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How does Immigration New Zealand define the terms “fleeing” and “acting suspiciously” in the context of compliance encounters, if such definitions exist? and 1 other question

Answered 6242, 6291 (2026)
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Asked by

Ricardo Menéndez March

List MP · Green Party

Questions

  • 6242

    Question published

    How does Immigration New Zealand define the terms “fleeing” and “acting suspiciously” in the context of compliance encounters, if such definitions exist?

  • 6291

    Question published

    How does Immigration New Zealand define the terms “good cause to suspect” and “reasonable suspicion” for the purposes of compliance activity?

    Original response/referral lodged:

Answered by

Hon Erica Stanford

Member for East Coast Bays · National Party · Minister of Immigration

Answer

I am advised that the Immigration Act 2009 does not define these terms in specific relation to compliance visits however the definition is inferred by the wording of the Act in section 328, titled Additional powers relating to detention by an Immigration Officer. Section 328(1)(d) refers to "fleeing" in the context of recapturing if the person has escaped detention. Compliance Officers then make an assessment on a case-by-case basis. I am further advised that it is a culmination of factors that give rise to suspicion during compliance visits, such as evasive or obstructive behaviour that may contribute to forming a reasonable suspicion that a person is not in New Zealand lawfully and/or may be liable for deportation.