D4.20 Detention of persons arriving at the border (29/11/2010)

See also Immigration Act 2009 s 115

A person arriving in New Zealand from another country may be arrested and detained under Part 9 of the Immigration Act 2009 if:

1. they are a person to whom a visa waiver applies who fails to apply for a visa and entry permission or is refused a visa; or
2. they are not a person to whom a visa waiver applies and not the holder of a visa granted under the Immigration Act 2009; or
3. they hold a visa but:
   1. the visa is subsequently cancelled:
      • on the refusal or revocation of entry permission; or
      • because they left an immigration control area without presenting to an immigration officer or did not comply with the instruction to remain in the area; or
      • because they arrived in New Zealand other than at an immigration control area but failed to present themselves within 72 hours at an immigration control area; or
   2. the visa is cancelled for administrative error while the person is in an immigration control area (unless some other visa is granted to the person or the person is a New Zealand citizen); or
4. they are a stowaway; or
5. after arriving in New Zealand, their transit visa is cancelled by an immigration officer; or
6. they are the holder of a transit visa and the transit period concerned has expired; or
7. they have no appropriate immigration documentation; or
8. any such documentation held appears to be false; or
9. a decision whether or not to grant them a visa and/or entry permission has not been made because their status under sections 15 and 16 of the Immigration Act 2009 cannot be immediately ascertained; or
10. they are suspected by an immigration officer or a constable to be liable for deportation or turnaround and they fail to supply satisfactory evidence of their identity when requested under section 280 of the Immigration Act.

Effective 29/11/2010