Y3.25 Powers of entry and search by immigration officers, members of the Police, and Customs officers

See also Immigration Act 2009 ss 283, 284, 285

1. An authorised immigration officer, a member of the Police or a Customs officer undertaking immigration duties may enter and search any craft that arrives in New Zealand, enter and search any land or premises in any airport or port including an immigration control area, without warrant or any other authority than sections 283–285 of the Immigration Act 2009, if they believe on reasonable grounds that this is necessary for the purpose of:
   1. detecting any offence against the Immigration Act 2009; or
   2. apprehending any person who is liable for deportation, or is or is likely to be liable for turnaround; or
   3. processing arriving passengers; or
   4. locating any stowaway; or
   5. deporting any person or facilitating the departure of persons liable for turnaround.
2. An authorised immigration officer, a member of the Police or a Customs officer undertaking immigration duties may enter and search any border place where they have good cause to believe an offence against the Immigration Act 2009 is being or is likely to be committed or to apprehend a person liable for deportation or turnaround who is in the place.
3. In (b) above, a ‘border place’ means:
   1. any part of the foreshore; or
   2. the shores or banks of any port, bay, harbour, lake, river, or other waters; or
   3. any land or premises in any port, including any container-base, immigration control area, wharf, or transit building; or
   4. any pier or such structure attached to or extending from any such shore or bank described in (c)(ii) above.
4. A member of the Police or a Customs officer undertaking immigration duties may enter and search any ship or other sea-borne vessel within the contiguous zone or territorial sea of New Zealand, if they believe on reasonable grounds that there is on board a person who, if they land in New Zealand, will commit an offence against the Immigration Act 2009, or be liable for deportation, or be or likely to be liable for turnaround.

Effective 02/02/2015