Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Powers of immigration officers in relation to persons suspected of being in New Zealand unlawfully

64 Power to require production of certain information by departments of State and other bodies
  • (1) Where an immigration officer has good cause to suspect that—

    • (a) a particular person is in New Zealand unlawfully; or

    • (b) particular premises are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who is in New Zealand unlawfully,—

    the officer may prepare a certificate in the prescribed form to that effect.

    (2) A certificate prepared under subsection (1)(a) may, where the immigration officer believes that the person concerned may be using 1 or more aliases, include any such alias.

    (3) On production by an immigration officer of a certificate prepared under subsection (1), an officer or employee of any department of State or other body specified in the first column of Schedule 1 must produce for inspection by the immigration officer, and allow the immigration officer to copy, any record or other information held by and reasonably available to that department or other body that tends to establish—

    • (a) in the case of a certificate prepared under subsection (1)(a), the present whereabouts of the person named in the certificate or that person's whereabouts at any time in the past; or

    • (b) in the case of a certificate prepared under subsection (1)(b), the name of the present occupier or any of the present occupiers of the premises or the name of the occupier or any of the occupiers of the premises at any time in the past.

    (4) Where, in respect of any department of State or other body specified in the first column of Schedule 1, the class of records or information to which an immigration officer may have access is specified in the second column of that schedule, nothing in subsection (3) applies to any other class of records or information held by that department of State or other body.

    (5) Subsection (3) applies notwithstanding any enactment or rule of law to the contrary, and no person who provides a record or information in compliance with that subsection is liable in any civil or criminal proceedings in respect of that action.

    Section 64: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 64: substituted, on 18 November 1991, by section 31 of the Immigration Amendment Act 1991 (1991 No 113).