D2.25 Identifying and locating people suspected of being liable for deportation

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, 278, 280, 281, 287, 288

1. 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. Some of the powers may only be exercised by authorised immigration officers (see A15.1.20).
2. Powers in relation to collection of biometric information for compliance purposes are described in A22.

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 that certain government agencies, or other bodies or persons must produce for inspection and provide a copy, or must 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 s 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. An immigration officer 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 (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 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.

        Note: Premises includes a dwelling house.

3. The powers described in (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 (which, to avoid doubt, includes the obligation not to commit an offence) under the Immigration Act 2009;
   3. locating a person who is liable for deportation;
   4. determining whether a person who is working for an employer in New Zealand is entitled to work in New Zealand.
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.

D2.25.31 Powers of entry and search for employees on employers’ premises

See also Immigration Act 2009 s277A

1. In this section:
   1. premises means any premises, including a dwellinghouse and any ship or other vessel or vehicle
   2. specified employee means a person who an immigration officer believes on reasonable grounds is or may be an employee of an employer who the immigration officer has good cause to suspect is committing an offence undersection 350 or 351
   3. specified person means a person who an immigration officer believes on reasonable grounds is or may be a person who:
      • is not entitled under this Act to work in New Zealand; or
      • is not complying with 1 or more work-related conditions of his or her visa.
2. An immigration officer may, for any purpose listed in section 277(1), exercise any 1 or more of the powers in specified in (c) if the officer believes on reasonable grounds that a specified person or a specified employee is at premises:
   1. that are owned, occupied, or used by an employer; and
   2. at which the officer believes on reasonable grounds that work is being done.
3. An immigration officer may:
   1. enter any part of the premises; and
   2. search for any specified person or specified employee at the premises; and
   3. require any specified person at the premises to answer questions put by the immigration officer in order to ascertain:
      • whether the person is entitled to work in New Zealand; and
      • whether the person is complying with the work-related conditions of his or her visa (if any); and
      • require any specified person at the premises to produce for inspection; and
      • any documentary or other evidence of the person’s identity; and
      • the person’s passport or certificate of identity (whether or not it also relates to any other person); and
   4. require anyone at the premises who has access to copying facilities to provide copies of any documents or things provided under (c) (iv); and
   5. require any specified employee at the premises to answer questions put by the immigration officer in order to ascertain whether the specified employee’s employer is complying with the employer’s obligations under the Immigration Act 2009.
4. An immigration officer may retain any original documents or things produced under (c)(iv), and any copies provided under (c)(v), and may check them against any wages and time records, or any other documents relating to the remuneration or employment conditions of any employees, obtained by the officer under section 277(3) of the Immigration Act 2009.
5. The powers specified in (c) may be exercised at any reasonable time during which work is being carried out at the premises, or they are open for business, whether by day or by night, without a warrant or any other authority than this section.
6. Any original documents or things produced under this section may be retained and used by an immigration officer until the immigration officer has determined whether the person to whom they relate is liable for deportation or turnaround, and then,—
   1. if the person is liable for deportation or turnaround, or becomes liable for deportation following the exercise of the immigration officer’s powers under this section, the documents or things may be retained and used by the Crown toward effecting the person’s deportation or departure from New Zealand; or
   2. if the person is not liable for deportation or turnaround, and does not become liable for deportation following the exercise of the immigration officer’s powers under this section, the documents or things must be returned to the person as soon as possible..

D2.25.32 Powers of immigration officers to enter premises to obtain information from education providers

See also Immigration Act s 278

1. An immigration officer may:
   1. enter any part of the education provider’s premises in which the officer reasonably believes the information or record described in (b) below is held; and
   2. require the education provider or person appearing to have the information or record under that person’s control to produce for inspection the information or record; and
   3. copy or require a person to provide a copy of any information or record that is required to be produced to the officer.
2. The powers described in (a) above may only be exercised in circumstances where an immigration officer believes on reasonable grounds that:
   1. any information or record is held on an education provider’s premises; and
   2. that information or record may relate to a person, excluding any person described in (c) below, who is:
   3. not entitled under the Immigration Act 2009 to study in New Zealand, or undertake a programme of study of a particular type or duration or conducted by a particular education provider; or
   4. otherwise not complying with obligations under the Immigration Act 2009 (including obligations as an education provider); or
   5. liable for deportation.
3. The powers described in (a) above may not be exercised in relation to a person undertaking compulsory education (see section 4 of the Immigration Act 2009) or any member of the family of such a person.
4. The powers described in (a) above may only be exercised for the following purposes:
   1. determining whether a person is complying with the study-related conditions of his or her visa;
   2. determining whether an education provider is complying with the provider’s obligations under the Immigration Act 2009;
   3. locating a person who is liable for deportation.
5. Entry may be made at any reasonable time, both day and night, during which the education provider is open for business.
6. No warrant or authority other than section 278 of the Immigration Act 2009 is required.

D2.25.33 Treatment of identity documents and other things

See also Immigration Act s 279A

1. In this provision and D2.25.35 and D2.25.40, identity document, in relation to a person, means all or any of the following:
   1. documentary or other evidence of the person’s identity;
   2. any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person;
   3. any passport or certificate of identity relating to a dependent child of the person (but only in circumstances where there is good cause to suspect that the child is liable for deportation or turnaround).
2. Any identity documents or things surrendered or obtained under D2.25.35 and D2.25.40 may be used by the Crown toward effecting the person’s deportation or departure from New Zealand.
3. To the extent that any identity documents or things surrendered or obtained under D2.25.35 and D2.25.40 are not used or required for the person’s deportation or departure from New Zealand, 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.

D2.25.35 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 things:
   1. supply the person’s full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address;
   2. produce any identity documents for inspection;
   3. surrender any identity document produced under (ii);
   4. if the person does not currently have in his or her possession an identity document requested by the officer, give details to the officer of where it can be found or who is holding it.
2. Before acting under (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 information from person liable for deportation or turnaround

See also Immigration Act 2009 s 281

Where a person is liable for deportation or turnaround an immigration officer may require the person to:

1. do any of the things referred to in D2.25.35; and
2. produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person

D2.25.41 Obligation of third parties to surrender identity documents

See also Immigration Act 2009 s 281A

1. A person (person A) must surrender an identity document relating to another person (person B) to an immigration officer if:
   1. person B:
      • has failed to produce or surrender the identity document when required to do so under D2.25.35 or D2.25.40; or
      • has told an immigration officer where the identity document may be found or who is holding it; and
   2. the immigration officer has good cause to suspect that person A is in possession of the identity document; and
   3. the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document.
2. No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer.

D2.25.42 Power of entry and search for identity documents

See also Immigration Act 2009 s 281B

1. An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in (b) if:
   1. the person is liable for deportation or turnaround; and
   2. the person has refused a requirement under section 281 to produce or surrender an identity document required under that section; and
   3. the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and
   4. the place proposed to be entered and searched is:
      • the place (which may include a vehicle) where the person is currently located; or
      • the person’s abode; or
      • any premises or vehicle owned by, or under the control of, the person.
2. An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following:
   1. enter and search a place referred to in (a)(iv);
   2. seize any identity document that a person has been required to produce or surrender and that is found at the place.

D2.25.43 Powers of entry and search relating to deportation

See also Immigration Act 2009 s 286

For the purpose of serving any deportation liability notice, deportation order, or removal order, or executing a deportation order or removal order, an immigration officer authorised under section 388(2) of the Immigration Act 2009 may, without further authority than section 286 of the Immigration Act 2009, and by force if necessary:

1. 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
2. serve the notice or order, or execute the deportation order or removal order.

D2.25.45 Constables' powers

See also Immigration Act 2009 ss 286, 293

A constable has the same powers of entry and inspection as immigration officers, as set out in D2.25.20 to D2.25.42.

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 section 313 of the Immigration Act 2009, the constable has a duty to: a.
   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 28/08/2017