Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Exemptions

11 Certain persons temporarily exempt from requirement to hold permit
  • (1) The following persons are exempt from the requirement to hold a permit:

    • (b) a member of a visiting force, a member of its civilian component, or a dependant, or a member of the crew of any craft used to transport them to New Zealand, while—

      • (i) members of that force are in New Zealand at the request or with the consent of the Government of New Zealand; and

      • (ii) that member's presence in New Zealand is in the ordinary course of that member's duty or employment, or that person is in New Zealand as a member of the civilian component or as a dependant of that force:.

    • (c) a member of the crew of, or a passenger on, any seagoing craft carrying passengers or cargo or both in the ordinary course of the business of the craft and plying between any foreign place and New Zealand, from the time when the craft arrives at a Customs place in New Zealand until—

      • (i) the time when it is given clearance to leave its last Customs place in New Zealand on the same voyage; or

      • (ii) the expiry of the period of 28 days commencing with the day on which it arrives at its first Customs place in New Zealand on that voyage,—

      whichever first occurs:

    • (d) a member of the crew of, or a passenger on, any foreign fishing craft licensed, or sought to be licensed, under section 15 of the Territorial Sea and Exclusive Economic Zone Act 1977, from the time when the craft first arrives at a Customs place in New Zealand during the currency of, or for the purpose of obtaining, any such licence until,—

      • (i) where the licence is or has been granted, the expiration of 7 days after the date on which the licence expires:

      • (ii) where a licence is refused or is not granted, the expiration of 7 days after the date on which the craft first arrived at the Customs place:

    • (e) a member of the crew of any commercial aircraft flying between any foreign place and New Zealand, for the period of 7 days commencing with the day on which the aircraft arrives in New Zealand:

    • (f) a member of, or a person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or a person to whom section 5 of that Act applies, while that member or person is in the Ross Dependency.

    • (g) a member of the crew of, or any passenger on, any ship in respect of which the Minister of Transport has, pursuant to section 198(2) of the Maritime Transport Act 1994, authorised the carrying of cargo or passengers, for the period of 28 days commencing with the day on which the ship arrives at its first Customs place in New Zealand.

    (2) Subsection (1)(c) of this section does not apply to any person on board any craft that comes to New Zealand for the purposes of fishing or research within the exclusive economic zone of New Zealand, or that plies between New Zealand and any offshore installation within that zone.

    (3) Notwithstanding any other provision of this Act, no person who is for the time being exempt by virtue of subsection (1)(a) of this section is liable under this Act to deportation from New Zealand in any circumstances.

    (4) Terms used in subsection (1)(b) and defined in section 4 of the Visiting Forces Act 2004 have the same meanings as in that section.

    Section 11(1)(a): amended, on 2 March 2004, by section 7of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

    Section 11(1)(b): substituted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).

    Section 11(1)(c): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 11(1)(d): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 11(1)(g): inserted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

    Section 11(1)(g): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 11(4): inserted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).