D2.25 Identifying and locating people suspected of being liable for deportation (29/11/2010)

D2.25.1 Dealing with information on people suspected of being liable for deportation

Information alleging a person may be in New Zealand unlawfully or that a person may otherwise be liable for deportation can come from a variety of sources. An immigration officer must verify such information to the extent that they are satisfied there is good cause to suspect that a particular person is in New Zealand unlawfully or is otherwise liable for deportation. This may be achieved by establishing a person's identity and immigration status from Immigration New Zealand files or database or other documentation.

D2.25.5 Determining whether a person is in New Zealand unlawfully or otherwise liable for deportation

1. Once a person suspected of being in New Zealand unlawfully is located it is necessary to confirm both their identity and immigration status.
2. Once a person is otherwise suspected of being liable for deportation it is necessary to obtain the information required to investigate and determine whether the person is liable for deportation.
3. The powers set out at D2.25.15 and D2.25.40 can be used to obtain both evidence of identity and immigration status as well as an address in New Zealand and other information which can be used to determine whether or not a person is liable for deportation.

D2.25.10 Powers of immigration officers in relation to persons suspected of being liable for deportation

See also Immigration Act 2009 ss 274, 275, 276, 277, 280, 281

There are a range of provisions in the Immigration Act 2009 which assist immigration officers to locate and take action against persons suspected of being in New Zealand unlawfully or who may be otherwise liable for deportation. These powers and their limitations are described in detail in D2.25.15 to D2.25.40.

D2.25.15 Powers of immigration officers to require production of information from some agencies

See also Immigration Act 2009 ss 274, 275

1. If an immigration officer has good cause to suspect that:
   1. a particular person may be, or may become as a result of investigations, liable for deportation; or
   2. particular premises are, or have been, occupied (whether for residential purposes or otherwise) by a person who may be, or may become as a result of investigations, liable for deportation;

   the immigration officer may prepare a certificate in the prescribed form requiring certain government agencies, or other bodies or persons to provide a copy, or allow the officer to copy, any record or other information held that is reasonably available.

2. The power to require production of such information and records is limited to the government agencies, and other bodies and persons as listed below:
   1. the following government agencies:
      • New Zealand Customs Service;
      • Ministry of Social Development;
      • Ministry of Justice;
      • New Zealand Police;
      • Land Transport New Zealand;
      • Department of Building and Housing;
      • Housing New Zealand Corporation;
      • Department of Corrections;
      • any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed in (i) above;
   2. education providers, in relation only to enrolled students not in compulsory education;
   3. postal and courier service providers;
   4. telecommunications service providers;
   5. internet service providers;
   6. subscription television service providers;
   7. finance and banking service providers;
   8. local government and regional government bodies;
   9. insurance service providers;
   10. providers of utilities such as electricity, gas, and water;
   11. real estate agents; and
   12. in relation to a person whose location is being sought, the person’s employer or former employer.
3. Information obtainable from the sources detailed above is limited to information about an individual which may help to establish:
   1. in the case of a certificate under (a)(i) above, the present whereabouts of the person named in the certificate, or that person's whereabouts at any time in the past; or
   2. in the case of a certificate under (a)(ii) above, the name(s) of the present occupier(s), or name(s) of any occupier(s) of the premises at any time in the past.
4. If an immigration officer believes the suspected person is using one or more aliases, the immigration officer may include any such alias in any certificate.

D2.25.20 Powers of immigration officers to enter premises to obtain information from accommodation providers

See also Immigration Act 2009 ss 276

1. An immigration officer may exercise the powers in section 276(2) of the Immigration Act 2009 for the purposes of locating any person who is liable for deportation.
2. Section 276(2) of the Immigration Act 2009 allows immigration officers to enter any part of certain premises of accommodation providers (other than a part of a premises that is a dwelling house) in which the immigration officer reasonably believes any register or list kept by accommodation providers is kept, and:
   1. require the accommodation provider, or any other person appearing to have that list or register under their control to produce for inspection any part of the register or list; and
   2. copy or require a person to provide a copy of any part of the register or list that relates to the person who is liable for deportation if they believe on reasonable grounds that the information contained in the register or list might relate to any person who is liable for deportation.
3. An immigration officer may enter any of the premises included in (b) above and any part of those premises where the officer believes on reasonable grounds a relevant record is kept. No warrant or authority other than section 276 of the Immigration Act 2009 is required.
4. Entry may be made at any reasonable time, both day and night, during which the premises are open for business.

D2.25.25 Definition of ‘accommodation provider’

See also Immigration Act 2009 s 276

‘Accommodation provider’ means the operator of any hotel, motel, guesthouse, motor camp, or other premises in which accommodation is offered for valuable consideration to any member of the public.

D2.25.30 Powers of immigration officers to enter premises to obtain information from employers

See also Immigration Act 2009 s 277

1. Immigration officers may:
   1. enter any part of an employer’s premises in which the officer reasonably believes a wages and time record, or any other document relating to the remuneration or employment conditions of an employee is kept; and
   2. require the employer, or person appearing to have control of the record, to produce that document or record for inspection; and
   3. copy, or require a person to provide a copy of any part of a record that is required to be produced.
2. The powers described in D2.25.30(a) above may only be exercised in the following circumstances:
   1. where the immigration officer believes on reasonable grounds that there is kept on any business premises:
      • any wages and time record kept by an employer in accordance with the provisions of any Act; or
      • any other document relating to the remuneration or employment conditions of an employee; and
   2. There may be information in that record or other document relating to a person who is:
      • not entitled under the Immigration Act 2009 to work in New Zealand or to undertake work of the relevant type or duration or for the relevant employer; or
      • otherwise not complying with obligations under the Immigration Act 2009 (including obligations as an employer); or
      • liable for deportation.
3. The powers described in D2.25.30(a) above may only be exercised for the following purposes:
   1. determining whether a person is complying with work related conditions of their visa;
   2. determining whether an employer is complying with the employer’s obligations under the Immigration Act 2009;
   3. locating a person who is liable for deportation.
4. Entry may be made at any reasonable time, both day and night, during which the work is being carried out on the premises or premises are open for business.
5. No warrant or authority other than section 277 of the Immigration Act 2009 is required.

D2.25.35 Power of immigration officers to request information and documents where liability for deportation or turnaround suspected

See also Immigration Act 2009 s 280

1. If an immigration officer has good cause to suspect that a person is liable for deportation or turnaround, the officer may, for the purpose of establishing whether that is the case, request the person to do one or more of the following:
   1. supply their full name or names, date of birth, country of birth, nationality, and residential address;
   2. produce for inspection documentary or other evidence of the person’s identity;
   3. produce any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person;
   4. produce any passport or certificate of identity relating to any dependent child of the person who the immigration officer also has good cause to suspect is liable for deportation or turnaround;
   5. surrender any of the documents or other things listed in paragraphs (i) to (iv) above;
   6. if the person does not currently have in his or her possession any of the documents or other things listed in paragraphs (i) to (iv) above, give the immigration officer details of where they can be found and who is holding them.
2. Before acting under D2.25.35(a) above the immigration officer must first:
   1. inform the person that he or she suspects that the person is liable for deportation or turnaround; and
   2. warn the person that if the person fails without reasonable excuse to comply with his or her request, the person is liable to arrest and detention under the Immigration Act 2009.

D2.25.40 Powers to require written authority to obtain information and documents from a third party

See also Immigration Act 2009 s 281

1. Where a person is liable for deportation or turnaround;
   1. in addition to the powers referred to in D2.25.35 above, an immigration officer may;
      • require the person to give to the officer written authority to obtain from any other person documents or other things of a kind referred to in section D2.25.35(a)(ii), (iii), or (iv) held by or on behalf of the person; and
      • require the person to produce and surrender any travel tickets or cash or security in lieu of travel tickets, held by or on behalf of the person; and
   2. any documents or other things surrendered or obtained may be used by the Crown towards effecting the person’s deportation or departure from New Zealand.
2. To the extent that any documents or things surrendered or obtained under D2.25.35 or D2.25.40 are not used or required for the person’s deportation or departure, they must be returned to the person:
   1. on the person’s departure from New Zealand or on the person being granted a visa and entry permission; or
   2. when the person’s liability for deportation is cancelled or suspended, or ceases for any reason.

D2.25.45 Constables' powers

See also Immigration Act 2009 ss 286, 293

1. A constable has the same powers of entry and inspection as immigration officers, as set out in D2.25.20 to D2.25.40.
2. In addition to the powers in (a) above, a constable has the powers of entry and search relating to deportation set out in section 286 of the Immigration Act 2009. This provides that:
   1. for the purpose of serving any deportation liability notice or executing a deportation order, a constable may, without further authority than this section, and by force if necessary:
      • enter and search at any reasonable time by day or night (see D2.30.10(d) and (e) and D2.40.1(d) and (e)) any building or premises in which the officer believes on reasonable grounds that the person named in the notice or order is present; and
      • serve the notice or execute the deportation order.

D2.25.50 Power of arrest - constables

See also Immigration Act 2009 ss 114, 115, 309, 310, 313, 327, 329

1. The Immigration Act 2009 has a number of provisions which give constables powers of arrest.
2. When arresting and detaining any person without warrant under any provision in section 313 of the Immigration Act 2009, the constable has a duty to:
   1. inform the person at the time of arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest and the fact that the arrest does not relate to a criminal matter; and
   2. if not in uniform, produce evidence that they are a constable; and
   3. inform the person that they may contact a lawyer, or (if appropriate), a responsible adult; and
   4. inform the person of the maximum duration of the detention.
3. A constable arresting any person under the Immigration Act 2009 may call on any person nearby for assistance. That may include an immigration officer, who is then justified in assisting.

D2.25.55 Requirement on officers to identify themselves

See also Immigration Act 2009 s 465

1. Immigration officers, Customs officers and constables are all required to identify themselves when exercising the powers of an immigration officer under the Immigration Act 2009.
2. Suitable evidence of identity is as follows:
   1. for immigration officers, the officer's warrant of designation.
   2. for Customs officers, evidence of the officer's appointment as a Customs officer.
   3. for constables, being in uniform is sufficient, otherwise the officer's badge or other evidence of being a member of the Police.
3. If an officer is seeking entry to any premises, building or craft in the course of their duties under the Immigration Act 2009, the officer must, if called upon to do so, state the provision or provisions of the Immigration Act 2009 which entitle them to entry.

Effective 29/11/2010