Section 278 — Immigration Act 2009: Powers of entry and inspection relating to records of education providers

278 Powers of entry and inspection relating to records of education providers (1) An immigration officer may exercise the powers in subsection (4) in the circumstances described in subsection (2) for the following purposes: (a) determining whether a person is complying with the study-related conditions of his or her visa: (b) determining whether an education provider is complying with the provider’s obligations under this Act: (c) locating a person who is liable for deportation. (2) Subject to subsection (3), an immigration officer may exercise the powers in subsection (4) where the immigration officer believes on reasonable grounds that— (a) any information or record is held on an education provider’s premises; and (b) that information or record may relate to a person who is— (i) not entitled under this Act to study in New Zealand, or undertake a course of study of a particular type or duration or conducted by a particular education provider; or (ii) otherwise not complying with obligations under this Act (including obligations as an education provider); or (iii) liable for deportation. (3) The powers in subsection (4) may not be exercised in relation to a person undertaking compulsory education or any member of the family of such a person. (4) An immigration officer may— (a) enter any part of the education provider's premises in which the officer reasonably believes the information or record is held; and (b) require the education provider or person appearing to have the information or record under that person’s control to produce for inspection the information or record; and (c) copy or require a person to provide a copy of any information or record that is required to be produced to the officer. (5) An immigration officer may exercise the powers in subsection (4) at any reasonable time during which the education provider is open for business, whether by day or by night, without a warrant or any other authority other than this section. Compare: 1987 No 74 s 138