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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
125AD Person to whom section 125AA applies must provide further information if requested, and must provide access to further information
  • (1) If the circumstances in subsection (2) exist, a person to whom section 125AA applies must provide the chief executive with information of the kind specified in subsection (5) about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft (including, but not limited to, if he or she did not board the craft as a result of a decision made by the chief executive under section 125AB(1)).

    (2) The circumstances are that the chief executive has made the request for the information within 24 hours of the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.

    (3) A person to whom section 125AA applies must ensure that the chief executive has access to information of the kind specified in subsection (5) about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft (including, but not limited to, if he or she did not board the craft as a result of a decision made by the chief executive under section 125AB(1)).

    (4) A person to whom subsection (3) applies must ensure that the chief executive has access to the information—

    • (a) in an approved form and manner; and

    • (b) for 24 hours after the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.

    (5) The information referred to in subsections (1) and (3) is information held by a person to whom section 125AA applies, or to which a person to whom section 125AA applies has access, about the following matters:—

    • (a) where the person booked the intended travel:

    • (b) on what date the person booked the intended travel:

    • (c) with whom, if anyone, the person intended to travel:

    • (d) with whom a person has previously travelled:

    • (e) whether or not the person paid for his or her own intended travel, and the manner of payment:

    • (f) the person's travel movements before the intended travel:

    • (g) whether the route of the person's previous travel has changed from the way that he or she originally booked the travel and, if so, in what way:

    • (h) whether the person failed to undertake intended travel on a previous occasion:—

    • (i) whether the person has checked baggage.

    (6) Information collected or accessed by the chief executive under subsections (1) and (3) may only be retained by the chief executive if any of the following circumstances apply:

    • (a) the chief executive decided under section 125AB(1)(b) that the person may not board a craft for the purpose of travelling to New Zealand:

    • (b) the person has been refused, on arrival, a permit or exemption to be in New Zealand:

    • (c) the information needs to be retained as part of a record of a particular action having been taken in relation to the person to whom it relates (for example, a record that a person was interviewed on arrival):

    • (d) the information gives the chief executive good cause to suspect that a risk to border security exists.

    (7) In this section, approved form and manner means a form and manner (for example, an electronic form and manner) approved by the chief executive for the purpose of providing him or her with access to information under subsection (3).

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