D4.30 Placing persons refused entry (03/09/2012)

1. In the first instance, people refused entry must be placed on the first available craft (see Y3.70) to take them from New Zealand.
2. An immigration officer may use their discretion bearing in mind the particular circumstances of the case, to determine whether a person who is refused entry permission, needs to be placed into custody, by considering if:
   1. a craft is available (see Y3.70) to take them on the same day; and
   2. the officer is satisfied that the person cannot abscond from the airport facilities concerned; and
   3. the person concerned poses no security risk, as assessed in conjunction with the Police and airport security.
3. The person refused entry will normally be placed into custody if:
   1. (b)(i) to (iii) above cannot be met; or
   2. for any reason, an available craft:
      • is no longer available to take the person from New Zealand; or
      • is, or is likely to be, delayed in New Zealand for more than 24 hours; or
   3. for any other reason the person is unable to leave New Zealand at the expected time.
4. If an immigration officer determines that custody is necessary the officer must:
   1. ask a constable to detain the person in custody until departure; and
   2. arrange the departure of the detained person; and
   3. if applicable, refer the matter to an immigration officer responsible for issuing infringement notices for consideration of service of an infringement notice on the carrier.

Effective 03/09/2012