Y3.15 People likely to commit an offence against the Crimes Act 1961 or the Misuse of Drugs Act 1975
Immigration Act 1987 s 7(1)(g)(ii)
- A passenger found in possession of illegal drugs on arrival may have committed an offence, or may be considered likely to commit an offence, under the Crimes Act 1961 or the Misuse of Drugs Act 1975. Such persons will not normally be granted a permit and will normally be refused entry into New Zealand.
- A person apprehended at the border in possession of illegal drugs may be:
- charged by the Police for carrying or importing drugs; or
- formally warned by the Police; or
- referred by a Customs officer directly to an immigration officer.
- If such a person has been charged and detained by the Police until a court appearance, an officer with the appropriate delegation may grant a limited purpose permit under section 353(1) for the express purpose of allowing the person to face the charge(s) laid and to serve any sentence imposed on the charge(s). The court action should be monitored with a view to having the person removed from New Zealand as soon as possible.
- If the person is only given a formal warning by the Police, or the person is referred to an immigration officer by a Customs officer, the person should be interviewed to determine whether section 7(1)(g)(ii) of the Immigration Act 1987 applies to them.
