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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
125AB Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand
  • (1) The chief executive may decide that a person in relation to whom information has been received under section 125AA

    • (a) may board a craft for the purpose of travelling to New Zealand; or

    • (b) may not board a craft for the purpose of travelling to New Zealand; or

    • (c) may board a craft for the purpose of travelling to New Zealand only if he or she complies with conditions specified by the chief executive.

    (2) The chief executive—

    • (a) must notify a person to whom section 125AA applies of a decision made under subsection (1); and

    • (b) may do so in any form he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and

    • (c) may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic response to a decision made under subsection (1).

    (3) The chief executive—

    • (a) may make any decision under subsection (1) whether or not the person to whom the decision relates—

      • (i) holds a visa to travel to New Zealand; or

      • (ii) is exempt from the requirement to apply for and hold a visa to travel in New Zealand; or

      • (iii) is exempt from the requirement to hold a permit to be in New Zealand; but

    • (b) may not make a decision under subsection (1)(b) or (c) if the person to whom the decision relates is—

      • (i) a New Zealand citizen who holds a New Zealand passport; or

      • (ii) a person who holds a returning resident's visa in a passport or certificate of identity, or who has a returning resident's visa electronically entered and retained in the records of the Department of Labour under section 35AB, and who intends to travel to New Zealand during the currency of that visa; or

      • (iii) a person who—

        • (A) has been granted a pre-cleared permit that is entered and retained (either electronically or otherwise) in the records of the Department of Labour under section 35E; and

        • (B) intends to enter New Zealand during the currency of that pre-cleared permit on a flight designated by the Minister as a pre-clearance flight under section 35C.

    (4) To avoid doubt, section 141AA does not apply to the chief executive when he or she is notifying a person to whom section 125AA applies of a decision made under subsection (1).

    (5) To avoid doubt, the chief executive may make a decision under subsection (1) by means of an automated electronic system that analyses the information (if any) about a-person that is held by the chief executive or to which the chief executive has access, using criteria predetermined by the chief executive.

    (6) A person in relation to whom a decision is made under subsection (1) may not—

    • (a) appeal the decision to any court, the Tribunal, the Minister, or any other body or person; or

    • (b) bring review proceedings in relation to the decision.

    (7) Despite subsection (6)(b), a person in relation to whom a decision is made under subsection (1) may bring review proceedings, but may only do so on the grounds that he or she is a person in relation to whom that decision should not have been made because he or she is a person to whom subsection (3)(b) applies.

    (8) The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies.

    (9) Section 23 of the Official Information Act 1982 does not apply in respect of a decision made under subsection (1).

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