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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
137 Powers of entry and search
  • (1) For the purpose of serving or executing any removal order or deportation order or any notice under section 20(2) or notice under section 34C(3)(a) of this Act, any member of the Police may, on producing the order or notice but without further authority than this section, and by force if necessary, enter at any reasonable time by day or night any building or premises in which the member of the Police believes on reasonable grounds that the person named in the order or notice is present.

    (2) Where a member of the Police, or a customs officer undertaking immigration duties, believes on reasonable grounds that it is necessary for the purpose of detecting any offence against this Act or of apprehending any person who is in New Zealand unlawfully or in respect of whom a deportation order has been made or to whom section 128 of this Act applies, the member or officer may at any time, without a warrant or any other authority than this section, do all or any of the following things:

    • (a) enter and search any form of aircraft or any other form of air-borne vehicle that arrives in New Zealand, being an aircraft or vehicle capable of transporting any person to New Zealand from any country outside New Zealand, for the purpose of determining whether or not there is on board the aircraft or vehicle any stowaway or any other person from or in respect of whom documentation is or may be required under section 125 or section 126 of this Act:

    • (aa) enter and search any form of ship or any other form of sea-borne vessel that arrives in New Zealand, being a ship or vessel capable of transporting any person to New Zealand from any country outside New Zealand, for the purpose of determining whether or not there is on board the ship or vessel any stowaway or any other person from or in respect of whom documentation is or may be required under section 125 or section 126 of this Act:

    • (b) enter and search any land or premises in any airport, including any Customs place or Customs controlled area or transit building.

    (2A) This subsection applies to a person who, if he or she lands in New Zealand, will—

    • (a) commit an offence against this Act; or

    • (b) be in New Zealand unlawfully.

    (2B) A member of the police, or a customs officer undertaking immigration duties, who believes on reasonable grounds that there are on board a ship or any other form of sea-borne vessel that is within the contiguous zone or territorial sea of New Zealand people to whom subsection (2A) applies may, without a warrant or any authority other than this section,—

    • (a) for the purpose of determining whether or not there are on board the ship or vessel people to whom subsection (2A) applies, enter and search it; and

    • (b) if satisfied that there are on board the ship or vessel people to whom subsection (2A) applies, exercise any power he or she could exercise if it were within New Zealand.

    (2C) A person does not enter New Zealand lawfully by reason only of being brought into New Zealand—

    • (a) by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b); or

    • (b) on board a ship or vessel permitted or required to enter New Zealand by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b).

    (3) Where a member of the Police, or a customs officer undertaking immigration duties, has good cause to suspect that an offence against this Act is likely to be or is being committed in or on, or that a person, being a person who is in New Zealand unlawfully or a person in respect of whom a deportation order has been made or a person to whom section 128 of this Act applies, is in or on any part of the foreshore, or the shores or banks of any port, bay, harbour, lake, river, or other waters, or any land or premises in any port, including any containerbase, Customs place, Customs controlled area, wharf, or transit building, or any pier or other structure attached to and extending from any such shore or bank, the member or officer may enter and search those places at any time if the member or officer considers the entry to be necessary for the purpose of discovering the offence or apprehending the person so suspected.

    Section 137(1): amended, on 18 November 1991, by section 23(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 137(1): amended, on 1 October 1999, by section 44 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 137(2)(a): substituted, on 1 August 1996, by section 3 of the Immigration Amendment Act 1996 (1996 No 75).

    Section 137(2)(aa): inserted, on 1 August 1996, by section 3 of the Immigration Amendment Act 1996 (1996 No 75).

    Section 137(2)(b): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 137(2A): inserted, on 18 June 2002, by section 12 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 137(2B): inserted, on 18 June 2002, by section 12 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 137(2C): inserted, on 18 June 2002, by section 12 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 137(3): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).