Compliance and Fraud Investigations
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Brief overview
The function of the Verification and Compliance branch is to ensure people comply with the Immigration Act 2009 and Immigration Instructions.
This may include:
- Deportations: over-stayers; failed refugee and protection claimants; serious criminal offenders,
- Investigating and prosecuting offences under the Immigration Act.
- Detention: in police custody
- Operations: visits to horticultural areas; workplaces; educational institutions and residential locations
- Establish identity and method of arrival
- Interview about personal circumstances
Types of interviews, location & length
Interviews are conducted by Compliance officers, and also Investigators.
Locations are either at the client’s home or place of work, in prison or place of detention, or at Verification and Compliance: Level 4, Blue Tower, Spark Centre, 167b Victoria Street West, Auckland. Occasionally officers may travel to a rural location and may require interpreters there; normally locally engaged if possible.
Interviews are usually for 1 to 3 hours and can be in the day or the evening, depending on the situation. Fraud or prosecution investigation interviews may be longer, averaging between 2 to 6 hours.
Record of Personal Circumstances
A record of personal circumstances interview is carried out at the time of contemplating deporting someone from New Zealand. It covers areas such as relationships, family, finances, health and any other matters for consideration in accordance with New Zealand’s obligations under International Law including the ICCPR, the Optional Protocol to that Covenant, the Convention on the Rights of the Child 1989, and New Zealand’s reservations to that Convention.\
Is the person in custody?
No
Inform the person: The decision has been made to deport you from New Zealand. However, you have the opportunity to provide me with information about your personal circumstances. If that information is relevant to New Zealand’s international obligations I must consider cancelling the deportation order. You do not have to provide any information and you can leave at any time.
Yes
Inform the person: The decision has been made to deport you on the first available craft leaving New Zealand. However, you have the opportunity to provide me with information about your personal circumstances. Because I am required to facilitate your deportation on the first available craft leaving New Zealand, if you wish to provide me with information about your personal circumstances then it is important that you do so as a matter of urgency. If that information is relevant to New Zealand’s international obligations I must consider cancelling the deportation order. You do not have to provide any information and you are free to end this interview at any time.
Identity
An identity interview may be carried out where identity is an issue.
No record of arrival
Compliance immigration officers conduct this interview when there is no record/evidence of the person’s arrival into New Zealand.
Relationship
When investigation/clarification is needed to establish a person’s relationship or marital status as this can affect deportation or granting of a visa.
Deportation
The Minister of Immigration has the right to decide a resident should be deported, and Compliance officers are instructed to interview the person and serve documents. They interview the person to ascertain whether that person should be deported or whether there are special circumstances surrounding the case which would prevent deportation. The Minister makes the final decision.
Employer/Operation Check
Verification and Compliance are responsible for enforcing the NZ Immigration Law applicable to employers. In particular, whether the employer has committed any offences under the Immigration Act, whether any exploitation is occurring, and whether there are people working illegally for the employer.