Y3.60 Powers of entry and search by members of...

See Y3.60 Effective 01/10/1999

Y3.60 Powers of entry and search by members of the Police, and Customs officers

Immigration Act 1987 s 137

1. A member of the Police or a Customs officer undertaking immigration duties may enter and search any craft*, land or premises described in Y3.60(b) below, without warrant or any other authority than section 137 of the Immigration Act 1987, if they believe on reasonable grounds that this is necessary for the purpose of:
   1. detecting any offence against the Immigration Act 1987; or
   2. capturing any person to whom section 128 of the Immigration Act 1987 applies.
2. The powers in Y3.60(a) above may be used in respect of all or any of the following:
   1. any craft* arriving in New Zealand, to determine if it is carrying:
      • any stowaway; or
      • any other person who is required to supply documentation under section 125 or 126 of the Immigration Act 1987 (see Y2.1); or
   2. any land or premises in any airport including any Customs place or Customs controlled area or transit building.
3. A member of the Police or a Customs officer undertaking immigration duties may, if they consider it necessary, enter and search any of the places or premises described in Y3.60(d) below at any time if they have good cause to suspect that in or on any of those places or premises:
   1. an offence against the Immigration Act 1987 is being committed or is likely to be committed (including if the person entered New Zealand); or
   2. there is a person to whom section 128 of the Immigration Act 1987 applies (or would apply if the person entered New Zealand).
4. The powers in Y3.60(c) above may be used in respect of all or any of the following places or premises:
   1. any part of the foreshore; or
   2. the shores or banks of any port, bay, harbour, lake, river, or other waters; or
   3. any pier or such structure attached to or extending from any such shore or bank; or
   4. any land or premises in any port, including any container base, Customs place*, Customs controlled area, wharf, or transit building; or
   5. on board any ship or any other form of sea-borne vessel that is within the contiguous zone* or territorial sea of New Zealand.

*contiguous zone means area between 12 and 24 nautical miles surrounding New Zealand.

Effective 07/10/2002