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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Part 6
Arrivals and departures

125AA Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
  • (1) This section applies to a carrier, and a person in charge, of a commercial craft if—

    • (a) he or she is notified by the chief executive that—

      • (i) he or she is a person of a kind who must comply with the responsibilities specified in subsection (2) before a craft in relation to which he or she is the carrier or the person in charge departs from another country to travel to New Zealand; or

      • (ii) the craft in relation to which he or she is the carrier or the person in charge is a craft of a kind in relation to which he or she must comply with the responsibilities specified in subsection (2) before the craft departs from another country to travel to New Zealand; and

    • (b) it is proposed that the craft travel to New Zealand from another country (including in the course of a scheduled international service).

    (2) A person to whom this section applies must do the following things before the craft in relation to which he or she is the carrier or the person in charge departs from another country to travel to New Zealand:—

    • (a) obtain the following information from every person who intends to board the craft for the purpose of travelling to New Zealand:—

      • (i) name:

      • (ii) date of birth:

      • (iii) nationality:

      • (iv) sex:

      • (v) passport, or certificate of identity, number (if any):

      • (vi) passport, or certificate of identity, expiry date (if any):

      • (vii) the issuer of the certificate of identity, if it is not the person's country of nationality (if any):

      • (viii) the person's status as a traveller (including, but not limited to, whether the person is a member of the crew of the craft, a passenger whose destination is New Zealand, or a passenger whose destination is other than New Zealand):

    • (b) provide the following information to the chief executive by means of an approved system:—

      • (i) the information obtained under paragraph (a); and

      • (ii) if the person to whom this section. applies intends to board the craft himself or herself for the purpose of travelling to New Zealand, information about himself or herself of the kind specified in paragraph (a); and

      • (iii) information identifying the craft and its intended movements; and

      • (iv) in relation to a person referred to in paragraph (a), the location of information about that person of the kind specified in section 125AD(5) (including, if applicable, the electronic address for the information).

    (3) The chief executive may, in writing, exempt a person to whom this section applies from complying with some or all of his or her responsibilities under this section in all or any specified circumstances.

    (4) Every carrier, or person in charge, of a commercial craft who fails, without reasonable excuse, to comply with any of his or her responsibilities under this section commits an offence and is liable on conviction,—

    • (a) in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or

    • (b) in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both.

    (5) In this section and sections 125AB to 125AD,—

    approved system means a system, including an electronic system, approved by the chief executive for the purpose of—

    • (a) providing information to the chief executive under this section; or

    • (b) notifying a person to whom this section applies of a decision of the chief executive under section 125AB(1)

    commercial craft means a craft that travels for a commercial purpose or as part of a commercial operation

    scheduled international service means a series of flights or voyages performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable, and that are operated in a manner where each flight or voyage is open to use by members of the public

    travelling to New Zealand includes, but is not limited to, travelling to New Zealand from another country in transit to another destination.

    Section 125AA: inserted, on 2 July 2004, by section 4 of the Immigration Amendment Act 2004 (2004 No 56).