Section 388 — Immigration Act 2009: Designation of immigration officers

388 Designation of immigration officers (1) The chief executive may designate as immigration officers— (a) the persons employed in the Department that the chief executive considers are— (i) necessary for the purposes of this Act; and (ii) suitably qualified and trained; and (b) such other agents of or persons in the service of the Government of New Zealand, or persons in the service of the government of another country, as the chief executive determines, whether designated individually or by class or position. (2) The chief executive must specify which functions and powers an immigration officer is authorised to exercise under this Act, and an officer may not perform any functions or exercise any powers under this Act unless specifically authorised by the chief executive. (3) An immigration officer authorised to exercise 1 or more of the following powers must be issued with a warrant of designation, signed by the chief executive, specifying which of those powers the officer may exercise: (a) the power to deport a person under section 178 : (b) the power of entry and inspection under sections 276 , 277 , and 278 : (c) the powers under sections 279 , 280 , 281 , and 288 to require information or documents for the purpose of ensuring compliance with this Act: (d) the powers under sections 282 , 283 , 284 , and 285 at a border: (e) the power of entry and search under section 286 : (f) the power to obtain certain information pending a person's deportation under section 287 : (g) the power to detain a person under section 312 . (4) A warrant is sufficient evidence of the officer’s designation as an immigration officer, and the officer’s authorisation to perform the functions and exercise the powers specified in it. (5) To avoid doubt, the chief executive need not be issued with a warrant of designation, and may perform or exercise all the powers and functions of an immigration officer under this Act. (6) A person may not at any one time be designated as an immigration officer and a refugee and protection officer. (7) Whenever an immigration officer (including a constable exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of exercising a power described in subsection (3), the officer— (a) must produce his or her warrant of designation; and (b) if called upon to do so, must state the provision or provisions of this Act under which he or she is entitled to enter the premises, building, or craft or exercise a power of detention. (8) An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in subsection (3), orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person. (9) It is sufficient compliance with subsections (7)(a) and (8) if, in the case of a constable, he or she is in uniform or produces his or her badge or other evidence of being a constable. Compare: 1987 No 74 s 133