The new Act generally carries over immigration officers’ powers to:
The new Act enhances immigration officers’ powers to request address and identity information. From 29 November 2010, the Act updates and broadens the list of agencies and private sector organisations from which information can be sought.
Under the Immigration Act 1987, immigration officers could require some businesses and government agencies to provide address information relating to people who were in New Zealand unlawfully. From 29 November 2010, section 274 of the 2009 Act enables a broader range of industry groups and government agencies to provide address information to immigration officers. Immigration officers may use this power if they have good cause to suspect a person may be, or may become as a result of investigations, liable for deportation.
The persons and bodies who may be required by certificate under section 274 to provide access to address or identity information are as follows.
Government agencies: New Zealand Customs Service, Ministry of Social Development, Ministry of Justice, New Zealand Police, New Zealand Transport Agency, Department of Building and Housing, Housing New Zealand Corporation, Department of Corrections – and any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed above.
Sectors: education providers, in relation only to enrolled students not in compulsory education; postal and courier service providers; telecommunications service providers; internet service providers; subscription television service providers; finance and banking service providers; local government and regional government bodies; insurance service providers; providers of utilities such as electricity, gas and water; real estate agents; and, in relation to a person whose location is being sought, the person’s employer or former employer.
Under the Immigration Act 1987, only police or customs officers could enter and search buildings and premises for persons liable for deportation. These powers continued to be exercised only by police or customs officers when the the new Act came into force on 29 November 2010. From a date to be determined by Order in Council, these powers may also be exercised by specially trained and designated immigration officers.
The 2009 Act introduces a new power to allow police or an immigration officer to enter the premises of an education provider and inspect its records. This is to determine whether a person is complying with the study-related conditions of his or her visa and whether the education provider is complying with its obligations under the Act; or to locate a person who is liable for deportation. This power came into effect on 29 November 2010 for police and will come into effect from a date to be determined by Order in Council for specially trained and designated immigration officers.
Under the Immigration Act 1987, only police officers had the power to detain a person. These powers continued to be exercised only by police when the new Act came into force on 29 November 2010. From a date to be determined by Order in Council, specially trained and designated immigration officers will have a new power to detain foreign nationals who are liable for arrest and detention for up to four hours or until the earliest of the following: police exercising their power of arrest and detention; the person being delivered into custody under the Act; the person ceasing to be liable for arrest and detention; the purpose of the detention being achieved. At no time will an immigration officer be able to detain someone for more than four hours.
Under the Immigration Act 1987, only police or customs officers had the power to enter and search places and craft at the border. These powers continued to be exercised only by police or customs officers when the new Act came into force on 29 November 2010. From a date to be determined by Order in Council, specially trained and designated immigration officers will have the power to enter and search any craft that arrives in New Zealand, or any land or premises in any airport or port, or craft that are in New Zealand waters, for the purposes of detecting offences, apprehending persons liable for deportation or turnaround, processing arriving passengers, locating stowaways, or deporting or facilitating the departure of persons liable for deportation or turnaround.
Where the powers are new for immigration officers, they will be brought into force only when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that appropriate safeguards are in place.
For more information about monitoring and detention, please refer to the Deportation factsheet.
Disclaimer: Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.
