6242 (2026). Ricardo Menéndez March to the Minister of Immigration
Written Question
Published date: 13 Mar 2026
6242 (2026). Ricardo Menéndez March to the Minister of Immigration: How does Immigration New Zealand define the terms “fleeing” and “acting suspiciously” in the context of compliance encounters, if such definitions exist?
Hon Erica Stanford: 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.