Y4.1 Detention of persons arriving at the border

Immigration Act 1987 ss 128, 128B

A person who arrives at the border may be detained if:

1. they have been refused entry to New Zealand (see Y3.1) and are awaiting departure on the first available craft (see Y3.70); or
2. that person is not exempt from having to hold a permit; and
   1. there is reason to suspect that:
      • section 7(1) of the Immigration Act 1987 may apply to that person; or
      • that person has no appropriate immigration documentation; or
      • any such documentation held appears to be false; and
   2. a decision whether or not to grant that person a permit, or if the person holds a pre-cleared permit, to revoke that permit, has not been made because that person's status under section 7(1) cannot be immediately ascertained.

      Note: only a Police officer may detain a person under section 128 or 128B.

Effective 01/10/1999