Immigration Act 1987

138A Power to require surrender of documents from suspected person
  • (1) If an immigration officer has good cause to suspect that a person is in New Zealand unlawfully and is liable to be removed from New Zealand under Part 2, or is a person to whom any provision of Part 6 applies, the officer may, for the purpose of establishing whether or not that is the case, and after informing the person of that suspicion, request the person—

    • (a) to give the person's full name (or names, where the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:

    • (b) to provide to the officer—

      • (i) any passport or certificate of identity relating to the person, whether or not it also relates to any other person:

      • (ii) any documentary or other evidence of the person's identity:

      • (iii) any passport or certificate of identity relating to any dependent child of the person who the immigration officer also has good cause to suspect is in New Zealand unlawfully, or is a person to whom Part 6 applies:

      • (iv) any travel tickets, or cash or security in lieu of travel tickets, held by or on behalf of the suspect person:

    • (c) if the person does not currently have in his or her possession any of the documents or other things referred to in paragraph (b), to give the officer details of where they can be found and who is holding them.

    (2) If the person refuses or fails without reasonable excuse to comply with any request under subsection (1) (other than a request to surrender travel tickets, or cash or security in lieu of travel tickets), the officer must warn the person that if the refusal or failure persists the person is liable to be detained under this Act.

    (3) If the refusal or failure still persists, any member of the police may arrest the person without warrant and place the person in custody.

    (4) If a person has been arrested and placed in custody under this section because the person failed to identify himself or herself or failed to produce relevant documents to confirm his or her identity, an immigration officer must ensure that, unless the person's identity has been confirmed, the person is brought before a District Court Judge as soon as practicable so that the person can establish his or her identity to the satisfaction of the Judge.

    (5) The Judge may determine who the person is, and both before and after doing so may make any orders and give any directions the Judge thinks fit.

    (6) Anything that was done in the exercise of a power under former section 65 and that was in effect immediately before its repeal continues to have effect as if it had been done under this section.

    Section 138A: inserted, on 18 June 2002, by section 13(1) of the Immigration Amendment Act 2002 (2002 No 22).