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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
138 Powers of entry and inspection
  • (1) Where an immigration officer believes on reasonable grounds that the information contained in any register or list kept by the operator of any hotel, motel, guesthouse, motorcamp, or other premises in which accommodation is offered for valuable consideration to any member of the public might lead to the apprehension of any person who is in New Zealand unlawfully, the officer may at any reasonable time during which the premises are open for business, whether by day or by night, without a warrant or any other authority than this section, enter any part of the premises (other than a part of the premises which is a dwellinghouse) in which the officer reasonably believes the register or list is kept, and require any person appearing to have that register or list under that person's control to produce any part of that register or list that relates to any such person to the immigration officer for inspection by the officer.

    (2) Where an immigration officer believes on reasonable grounds that—

    • (a) any wages and time record kept by an employer in accordance with the provisions of any Act is kept on any business premises; and

    • (b) there may be an entry in that record relating to any person who is in New Zealand unlawfully, or who is not entitled under this Act to undertake employment in New Zealand or to undertake employment by that employer,—

    the officer may at any reasonable time during which work is being carried on on the premises or the premises are open for business, whether by day or by night, without a warrant or any other authority than this section, enter any part of those premises in which the officer reasonably believes the record is kept, and require the employer or the person appearing to have the record under that person's control to produce for inspection any such wages and time record.

    (3) An immigration officer may copy any part of any document produced to the officer under this section that relates to a person who the immigration officer believes on reasonable grounds is in New Zealand unlawfully, or is not entitled under this Act to undertake employment in New Zealand or to undertake the employment to which the document relates.

    Section 138(1): amended, on 18 November 1991, by section 42(1)(a) and (b) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 138(2)(a): substituted, on 18 November 1991, by section 42(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 138(2)(b): substituted, on 18 November 1991, by section 42(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 138(3): substituted, on 18 November 1991, by section 42(3) of the Immigration Amendment Act 1991 (1991 No 113).