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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
125 Responsibilities of carrier and person in charge of any craft en route to New Zealand
  • (1) The person in charge of any craft that is en route to New Zealand from another country shall, for the purpose of ensuring or facilitating compliance with this Act, from the time when the craft enters the territorial limits of New Zealand be responsible for preventing, with such reasonable force as may be necessary, the disembarkation of any person from the craft other than for the purpose of carrying out the responsibilities specified in section 126(1) of this Act.

    (2) For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall have the following responsibilities:

    • (a) to ensure that all persons boarding the craft in that other country have appropriate documentation for immigration purposes, including a passport or certificate of identity, a visa (where required), evidence of onward travel arrangements and of sufficient funds (where required), and any other documentation (if any) specified in regulations made under this Act:

    • (aa) in the case of a pre-clearance flight, to comply with section 35H of this Act:

    • (b) on arrival of the craft at a Customs place,—

      • (i) to produce for inspection such tickets for onward travel, or funds, as an immigration officer may specify; and

      • (ii) to prevent, with such reasonable force as may be necessary, the disembarkation of any person from the craft otherwise than into a Customs controlled area:

    • (c) in the case of a craft that is not a commercial passenger aircraft on a regularly scheduled flight, to supply on demand by any immigration officer a list giving such details as the officer may specify concerning every person (whether a member of the crew or a passenger) who has been on board the craft since its last port of call:

    • (d) in the case of a commercial passenger aircraft on a regularly scheduled flight, to supply such available information as may be required by any immigration officer relating to any person who may have been on board the craft since its last place of call:

    • (e) subject to the provisions of section 25 of the Customs and Excise Act 1996, where the craft arrives, or is to arrive, in New Zealand elsewhere than at a Customs place because of weather conditions or other unforeseen circumstances, to make appropriate arrangements for all persons on board the craft to report to an immigration officer at a Customs place within 72 hours after arriving in New Zealand:

    • (f) if a stowaway has been found on the craft, to report that fact to an immigration officer as soon as practicable.

    (3) The carrier and the person in charge of a craft leaving New Zealand shall have the following responsibilities:

    • (a) to report to an immigration officer immediately before the departure of the craft details of any person who—

      • (i) was on board the craft when it arrived in New Zealand; and

      • (ii) was exempt by virtue of paragraph (c) or paragraph (d) or paragraph (e) of section 11(1) of this Act from the requirement to hold a permit to be in New Zealand; and

      • (iii) is not then on board the craft:

    • (b) subject always to the safety of the craft and of the other persons on board the craft, to allow on board for passage from New Zealand (subject to the payment of the fare) any person in respect of whom a removal warrant or a deportation order is in force and who presents himself or herself to the craft, or is delivered by a member of the Police to the craft, for that purpose:

    • (c) in respect of any such person who is delivered to the craft by a member of the Police, to take all such reasonable steps (including the use of reasonable force) as may be necessary to detain that person on board the craft until it has left the territorial limits of New Zealand.

    (4) The carrier of a craft leaving New Zealand shall have the following responsibilities:

    • (a) to provide passage from New Zealand at the cost in all respects of the carrier, or to bear the cost of passage from New Zealand by any other carrier, of any person—

      • (i) who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand, not being the holder of a visa issued under this Act, and who is neither exempt under this Act from the requirement to hold a permit nor was granted a permit or pre-cleared permit on or before arrival in New Zealand; or

      • (ii) who arrived in New Zealand as a member of the crew of the craft, or of any other craft operated by the carrier, and who, otherwise than in accordance with this Act, remained in New Zealand after the departure of that craft:

    • (b) in respect of any person for whom the carrier is obliged to provide passage or the cost of passage under paragraph (a) of this subsection, to pay all costs (if any) incurred by the Crown in detaining and maintaining that person pending the person's departure from New Zealand.

    (5) The foregoing provisions of this section shall be read subject to any applicable special direction or to any regulations made under section 150 of this Act.

    (6) Where any carrier or person in charge of a craft fails without reasonable excuse to comply with any of the requirements of subsection (1) or subsection (2) or subsection (3) of this section, that carrier or that person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding,—

    • (a) in the case of the person in charge of the craft, $10,000:

    • (b) in the case of the carrier, $20,000.

    (7) Every carrier who fails to comply with any of the requirements of subsection (4) of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000.

    (8) If proceedings in respect of an offence against subsection (6) of this section are taken against the person in charge of any craft, proceedings in respect of that offence shall not be taken against the carrier; and if proceedings in respect of any such offence are taken against the carrier, proceedings in respect of that offence shall not be taken against the person in charge of the craft.

    (9) A person who in good faith imposes reasonable measures, including restraint, on another person in accordance with the provisions of this section is not guilty of an offence and is not liable to any civil proceedings in respect of those measures.

    Section 125 heading: amended, on 2 July 2004, by section 5 of the Immigration Amendment Act 2004 (2004 No 56).

    Section 125(2)(aa): inserted, on 15 September 1993, by section 11(1) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 125(2)(b): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 125(2)(b)(ii): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 125(2)(e): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 125(4)(a)(i): amended, on 15 September 1993, by section 11(2) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 125(6)(a): amended, on 18 November 1991, by section 36(a) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 125(6)(b): amended, on 18 November 1991, by section 36(b) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 125(7): amended, on 18 November 1991, by section 36(c) of the Immigration Amendment Act 1991 (1991 No 113).