Additional information – implementation of new powers for Immigration Officers on 3 September 2012

What will the changes mean for the detention and deportation process?

• For a person who is to be taken into custody and deported, the only difference in the process is that an Immigration officer will now be able to detain the person, as opposed to a police officer.

Who will be authorised to use these powers?

• Only officers from the Compliance Operations Branch of Immigration New Zealand who have successfully completed training and been assessed as competent, will be authorised to exercise the powers of detention, and entry and search for the purpose of deportation.

When will the powers be used?

• The powers will not be used arbitrarily. In most cases INZ will only invoke these new powers when the client has disengaged from the immigration process. In line with current practice, INZ's preference is to seek voluntary departures, where appropriate, as this continues to be in everyone’s best interest. This includes the client, who, by organising their own departure, will avoid a ban on re-entry to New Zealand in most circumstances.

What training was undertaken to prepare for the new powers?

• Training for compliance officers who will be authorised to exercise the new powers was developed and delivered in conjunction with the Royal New Zealand Police College. It incorporated training on the rights of detainees, duty of care, and first aid.

What if a client has an open application or other avenues for staying in NZ?

• Nothing has changed in this regard.  As with current protocols, INZ will generally not proceed with deportation where a client has an open application or other avenues for potentially remaining in New Zealand. This will continue to be assessed on a case by case basis.

Will clients still have access to legal advice?

• Clients who are detained have a right to consult a lawyer and this will be facilitated, as soon as practicable and in private.

When can a client contact their licensed adviser?

• Clients with a nominated licensed adviser will, where possible, be given the opportunity to contact that adviser prior to any interviews, and prior to proceeding with deportation.

Is there a way for clients to express any dissatisfaction with how they have been treated?

• If a person wishes to complain about the use of powers by an Immigration officer they may use the existing Client Complaint Resolution Process or lodge a complaint through the Office of the Ombudsman.

What do we, as legal representatives or advisers, have to do?

• INZ encourages them to become familiar with the new powers. INZ also encourage them to continue to advise their clients who may be liable for deportation to make early contact with Immigration New Zealand, via their adviser, or INZ contact centre and branch network, to discuss their circumstances.

(Source INZ)