Immigration Act 2009 Commencement Order 2012

2012/197

Coat of Arms of New Zealand

Immigration Act 2009 Commencement Order 2012

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 30th day of July 2012

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 2(2) of the Immigration Act 2009, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Immigration Act 2009 Commencement Order 2012.

2 Commencement of sections 278, 283 to 287, and 312 of Immigration Act 2009

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings sections 278, 283 to 287, and 312 of the Immigration Act 2009 (the Act) into force on 3 September 2012.

Section 278 sets out the entry and inspection powers that an immigration officer may exercise in relation to records of education providers.

Section 283 sets out the powers that an immigration officer may exercise at the border.

Section 284 sets out the entry and search powers that an immigration officer may exercise in relation to craft.

Section 285 sets out the entry and search powers that an immigration officer may exercise at any border place.

Section 286 sets out the entry and search powers that an immigration officer may exercise in relation to serving a deportation liability notice or executing a deportation order.

Section 287 provides that an immigration officer may, in relation to a person who is liable for deportation or turnaround, photograph and measure, and take the fingerprints, palm-prints, or footprints of, or scan the irises of, that person to meet entry or transit requirements of the country to or through which the person is to travel.

Section 312 provides that an immigration officer may detain, for up to 4 hours, persons who are liable to arrest or detention under Part 9 of the Act in certain circumstances.

The only provisions of the Act that now await a commencement date are sections 100, 104, and 400(l).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 August 2012.

This order is administered by the Ministry of Business, Innovation, and Employment.