Immigration (Carriers' Information Obligations) Regulations 2010

Reprint as at 6 November 2015

Coat of Arms of New Zealand

Immigration (Carriers’ Information Obligations) Regulations 2010

(SR 2010/238)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of August 2010

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to sections 400 and 402 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Immigration (Carriers’ Information Obligations) Regulations 2010.

2 Commencement

These regulations come into force at 2 am on 29 November 2010.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires, Act means the Immigration Act 2009.

(2)

Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

4 Obligation in relation to information for advance passenger processing

(1)

For the purposes of section 96(2) of the Act, a carrier, or a person in charge, of a commercial craft to whom section 96 of the Act applies must provide to the chief executive,—

(a)

for every person who intends to board the craft for the purpose of travelling to New Zealand,—

(i)

the information specified in subsection (2); and

(ii)

the person’s status as a traveller (including, but not limited to, whether the person is a member of the craft’s crew, a passenger whose destination is New Zealand, or a passenger whose destination is other than New Zealand); and

(iii)

the type of travel document produced by the person before boarding the craft; and

(iv)

a description of the location of the information about the person that is specified in regulation 6(2) (including, if applicable, the electronic address for the information); and

(b)

information identifying the craft and its intended movements.

(2)

The information referred to in subclause (1)(a)(i) is—

(a)

the following details exactly as shown in the person’s passport or certificate of identity:

(i)

the person’s name; and

(ii)

the number of the person’s passport or certificate of identity; and

(b)

the following details specified in the person’s passport or certificate of identity:

(i)

the person’s date of birth; and

(ii)

the person’s nationality; and

(iii)

the person’s gender; and

(iv)

the expiry date of the person’s passport or certificate of identity; and

(v)

the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality.

Regulation 4: replaced, on 6 November 2015, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2015 (LI 2015/231).

5 Obligation in relation to documentation for persons on craft en route to or arriving in New Zealand

(1)

For the purposes of section 101 of the Act, a carrier, and a person in charge, of a craft that is en route to New Zealand or that berths, lands, or arrives in New Zealand must ensure that all persons boarding the craft have the following documentation:

(a)

a passport or certificate of identity:

(b)

a visa (if required) or an endorsement of a type described in section 384 of the Act.

(2)

Subclause (1)(a) does not apply to a carrier, and a person in charge, of a craft carrying a person who is exempted by regulations made under the Act from the requirement to produce a passport or certificate of identity, but only to the extent that the obligation under subclause (1)(a) relates to that person.

(3)

Subclause (1)(b) does not apply to a carrier, and a person in charge, of a commercial craft to whom section 96 of the Act applies if the carrier or person has complied with regulation 4(1).

6 Obligation to provide other information

(1)

For the purposes of section 102(2) and (4) of the Act, a person (being a carrier, or a person in charge, of a commercial craft) to whom section 96 of the Act applies must provide, or otherwise make available, to the chief executive the information described in subclause (2).

(2)

The information is the following information about every person who intended to board the craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft:

(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.

Regulation 6(1): replaced, on 6 June 2015, by section 64(2) of the Immigration Amendment Act 2015 (2015 No 48).

7 Obligation to report failure of passengers on specified maritime craft to depart New Zealand

(1)

For the purposes of section 118(1)(c) of the Act, a carrier, and a person in charge, of a craft leaving New Zealand must report to an immigration officer immediately before the departure of the craft details of any persons specified in subclause (2) who were on board the craft when it arrived in New Zealand and who were not then on board the craft.

(2)

The persons referred to in subclause (1) are passengers of a maritime craft that—

(a)

carries passengers or cargo or both in the ordinary course of business of the craft; and

(b)

plies between any foreign place and New Zealand.

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 August 2010.

Reprints notes
1 General

This is a reprint of the Immigration (Carriers’ Information Obligations) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Immigration (Carriers’ Information Obligations) Amendment Regulations 2015 (LI 2015/231)

Immigration Amendment Act 2015 (2015 No 48): section 64