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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
126 Responsibilities of persons arriving in or leaving New Zealand
  • (1) Except as provided in regulations made under section 150 of this Act, or in any special direction, every person who arrives in New Zealand from another country shall have the following responsibilities:

    • (a) except where the person is the holder of a pre-cleared permit, to present himself or herself to an immigration officer at the the Customs place and surrender to that officer a duly completed arrival card in a form approved by the Minister:

    • (b) to produce for inspection on demand by an immigration officer that person's passport or certificate of identity to enable the officer to determine whether or not the person is entitled to be in New Zealand with or without a permit under this Act:

    • (c) subject to the provisions of section 25 of the Customs and Excise Act 1996, where the person arrives in New Zealand elsewhere than at a Customs place, to report to an immigration officer at a Customs place forthwith after arriving in New Zealand, and thereafter to comply with the responsibilities specified in paragraphs (a) and (b) of this subsection.

    (2) Except as provided in regulations made under section 150 of this Act, or in any special direction, every person who is leaving New Zealand shall have the following responsibilities:

    • (a) to present himself or herself to an immigration officer at a Customs place and surrender to that officer a duly completed departure card in a form approved by the Minister:

    • (b) to produce for inspection on demand by an immigration officer that person's passport or certificate of identity.

    (3) Where any person to whom subsection (1) or subsection (2) of this section applies is, by reason of age or disability, incapable of complying with the requirements of the relevant subsection, it shall be the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person's behalf.

    (4) Every person commits an offence against this Act who completes any arrival card or departure card in a manner that the person knows to be false or misleading in any particular or fails to comply with any of the foregoing provisions of this section.

    (5) Every passport or certificate of identity produced by a person to an immigration officer under subsection (1)(b) of this section—

    • (a) shall, if the person is a New Zealand citizen or is granted a permit or is exempt under this Act from the requirement to hold a permit, be returned to that person before that person leaves the arrival hall; or

    • (b) if the person is refused a permit, may be retained by the immigration officer, but shall be returned to that person on that person's departure from New Zealand.

    (6) A member of the police may arrest a person, and present him or her to an immigration officer, if the member of the police has good cause to suspect that—

    • (a) the person arrived in New Zealand from another country elsewhere than at a Customs place, and did not forthwith report to an immigration officer at a Customs place; or

    • (b) the person recently arrived in New Zealand from another country elsewhere than at a Customs place, and will not forthwith report to an immigration officer at a Customs place.

    Section 126(1)(a): amended, on 15 September 1993, by section 12 of the Immigration Amendment Act 1993 (1993 No 100).

    Section 126(1)(a): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 126(1)(c): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27)

    Section 126(1)(c): amended, on 18 June 2002 by section 8(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 126(2)(a): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 126(5)(a): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 126(6): inserted, on 18 June 2002, by section 8(2) of the Immigration Amendment Act 2002 (2002 No 22).