Immigration Amendment Act 2015

71 New section 285A inserted (Search of persons)

After section 285, insert:

285A Search of persons

(1)

An immigration officer may search a person who arrives in New Zealand from another country if—

(a)

the immigration officer has demanded, under section 103(1)(da), the production of the person’s passport or certificate of identity and any travel tickets held by the person; and

(b)

the person has failed to comply with that demand; and

(c)

the immigration officer believes on reasonable grounds that the person is not a New Zealand citizen; and

(d)

the immigration officer has reasonable cause to suspect that some or all of the required documents are hidden on or about the person or in any baggage under the immediate control of the person.

(2)

A search under this section may include a rub-down search (as defined in the Search and Surveillance Act 2012), a search of the person, or both.

(3)

If, as a result of a search under this section, the person’s passport or certificate of identity or any travel tickets are found,—

(a)

the documents may be retained by the immigration officer for the purpose of administering this Act (unless the person is found to be a New Zealand citizen or a person who has a visa and entry permission); and

(b)

the documents must be returned to the person—

(i)

if the person is granted a visa and entry permission; or

(ii)

on the person’s departure from New Zealand.

(4)

Sections 123 to 126 and subpart 7 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any immigration officer exercising a power under this section, and, if the search is a rub-down search, sections 85 to 87 of that Act also apply.