Y3.15 Persons found in possession of illegal drugs (29/11/2010)

See also Immigration Act 2009 ss 16, s83

1. A passenger found in possession of illegal drugs on arrival may have committed an offence, or may be considered likely to commit an offence punishable by imprisonment. Such persons will not normally be granted a visa or entry permission.
2. A person apprehended at the border in possession of illegal drugs may be:
   1. charged by the Police for carrying or importing drugs; or
   2. formally warned by the Police; or
   3. referred by a Customs officer directly to an immigration officer.

      Note: These provisions apply in any circumstance where it is considered that the person is likely to commit any offence which is punishable by imprisonment.

3. If such a person has been charged and detained by the Police until a court appearance and they are subject to section 16, an appropriately delegated immigration officer may give a special direction under section 17 of the Immigration Act 2009 to grant the person a limited visa under section 83 of the Immigration Act 2009 for the express purpose of enabling the person to face the charge(s) laid or to serve any sentence imposed on the charge(s).

   Note: The court action should be monitored with a view to having the person deported from New Zealand as soon as possible.

4. If the person is only given a formal warning by the Police, or the person is referred to an immigration officer by a Customs officer, the person should be interviewed to determine whether section 16(1)(a)(i) of the Immigration Act 2009 applies to them.

Effective 29/11/2010