entry and search at border place, or

“Immigration officers can search border areas without permission to enforce immigration laws”

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286: Powers of entry and search relating to deportation, or

“Immigration officers can enter and search places to give deportation notices or carry out deportation orders”

Part 8 Compliance and information
Powers at border

285ASearch of persons

  1. An immigration officer may search a person who arrives in New Zealand from another country if—

  2. the immigration officer has demanded, under section 103(1)(da), the production of the person's passport or certificate of identity and any travel tickets held by the person; and
    1. the person has failed to comply with that demand; and
      1. the immigration officer believes on reasonable grounds that the person is not a New Zealand citizen; and
        1. the immigration officer has reasonable cause to suspect that some or all of the required documents are hidden on or about the person or in any baggage under the immediate control of the person.

          1. A search under this section may include a rub-down search (as defined in the Search and Surveillance Act 2012), a search of the person, or both.

          2. If, as a result of a search under this section, the person's passport or certificate of identity or any travel tickets are found,—

          3. the documents may be retained by the immigration officer for the purpose of administering this Act (unless the person is found to be a New Zealand citizen or a person who has a visa and entry permission); and
            1. the documents must be returned to the person—
              1. if the person is granted a visa and entry permission; or
                1. on the person's departure from New Zealand.

                2. Sections 123 to 126 and subpart 7 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any immigration officer exercising a power under this section, and, if the search is a rub-down search, sections 85 to 87 of that Act also apply.

                Notes
                • Section 285A: inserted, on , by section 71 of the Immigration Amendment Act 2015 (2015 No 48).