32B Completion of processing under Immigration Act 2009 and Biosecurity Act 1993

(1)

This section applies to a person in a designated place who has arrived in New Zealand or who departs, or attempts to depart, from New Zealand.

(2)

The person must remain in the designated place until the processing, under the Immigration Act 2009 and, if applicable, the Biosecurity Act 1993, in respect of the person’s arrival in, or departure from, New Zealand, is completed.

(3)

A Customs officer may direct the person to comply with the person’s obligation under subsection (2).

(4)

For the purposes of subsection (2), the processing referred to in that subsection is completed when—

(a)

the person has complied with all obligations imposed on the person, in respect of the person’s arrival in, or departure from, New Zealand, under the Immigration Act 2009 and, if applicable, the Biosecurity Act 1993; and

(b)

the powers and duties under those Acts that are, in relation to the person, required to be exercised or performed in the designated place have, so far as practicable, been exercised or performed in that place.

(5)

In this section,—

authorised officer means an officer authorised under the Immigration Act 2009 or the Biosecurity Act 1993

designated place means—

(a)

a Customs controlled area; or

(b)

a Customs place; or

(c)

a place approved by the chief executive for the purposes of—

(i)

the arrival of a craft in New Zealand; or

(ii)

the departure of a craft from New Zealand; or

(d)

a Police station to which a person reports under section 27(1)

processing includes—

(a)

consideration by any authorised officer as to the applicability of powers and duties under the Immigration Act 2009 or the Biosecurity Act 1993 to the person; and

(b)

reconsideration by any authorised officer, in the light of any new information, of a previous exercise or performance of a power or duty under the Immigration Act 2009 or the Biosecurity Act 1993; and

(c)

any reasonable time following a request by a Customs officer that an authorised officer who is not present at the designated place consider, exercise, or perform a particular power or duty under the Immigration Act 2009 or the Biosecurity Act 1993 that—

(i)

may, in the opinion of the Customs officer, be applicable to the person; and

(ii)

may not be exercised or performed by any authorised officer present at the designated place at the time of the request; but

(iii)

may be exercised or performed by the authorised officer to whom that request is made.

Section 32B: inserted, on 6 March 2007, by section 6 of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 32B heading: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(2): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(4)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(5) authorised officer: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(5) processing paragraph (a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(5) processing paragraph (b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 32B(5) processing paragraph (c): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).