Immigration Amendment Act 2006

  • repealed
  • Immigration Amendment Act 2006: repealed, at 2 am on 29 November 2010, pursuant to section 404 of the Immigration Act 2009 (2009 No 51).

Reprint
as at 29 November 2010

Immigration Amendment Act 2006

Public Act2006 No 9
Date of assent9 April 2006
  • Immigration Amendment Act 2006: repealed, at 2 am on 29 November 2010, pursuant to section 404 of the Immigration Act 2009 (2009 No 51).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Department of Labour.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Immigration Amendment Act 2006.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 New sections 141AD to 141AG inserted
  • The following sections are inserted after section 141AC:

    141AD Interpretation
    • In sections 141AE and 141AF, unless the context otherwise requires,—

      authorised officer means any officer, employee, or agent of the Department who is authorised by the chief executive of the Department to supply information to, or receive information from, the Secretary of Labour under section 141AE

      Department means the Ministry of Justice or other department of State that, with the authority of the Prime Minister, is for the time being responsible for the enforcement of fines

      fine means—

      • (a) a fine within the meaning of section 79 of the Summary Proceedings Act 1957 or an amount of reparation:

      • (b) a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961 applies:

      • (c) a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 applies

      fines enforcement action includes the execution of a warrant to arrest a person in respect of the non-payment of the whole, or of any part, of any fine

      identifying information means personal information that identifies an individual, which may include the individual's passport number

      reparation means—

      • (a) any amount that is required to be paid under a sentence of reparation; or

      • (b) any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002

      serious default, in relation to a person, means that—

      • (a) the person owes—

        • (i) an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or

        • (ii) any amount of reparation; and

      • (b) a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a); and

      • (c) the warrant has not been withdrawn or executed.

    141AE Disclosure of immigration information for fines enforcement purposes
    • (1) The purpose of this section is to facilitate the exchange of information between the Department of Labour and the Department to enable—

      • (a) the Department to locate any person who is in serious default in the payment of any fine; and

      • (b) appropriate fines enforcement action to be taken against that person.

      (2) For the purpose of this section, an authorised officer may supply to the Secretary of Labour any identifying information about a person who is in serious default.

      (3) If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2), the Secretary of Labour may compare that information with any information held by the Department of Labour that relates to that person.

      (4) If the Department of Labour has immigration information relating to a person who is in serious default, the Secretary of Labour may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Department of Labour:

      • (a) the person's full name:

      • (b) the person's date of birth:

      • (c) the person's sex:

      • (d) the person's nationality:

      • (e) the person's address (if known):

      • (f) the person's occupation (if known):

      • (g) the expiry date of any permit granted to the person (if applicable):

      • (h) the date that the person is expected to return to New Zealand (if applicable).

      (5) The Secretary of Labour and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—

      • (a) the frequency with which information may be supplied; and

      • (b) the form in which information may be supplied; and

      • (c) the method by which information may be supplied.

    141AF No Crown liability to third parties for fines enforcement action
    • (1) This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter), or to the questioning of any alleged defaulter with a view to taking any fines enforcement action, immediately—

      • (a) after the arrival of the alleged defaulter in New Zealand; or

      • (b) before the departure of the alleged defaulter from New Zealand.

      (2) The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.

      (3) Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter.

    141AG Chief executive of Department of Labour may supply information concerning specified fines defaulters to commercial carriers
    • (1) This section applies if information is supplied to the chief executive under section 280F(1) of the Customs and Excise Act 1996.

      (2) The chief executive may supply the information to any person or persons concerned with the movement of persons out of New Zealand.

      (3) The information given under subsection (2)—

      • (a) may be given in any form and by any method that the chief executive thinks appropriate; and

      • (b) may, in whole or in part, be in the form of a code representing the information.

      (4) In this section,—

      person concerned with the movement of persons out of New Zealand means an owner or an operator of a craft that carries persons from New Zealand to a point outside New Zealand, for commercial purposes, or the agent of an owner or operator of that kind

      specified fines defaulter has the meaning given to it by section 280F of the Customs and Excise Act 1996.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Immigration Amendment Act 2006. The eprint incorporates all the amendments to the Act as at 2 am on 29 November 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)