Immigration Officers and Decision-Makers

Explains the designation, powers, and authority of immigration officers and refugee and protection officers under the Immigration Act 2009.

Status: needs_review
Updated: 2026-05-01
Also known as: Immigration OfficersDecision-MakersDesignations
Sources: A15.1A15.1.5A15.1.10A15.1.10.1A15.1.15A15.1.20A15.1.25A15.1.30A15.1.35A15.5A15.15A15.20A15.25A15.30C2.5C3.20C4.25D2.25.1D2.25.5D2.25.10D2.25.15D2.25.20D2.25.25D2.25.30D2.25.31A22D4D4.1D4.5D4.10D4.11D4.12D4.13D4.14D4.14.1D4.14.5D4.14.10D4.14.15D4.14.20D4.15D4.17D4.25D4.30D4.35E2.25R2.45R5.1R5.80Y3.25

At a glance

Only persons designated by the chief executive as immigration officers or refugee and protection officers may make immigration decisions under the Immigration Act 2009 [A15.1]. The chief executive specifies which functions and powers each officer may exercise, and certain enforcement powers require a formal warrant of designation [A15.1.20]. Delegations from the Minister of Immigration and the chief executive further shape who may carry out particular tasks [A15.1.35].

Definition

An immigration officer is the chief executive of the Ministry of Business, Innovation and Employment and any person designated as such by the chief executive [A15.1.5]. The definition also includes:

Customs officers designated for specific border and compliance functions under Parts 3 and 4 and certain sections of the Act [A15.1.5]
Heads of mission, consular staff, and staff at overseas posts or MBIE branches, when individually or by class designated [A15.1.5]
Agents for New Zealand performing consular functions under agreement or request [A15.1.5]

The chief executive must specify the authorised functions and powers of each immigration officer. An officer cannot exercise a power unless specifically authorised [A15.1.5].

A refugee and protection officer (RPO) is a separate designation. A person may not be both an immigration officer and an RPO simultaneously [A15.1]. RPOs may perform all functions and powers of that role once designated [A15.1.5].

Determination of refugee and protection claims (C2.5)

Every refugee and protection claim must be determined by a refugee and protection officer (RPO) [C2.5]. RPOs are INZ employees whom the chief executive has designated to undertake refugee and protection status determinations [C2.5]. However, no person who is currently employed to consider applications for visas or to administer the deportation provisions of the Immigration Act 2009 may be designated as, or act as, an RPO [C2.5]. In carrying out their functions, RPOs must act in accordance with the Immigration Act 2009 and, to the extent that a matter relating to a refugee or person claiming recognition as a refugee is not dealt with in the Act, in a manner consistent with New Zealand's obligations under the Refugee Convention [C2.5].

Process for designation

To be designated as an immigration officer, a person normally must complete training, demonstrate competence in specified areas, and be deemed competent [A15.1.10]. The manager submits a request to the chief executive when satisfied that these requirements are met [A15.1.10]. The chief executive may also designate an individual without following the standard process [A15.1.10]. A letter of designation is issued detailing any delegated powers [A15.1.10].

Designations continue in force until revoked, even after a change of chief executive, and are subject to any restrictions or conditions specified in the warrant [A15.1.10].

Transitional provisions treat immigration and visa officers designated under the 1987 Act as immigration officers under the 2009 Act, with appropriate authority [A15.1.10.1].

The process for RPO designation similarly requires training, competence demonstration, and a finding of competence [A15.1.25].

Warrant of designation

An immigration officer authorised to exercise any of the following powers must receive a warrant of designation signed by the chief executive, specifying the authorised powers [A15.1.20]:

Power to deport under s 178
Entry and inspection powers (s 276, 277, 277A, 278)
Powers to require information or documents (s 279, 280, 281, 281A, 281B)
Border powers (s 282-285, 285A)
Entry and search power (s 286)
Power to require biometric information (s 288)
Power of detention (s 312)

The warrant is sufficient evidence of designation and authorisation [A15.1.20]. To be issued a warrant, the officer must have received suitable training [A15.1.20].

An officer exercising entry or detention powers must produce the warrant on request and state the provision under which they are acting; if making an oral request, the warrant must be produced on demand [A15.1.20]. A constable exercising immigration officer powers can comply by being in uniform or displaying a badge or other evidence of constable status [A15.1.20].

Even officers not authorised for the above powers may be issued a warrant [A15.1.20]. The warrant must be kept secure, used only by the designated officer, produced when required by law, and returned to the chief executive when the officer leaves the Ministry or moves to a role that no longer requires it [A15.1.20].

Revocation or lapsing of designations

The chief executive may revoke any designation or authorisation in writing at any time [A15.1.30]. A designation lapses automatically when the person leaves the relevant service or employment [A15.1.30]. A person whose designation is revoked or lapsed must immediately surrender the warrant to the chief executive [A15.1.30].

Application in decisions

Only an authorised immigration officer or refugee and protection officer may make substantive immigration decisions [A15.1]. If a decision is made by an undesignated person, it is void. However, the chief executive may delegate certain powers and functions to persons who are not immigration officers; such persons may exercise those delegated powers even without an immigration officer designation [A15.1.35]. These delegations, and any sub-delegations, are documented in separate delegation instruments [A15.20].

Secretary-to-Deputy Secretary delegation (A15.20)

A standing delegation effective 27 August 2025 from the Secretary for Business, Innovation and Employment (the Delegator) to the Deputy Secretary Immigration (the Delegate) confers the powers and functions listed in Schedule One of the instrument [A15.20]. This delegation is made under the Public Service Act 2020, Schedule 6, clause 2, and applies to the office holders regardless of changes in personnel [A15.20]. The Delegate may further sub-delegate the powers (with approval) [A15.20].

Key delegated powers under the Immigration Act 2009 include [A15.20]:

Approving electronic systems for advance passenger processing decisions and for confirming citizenship status (ss 4, 29A)
Giving general instructions to immigration and refugee protection officers on processing priorities (s 26(4),(5))
Making arrangements for assisting officers in processing claims and applications (s 26(8))
Predetermining criteria for automated decisions on boarding (s 29) and citizenship confirmation (s 29A)
Approving the form of a sponsor's written undertaking (s 48)
Determining the manner of entering and retaining visa records and entry permission in Departmental records (ss 62(1), 109A) and specifying additional visa entry matters (s 62(2)(f))
Exercising carrier notification, exemption, and advance passenger processing decision‑making powers (ss 96-97A)
Deciding on boarding conditions when a person fails to provide biometric information (s 100)
Publishing refugee and protection officer decisions where the public interest permits (s 151)
Entering into information‑sharing arrangements with other government agencies for immigration status identification (ss 294, 298-300, 302, 303-303C)
Disclosing information to overseas agencies for law enforcement, border security, and passenger processing (ss 305-305(7))
Signing certificates that a place is an immigration control area (s 367(e))
Approving and issuing application forms (s 381(1))
Designating immigration control areas at airports and ports, and designating places overseas where entry permission may be granted (ss 382, 383)
Making passport endorsements and determining the manner of endorsement (s 384)
Determining necessary facilities at designated airports/ports (s 385)
Designating immigration officers (including agents of foreign governments), specifying their powers, and signing warrants of designation (ss 388, 391)
Designating refugee and protection officers (s 390)
Revoking designations (s 391)
Determining methods for calculating fees in foreign currencies (s 393)

The delegation also includes powers under other legislation, such as the Immigration Advisers Licensing Act 2007 (s 9, s 91), the Citizenship Act 1977 (ss 26A-26B), the Electoral Act 1993 (s 87), and the Victims' Rights Act 2002 (s 39) [A15.20]. Detailed cross‑references appear in Schedule One of the instrument [A15.20].

Deputy Secretary sub-delegation (A15.25)

The Deputy Secretary Immigration has issued a standing sub-delegation (effective 28 August 2025) under the Public Service Act 2020, Schedule 6, clause 2, delegating the powers and functions set out in Schedule One to the positions listed in that Schedule [A15.25]. The sub-delegation applies to the office holders and their senior ranks (e.g., Compliance Officers includes Senior Compliance Officers) [A15.25].

The delegated powers may not be further sub-delegated, and must be exercised subject to any general or specific conditions imposed by the Deputy Secretary [A15.25]. The instrument revokes any previous sub-delegations for amended or removed powers, while confirming all other current delegations [A15.25].

The Schedule One powers mirror those conferred by the Secretary's delegation but are extended to a broader set of operational roles within Immigration New Zealand [A15.25]. Key functions delegated include:

Approving electronic systems for advance passenger processing and citizenship status confirmation (ss 4, 29A) — delegated to the Associate Deputy Secretary Immigration and Chief Operating Officer Immigration, with further roles for some systems (General Manager Immigration Risk and Border, Director Visa, Border Manager, Technical Specialist – Border, Border Officer) [A15.25]
Giving general instructions on processing priorities to immigration and refugee and protection officers (s 26(4),(5)) — Associate Deputy Secretary Immigration, Chief Operating Officer Immigration [A15.25]
Making arrangements for assisting officers in processing claims and applications (s 26(8)) — Associate Deputy Secretary Immigration, Chief Operating Officer Immigration, General Manager Refugee and Migrant Services, Operations Director [A15.25]
Predetermining criteria for automated electronic decisions on boarding (s 29) — extended to a wide range of positions including General Manager Immigration Risk and Border, Deputy Chief Operating Officer Immigration, Director Visa, Operations Director Border, Border Manager, Technical Specialist – Border, and Border Officer [A15.25]
Notifying carriers of their obligations, receiving advance passenger information, exempting carriers from responsibilities, and making boarding decisions under sections 96, 97, and 100 — delegated to numerous border and verification roles [A15.25]
Dealing with personal information for border security and law enforcement purposes (ss 102, 303, 303A, 303B, 303C, 305) — delegated to a range of border, intelligence, identity, and data‑sharing specialists [A15.25]
Disclosing information to overseas agencies for law enforcement and border security (ss 305(1), (2)(a), (2)(b)) — includes Intelligence Targeting Analysts, Regional Liaison Officers, National Manager Identity, and Programme Managers for Pacific Security [A15.25]
Providing identifying information to other government agencies on immigration status and fines enforcement (ss 295, 302, 298, 299, 300, 301) — includes Heads of Operations, Visa Operations Managers, Practice Leads, Technical Advisors, and General Managers [A15.25]
Approving and issuing application forms (s 381(1)) — extended to General Manager Future Services and General Manager Immigration Design and Assurance [A15.25]
Designating immigration officers and specifying their powers (s 388) — extended to Deputy Chief Operating Officer Immigration, Director Visa, Operations Director, Heads of Operations, Visa Operations Managers, and General Manager Immigration Risk and Border [A15.25]
Notifying victims under the Victims' Rights Act 2002 (s 39) — delegated to Technical Specialists, Resolutions Analysts, and Support Officers in the Resolutions Team [A15.25]

The sub-delegation includes powers under the Immigration Advisers Licensing Act 2007, Citizenship Act 1977, Electoral Act 1993, Immigration (Refugee and Protection Status Processing) Regulations 2010, and Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, with delegates assigned by position title [A15.25]. The instrument is designed to remain in force despite changes in office holders and to apply to amended powers automatically [A15.25].

Ministerial Delegation to Immigration Officers (A15.5)

Under the Minister of Immigration's current Instrument of Delegation (effective 16 February 2026), specific powers under the Immigration Act and associated regulations are delegated to immigration officers holding positions in Immigration New Zealand and Te Whakatairanga Service Delivery [A15.5]. The instrument revokes the previous delegation of January 2024 and also delegates to every immigration officer the power to implement practical decisions made by another officer under the instrument [A15.5]. The key delegations are:

Chief Executive and DCE Immigration New Zealand (Schedule 1): can exercise all powers in Schedules 2–4 without limitation, plus the power to specify international organisations in the Gazette to accept travel documents as certificates of identity [A15.5].
Senior managers and named Delegated Decision Makers (Schedule 2): including Director Visa, Tier 3–6 Managers, Immigration Managers, and specified DDMs, may exercise all powers in Schedules 3–4, plus numerous special direction powers, such as granting residence class visas under s17(1)(a) to persons subject to character or entry prohibition, granting temporary visas to prohibited applicants under s79(5), waiving fees and bonds, granting permanent resident visas as exceptions, varying resident visa conditions, waiving levy requirements, and accepting cash payments [A15.5].
Immigration officers and technical advisors (Schedule 3): can exercise assigned powers, including granting temporary entry class visas/transit visas to prohibited persons, varying conditions of resident visas by agreement, granting visas under s61 (unlawful status), suspending waivers of visa or transit visa requirements, and various regulatory waiver powers for specific application types (e.g. skilled migrant, refugee family support, victims of family violence) [A15.5].
Border officers (Schedule 4): may make decisions on entitlement to visas/entry permission, grant residence class visas/entry permission on arrival to certain prohibited persons, waive requirements to hold travel/transit visas, issue special directions relating to carriers and persons arriving/leaving New Zealand, impose/vary/cancel conditions of resident visas granted overseas, grant entry permission exceptions, and reduce or remove non-permanent prohibition periods [A15.5].
Te Whakatairanga Service Delivery (Schedules 5–7): the Chief Executive and DCE Te Whakatairanga have unlimited delegation to exercise powers in Schedules 6–7. Senior compliance managers may reduce/waive deportation debts and provide funds for deportation/repatriation. Compliance officers, technical specialists, and practice leads can determine false identity, liability for deportation, cancel deportation liability, and exercise many of the border-related powers listed in Schedule 7 [A15.5].

Ministerial Delegation to Named Delegated Decision Makers (A15.15)

A separate Instrument of Delegation, also effective 16 February 2026 and made under section 380 of the Immigration Act 2009, delegates specific additional powers to a named group of Delegated Decision Makers (DDMs) and to every immigration officer for the purpose of implementing DDM decisions [A15.15]. This instrument revokes the previous delegation of 21 January 2024 with the same title, and is additional to any other delegation apart from that revoked one [A15.15].

The specified DDMs are [A15.15]:

Elizabeth Cantrick
Katherine Macleod
Nicola Scotland
Lauren Deslandes
Lauren Christensen
Jordan Fallow
Susan Cooke
Christopher Adamson
Fraser Stretton
Kathleen Tait
Katy Goodwin
Sophie Leggett

Every immigration officer is also delegated the power to take all practical steps necessary under the Act to implement a decision taken by a DDM pursuant to this Instrument [A15.15].

The DDMs are delegated the following additional powers [A15.15]:

On granting a resident visa as an exception to residence instructions, the power under s50(1) to impose conditions in addition to those specified in the applicable residence instructions, or to vary or waive conditions that would otherwise apply [A15.15].
Following the grant of a resident visa, the power under s50(2) to, by special direction, impose further conditions, or vary or cancel conditions that would otherwise apply or were imposed under s50(1) [A15.15].
On granting a temporary entry class visa subject to restricted temporary entry instructions as an exception to those instructions, the power under s53(1) to impose conditions in addition to those specified, and to vary or waive conditions that would otherwise apply [A15.15].
Following the grant of such a temporary entry class visa, the power under s53(2) to, by special direction, impose further conditions, or vary or cancel conditions that would otherwise apply or were imposed under s53(1) [A15.15].
The power under s61A(1), as a matter of absolute discretion, to grant a visa of any type to a person who is outside New Zealand, or is in New Zealand and holds a temporary entry class visa [A15.15].
The power under s71(5) to grant a residence class visa, as a matter of absolute discretion, to a person to whom s71(4) applies [A15.15].
The power under s72(2) to give a special direction allowing a residence application received by an immigration officer in the first instance to be considered by the Minister [A15.15].
The power under s72(3), as a matter of absolute discretion, to grant a residence class visa as an exception to residence instructions [A15.15].
The power under s76(3), as a matter of absolute discretion, to grant a visa as an exception to restricted temporary entry instructions [A15.15].
The power under s94(4) to, by special direction, issue an invitation to apply for a visa to a person whether or not the person has expressed interest in the manner required by the Act or immigration instructions [A15.15].
The power to determine that a residence class visa holder is liable for deportation under ss156(1)(b), 158(1)(b), 159, or 160 [A15.15].
The power under s172 to, with due regard to submissions (if applicable), cancel liability for deportation for a temporary entry class visa holder [A15.15].
The power under s172(1) to, as a matter of absolute discretion, cancel a person's liability for deportation where that liability arises under ss155(1), 156(1), 158(1), 159, 160(1), 161, or 162 [A15.15].
The power under s172(2) to, as a matter of absolute discretion, suspend a residence class visa holder's liability for deportation where that liability arises under the same sections, for a period up to 5 years, subject to conditions stated in the written notice of suspension [A15.15].
The power under s172(3) to reactivate a person's liability for deportation if the person fails to comply with the conditions imposed under s172(2)(b) [A15.15].
The power under s174(2) to determine that a person has met the conditions imposed under s172(2) for the suspension period, cancel that person's liability for deportation, and notify the person and the Tribunal [A15.15].
The power under s182 to reduce or remove a period of prohibition on entry for those who have a permanent prohibition on re‑entry under ss179 arising from deportation under ss156, 158, 160, 161 and 162 [A15.15].
The power under s213(5) to determine that a person has met any conditions imposed by the Tribunal under s212(1) for the duration of the suspension, cancel the person's liability for deportation, and notify the Tribunal [A15.15].

Ministerial Delegation for International Visitor Levy (A15.30)

Under section 380 of the Immigration Act 2009, the Minister of Tourism delegated to immigration officers holding the offices listed in Schedules 1 and 2 of the instrument the power under section 399A(4) to provide for an exemption from or refund of the international visitor conservation and tourism levy, in whole or in part, by special direction [A15.30]. The instrument also delegates to every immigration officer the power to take practical steps necessary to implement a decision made by another immigration officer under this delegation [A15.30]. The delegation must be exercised in accordance with Government policy and Department instructions current at the time, as set out in the Immigration New Zealand Operational Manual and circular instructions on immigration [A15.30]. It is additional to, and does not revoke, any other instrument of delegation [A15.30].

The Schedule 1 office holders are:

Chief Executive, Ministry of Business, Innovation and Employment
Deputy Chief Executive – Immigration New Zealand, Ministry of Business, Innovation and Employment

Schedule 2 office holders are:

3rd Tier Manager – Immigration New Zealand
4th Tier Manager – Immigration New Zealand
5th Tier Manager – Immigration New Zealand
6th Tier Manager – Immigration New Zealand
Immigration Manager – Immigration New Zealand
Delegated Decision Makers specified in the instrument titled "Delegation of Powers: Minister of Immigration to Delegated Decision Makers of the Ministry of Business, Innovation and Employment – Immigration New Zealand", namely:
- Alejandra Mercado
- Michael Carley
- Steve Cantlon
- Elizabeth Cantrick
- Katherine MacLeod
- Nicola Scotland

The instrument is effective from 9 February 2023 and was signed by Hon Peeni Henare, Minister of Tourism [A15.30].

Powers of refugee and protection officers (C4.25)

In carrying out their functions under Part 5 of the Immigration Act 2009, in relation to a claimant or a person whose refugee or protected person recognition is under investigation, a refugee and protection officer may [C4.25]:

require the person to supply any information, and within such times, as the officer reasonably requires [C4.25];
require the person to produce any documents the person possesses or is able to obtain as the officer requires [C4.25];
inform the person that any other person may be required to produce or disclose relevant documents or information relating to the person, and require that other person to produce or disclose such material [C4.25];
require the person to allow biometric information to be collected [C4.25];
require the person to attend an interview [C4.25].

The officer may seek information from any source but is not obliged to seek any information, evidence, or submissions beyond what the claimant provides [C4.25]. The officer may determine the claim or matter on the basis only of the information, evidence, and submissions provided by the claimant [C4.25].

If the officer has good cause to suspect that a third party possesses or controls any document of the person concerned (including any passport or travel document), the officer may request, using the approved form signed by the officer, that the third party produce the document [C4.25]. The request must be served by registered post or personally on the third party [C4.25]. The third party may not refuse to comply by reason only of a lien over the document [C4.25].

If the claimant or person under investigation is detained, the officer may require the detaining authority to provide access to the place of detention, produce the claimant for interview, and make appropriate facilities available [C4.25].

If a claimant or person who is required to attend an interview fails to attend at the appointed time and place, the officer may determine the claim or matter without conducting the interview [C4.25].

The order and processing of any claim is at the officer's discretion, unless the chief executive provides general instructions to the Department about the order and manner of processing claims; if such instructions are given, the officer must follow them [C4.25].

Identifying and locating persons suspected of being liable for deportation

Immigration officers have specific powers under the Immigration Act 2009 to identify and locate persons who may be liable for deportation. These include requiring information from various agencies, entering premises of accommodation providers and employers, and accessing records. Some powers may only be exercised by authorised immigration officers holding a warrant of designation [D2.25.10] (see also [A15.1.20]).

Verifying information: If an immigration officer receives information alleging a person may be unlawfully in New Zealand or otherwise liable for deportation, the officer must verify it to the extent that they are satisfied there is good cause to suspect. This may involve confirming identity and immigration status from INZ files, databases, or other documentation [D2.25.1].
Confirmation after location: Once a suspect is located, officers must confirm their identity and immigration status. Information to investigate and determine liability can be obtained using the powers in D2.25.15 and D2.25.40 (entry powers) [D2.25.5].

Powers to require production of information from agencies (ss 274, 275)

If an immigration officer has good cause to suspect that a particular person may be liable for deportation, or that particular premises are occupied by such a person, the officer may prepare a certificate requiring listed agencies and other bodies to produce for inspection and provide copies of records or other information reasonably available. The agencies and bodies include government agencies (Customs, MSD, Ministry of Justice, Police, Land Transport NZ, Building and Housing, Housing NZ, Corrections), education providers, postal and courier services, telecommunications providers, ISPs, subscription television providers, finance and banking services, local and regional government bodies, insurers, utilities, real estate agents, and the person's employer or former employer. The information obtainable is limited to establishing the present or past whereabouts of the named person, or the names of occupiers of the premises. Aliases may be included in the certificate [D2.25.15].

Entry to accommodation providers (s 276)

Officers may enter any part of an accommodation provider's premises (other than a dwelling house) where they reasonably believe registers or lists are kept, to require production of the register or list and copy any part relating to a person liable for deportation. No warrant is required beyond s 276. Entry may be at any reasonable time when the premises are open for business [D2.25.20]. 'Accommodation provider' means hotels, motels, guesthouses, motor camps, or other premises offering accommodation for valuable consideration to any member of the public [D2.25.25].

Entry to employers' premises (s 277)

Officers may enter any part of an employer's premises (including a dwelling house) where they reasonably believe wages and time records or other documents relating to remuneration or employment conditions are kept, to require production and copying. This power may only be exercised if the officer believes on reasonable grounds there may be information relating to a person not entitled to work, not complying with obligations, or liable for deportation. Purposes include determining compliance with work conditions, employer obligations, locating deportable persons, and checking entitlement to work. Entry may be at any reasonable time when work is carried out or the premises are open for business. No warrant is required other than s 277 [D2.25.30].

Powers of entry and search for employees (s 277A)

Immigration officers also have entry and search powers under section 277A for the purpose of locating employees on employers' premises [D2.25.31].

Relationship to other powers

Powers to collect biometric information for compliance purposes are described in [A22] [A22].

Acting in accordance with special directions

Under [E2.25], every decision made or discretion exercised by an immigration officer under the Immigration Act 2009 must be made or exercised in accordance with any special direction that is relevant to the decision and in force at the time the decision is made. This includes special directions issued by the Minister under section 380 of the Act (see Visa system for details on special directions).

Additional requirements before determining an application (R2.45)

Before determining an application, an immigration officer processing the application may require the applicant to do any or all of the following [R2.45]:

appear before an immigration officer for an interview [R2.45];
produce any other photographs, documents, evidence, and information the officer thinks necessary to help in determining the application [R2.45];
undergo a further medical examination [R2.45].

The power to require a further medical examination does not apply where the applicant previously held a resident visa and is applying for a resident visa at an immigration control area [R2.45]. These requirements are exercised at the officer's discretion and are additional to any standard documentary or evidential requirements set out elsewhere in immigration instructions [R2.45]. See also the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 5, 7, 8 and 23A [R2.45].

Determination of residence class visa applications (R5.1)

Immigration officers must determine applications for residence class visas in accordance with the requirements of the Immigration Act 2009 and the residence instructions applying at the time the application is made [R5.1]. Any discretion exercised by officers must be exercised in terms of the applicable residence instructions [R5.1]. When determining an application for a residence class visa from a person who is offshore, the officer must be satisfied that there is no reason to believe that the person would be refused entry permission if the visa is granted [R5.1]. In making this assessment, the officer should take into account the relevant Border Entry instructions in force at the time the application was made, but is not required to consider whether the person is likely to be granted entry permission as an exception to instructions [R5.1].

Referral of residence decisions to the Minister

No immigration officer may refer an application for a residence class visa to the Minister of Immigration for a decision in the first instance unless the Minister gives a special direction to do so [R5.80]. The effect of the Minister becoming personally involved in the decision in the first instance is to deprive the applicant of appeal rights, except where the Minister relied on classified information to make that decision [R5.80].

Interpretation & edge cases

Constables acting as immigration officers: Constables exercising immigration powers are treated as immigration officers for those purposes and may comply with warrant production requirements by being in uniform or producing a badge [A15.1.20].
Non‑designated officers exercising CE‑delegated powers: Despite the general rule that only designated officers may make immigration decisions, the chief executive may delegate powers to people working in the Public Service who are not immigration officers, provided the delegation is recorded and allowed [A15.1.35].
Transitional officers: Officers designated under the 1987 Act are deemed designated under the 2009 Act with equivalent visa and entry permission decision-making powers [A15.1.10.1].
Revocation at will: The chief executive may revoke a designation without cause, provided it is in writing; that power is broad and not subject to a hearing [A15.1.30].
Refugee claimant protections: Immigration officers must not take any action to deport a person who makes a claim for refugee or protection status on arrival; the claimant is treated under section 115 of the Immigration Act 2009 and cannot be deported until their claim is finally determined. [C3.20]

Powers of entry and search by immigration officers, members of the Police, and Customs officers

An authorised immigration officer, a member of the Police, or a Customs officer undertaking immigration duties may enter and search any craft arriving in New Zealand, or any land or premises in any airport or port including an immigration control area, without warrant, if they believe on reasonable grounds that this is necessary to detect offences against the Immigration Act 2009, apprehend persons liable for deportation or turnaround, process arriving passengers, locate any stowaway, or deport or facilitate the departure of persons liable for turnaround. [Y3.25] These officers rely solely on sections 283–285 of the Immigration Act 2009; immigration officers exercising these powers must hold a warrant of designation covering those border powers (see Warrant of designation). [Y3.25]

They may also enter and search any border place where they have good cause to believe an offence against the Immigration Act 2009 is being or likely to be committed, or to apprehend a person liable for deportation or turnaround who is in the place. [Y3.25] A "border place" means any part of the foreshore, the shores or banks of any port, bay, harbour, lake, river, or other waters, any land or premises in any port (including container-bases, immigration control areas, wharves, or transit buildings), and any pier or similar structure attached to or extending from such shores or banks. [Y3.25]

Additionally, a member of the Police or a Customs officer undertaking immigration duties may enter and search any ship or other sea-borne vessel within the contiguous zone or territorial sea of New Zealand, if they believe on reasonable grounds that a person on board would, upon landing, commit an offence against the Immigration Act 2009, be liable for deportation, or be liable for turnaround. [Y3.25]

Arrest and detention

Immigration officers and constables exercise powers of arrest and detention under Part 9 of the Immigration Act 2009 to enforce immigration decisions, primarily deportation liability (see Liability for Deportation). These powers include applying for detention warrants, detaining persons pending departure, and managing custody arrangements [D4].

Purposes for which arrest and detention powers may be exercised

The powers of arrest and detention under Part 9 of the Immigration Act 2009 may be exercised for the following purposes [D4.5]:

In the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand.
In the case of a person liable for deportation:
1. to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or
2. to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand.
In the case of a person who is suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fails to supply satisfactory evidence of his or her identity when requested under section 280 of the Immigration Act 2009, to detain the person pending satisfactory establishment of the person's identity.
In the case of a person:
1. who is suspected of constituting a threat or risk to security, to detain the person pending the making of a deportation order; or
2. who is subject to a deportation order under section 163 of the Immigration Act 2009, to deport the person by placing him or her on the first available craft leaving New Zealand.
In the case of a person who has breached residence and reporting requirements agreed under section 315 of the Immigration Act 2009 or conditions imposed under section 320 of the Immigration Act 2009, to detain the person pending a determination by a District Court Judge under sections 317, 318, or 320 of the Immigration Act 2009.

Persons liable to arrest and detention

The following persons are liable to arrest and detention under Part 9 of the Immigration Act 2009 [D4.1]:

persons who are liable for turnaround [D4.1];
persons who are liable for deportation, including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164 of the Immigration Act 2009 [D4.1];
persons suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fail to supply satisfactory evidence of their identity when requested under section 280 of the Immigration Act 2009 [D4.1];
persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security [D4.1].

The following persons are not liable to arrest and detention under Part 9 [D4.1]:

persons who are recognised as refugees, except those whose deportation is allowed under section 164(3) of the Immigration Act 2009 [D4.1];
persons who are recognised as protected persons, except those whose deportation is allowed under section 164(4) of the Immigration Act 2009 [D4.1].

Who may arrest

Arrest may be effected by an immigration officer who holds a warrant of designation authorising the power of detention under section 312, or by a constable [D4]. An immigration officer may also apply for or execute a warrant of arrest issued under section 317 of the Act [D4].

Detention warrants

A person may be detained if they are liable for deportation under Part 6, are subject to a removal order made under the Immigration Act 1987, or are to be detained pending departure [D4]. An immigration officer or constable may apply for a warrant of detention from a District Court Judge (or a Registrar if no Judge is available) [D4]. The warrant must be in the prescribed form and remains in force until the person is released, removed, or deported [D4].

Rights of detained persons

As soon as practicable after detention, the detainee must be informed of the reasons for the detention [D4]. They have the right to contact a lawyer (and to consult with the lawyer in private), the right to contact a nominated person, and the right to receive necessary medical treatment [D4]. In cases of detention under section 316 (risk of absconding or threat to security), the right to contact a nominated person may be delayed for up to 48 hours under specified conditions [D4].

Release from detention

A person detained under a warrant must be released if the conditions for detention no longer apply [D4]. A detainee may be granted bail under the Bail Act 2000, or an immigration officer may release the person on conditions such as regular reporting or residing at a specified address [D4]. If the person breaches release conditions, they may be re-arrested and detained [D4].

Detention of minors

A person under 18 years must not be detained except as a last resort and for the shortest appropriate period [D4]. They must be placed in a facility suitable for minors or in the care of an appropriate person, and the officer must take steps to ensure their welfare [D4].

Application of the New Zealand Bill of Rights Act 1990

All detention under the Immigration Act 2009 must be exercised consistently with the New Zealand Bill of Rights Act 1990 [D4]. This includes the right not to be arbitrarily detained, the right to be treated with humanity and respect, and the right to be brought promptly before a judicial officer [D4].

Implications of liability to arrest and detention

Limited power of detention for up to 4 hours

Initial period of detention for up to 96 hours without warrant

Duties of detaining officers (D4.12)

When detaining a person under section 312 of the Immigration Act 2009, an immigration officer must, at the time of detention [D4.12]:

inform the person of the reason for the detention (unless impracticable) [D4.12];
produce the officer's warrant [D4.12];
inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult (see D4.35) [D4.12]; and
inform the person of the maximum duration of the detention [D4.12].

When arresting and detaining a person without warrant under section 313, a constable has corresponding duties [D4.12]:

inform the person, unless impracticable, of the reason for the arrest and that the arrest does not relate to a criminal matter [D4.12];
if not in uniform, produce the constable's badge or other evidence of being a constable [D4.12];
inform the person of the right to contact a lawyer or, if appropriate, a responsible adult (see D4.35) [D4.12]; and
inform the person of the maximum duration of the detention [D4.12].

An immigration officer or constable is not guilty of an offence and is not liable to civil proceedings in respect of the arrest or detention if they have reasonable and probable grounds for believing the person is liable to arrest and detention under Part 9 of the Immigration Act 2009 [D4.12]. A failure to fulfil any of the above duties does not of itself deprive the officer or constable of protection from criminal responsibility [D4.12].

Additional powers relating to detention by immigration officer (D4.13)

An immigration officer exercising the power of detention under section 312 of the Immigration Act 2009 has additional powers to use physical force and to search the detained person [D4.13].

Use of physical force

An immigration officer may use such physical force as is reasonably believed to be necessary to prevent the detained person from harming any person, damaging property, or escaping or attempting to escape from detention, or to recapture the person if they are fleeing after escaping [D4.13]. Any use of physical force must be reported to the chief executive (or delegate) in writing within three working days, detailing the force used, the circumstances, and the grounds for believing it was necessary [D4.13].

Search of a detained person

An immigration officer may search a person detained under section 312 if the officer has reasonable grounds to believe that the person has an item hidden or in clear view on or about their person, that the item poses a threat to the safety of the officer or any other person, and that there is a need to act immediately to address that threat [D4.13].

During the search, the officer may seize any item that poses a threat to safety and, if necessary, use reasonable force to conduct the search and seize the item [D4.13]. The officer may detain and destroy any item seized [D4.13].

A search under this provision must also be reported in writing to the chief executive (or delegate) within three working days, describing the search, the circumstances, and the grounds for the reasonable belief [D4.13].

Search of detained person (D4.14)

An authorised immigration officer may, under section 85 of the Search and Surveillance Act 2012, carry out a rub-down search of a detained person to ensure the person is not carrying anything that could harm any person or facilitate escape [D4.14.1]. A rub-down search means running or patting hands over the clothed body, inserting hands inside pockets (excluding underclothing), and requiring the person to open their mouth, display the palms of their hands, display the soles of their feet, and lift or rub their hair for visual inspection [D4.14.1].

To facilitate a rub-down search, the officer may require the person to remove, raise, lower, or open outer clothing (except if only underclothing beneath), and remove head covering, gloves, and footwear [D4.14.5]. The search may include any items carried, outer clothing removed, and head coverings/footwear removed [D4.14.5]. A rub-down search may include visual examination of the mouth, nose, and ears using illumination or magnification devices, but no insertion of any instrument [D4.14.10].

When exercising any power to search a person, an immigration officer must identify themselves by name or warrant card number, state the enactment and reason for the search unless impracticable, and produce their warrant card [D4.14.15]. The officer may use reasonable force, equipment with minimal contact, and may request assistance from a medical practitioner or a parent/guardian if in the person's interests [D4.14.15]. The officer may search any items the person is wearing or carrying or in their immediate control, and may seize anything that is the subject of the search or otherwise lawfully seizable [D4.14.15].

A rub-down search must be conducted with decency and sensitivity, affording the person the degree of privacy and dignity consistent with the purpose of the search [D4.14.15]. An inventory of any items seized must be prepared promptly and a copy given to the person searched [D4.14.15].

Immigration officers will not conduct strip searches of detained persons. If there are concerns that a person has concealed an item that could cause harm or facilitate escape and it cannot be seized by a rub-down search, the officer must seek assistance from the police [D4.14.20]. The chief executive must issue guidelines on strip searching circumstances under the Search and Surveillance Act 2012 [D4.14.20].

D4.17 Referral when arrested and detained as a threat or risk to security

Where a person is arrested and detained under section 313 of the Immigration Act 2009 on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security, a constable must as soon as is practicable refer the case to the Minister of Immigration to determine whether to certify, under section 163 of the Act, that the person constitutes a threat or risk to security [D4.17].

Detention of persons liable for turnaround (D4.25)

The detention provisions of Part 9 of the Immigration Act 2009 may be applied to any person subject to turnaround within 72 hours of that person's first contact with an immigration officer after arrival in New Zealand [D4.25].

A warrant of commitment must be obtained if the person is to be detained for more than 96 hours [D4.25]. If a warrant of commitment is necessary, it must be applied for when it becomes apparent that before the expiry of the 96 hour period, the person will not be able to leave New Zealand [D4.25].

A person detained under Part 9 may not be granted bail, but a District Court Judge may order their release on reporting and other conditions under section 320 of the Immigration Act 2009 [D4.25].

Placing persons liable for turnaround (D4.30)

When a person is liable for turnaround, they must be placed on the first available craft to take them from New Zealand [D4.30]. An immigration officer may exercise discretion, considering the particular circumstances, to decide whether the person needs to be placed in custody [D4.30]. The officer assesses:

whether a craft is available to take the person on the same day [D4.30];
whether the officer is satisfied the person cannot abscond from the airport facilities [D4.30]; and
whether the person poses no security risk, as assessed in conjunction with the Police [D4.30].

The person will normally be placed into custody if any of the above conditions cannot be met, or if the available craft is delayed or no longer available, or if for any other reason the person cannot leave New Zealand at the expected time [D4.30].

If an immigration officer determines that custody is necessary, the officer must ask a constable to detain the person in custody until departure and arrange the departure of the detained person [D4.30].

When turnaround ceases to apply to person remanded in custody or imprisoned (D4.35)

A person liable for turnaround who is remanded in custody for suspected criminal offending, or imprisoned for criminal offending, remains liable for turnaround until 72 hours after their release from custody or imprisonment [D4.35].

If a person liable for turnaround is arrested and detained within 72 hours after release from custody or imprisonment for suspected criminal offending, they remain liable for turnaround until the earliest of [D4.35]:

the person being granted a visa and entry permission;
the expiry of a warrant of commitment issued under sections 317 or 318 of the Immigration Act 2009, unless a further warrant of commitment is issued or the person is released on conditions under Part 9 of the Act or agrees to residence and reporting requirements under section 315;
in the case of a person detained under a mass arrival warrant issued under section 317B of the Act, the expiry of the mass arrival warrant, unless a further warrant of commitment is issued under sections 317, 317E, 318, or 323 of the Act or the person is released on conditions under Part 9 or agrees to residence and reporting requirements under section 315.