Immigration (Carriers' Information Obligations) Regulations 2010

Reprint as at 28 September 2017

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, or from, 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

(v)

the place where the person checked in to commence travelling to, or from, New Zealand; 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).

Regulation 4(1)(a): amended, on 28 September 2017, by regulation 4(1) of the Immigration (Carriers’ Information Obligations) Amendment Regulations (No 2) 2017 (LI 2017/254).

Regulation 4(1)(a)(v): inserted, on 28 September 2017, by regulation 4(2) of the Immigration (Carriers’ Information Obligations) Amendment Regulations (No 2) 2017 (LI 2017/254).

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, or from, New Zealand, whether or not he or she did in fact board the craft:

(a)

any information prescribed under regulation 4(2):

(b)

the person’s full name:

(c)

all contact details for the person, including (but not limited to) telephone numbers and all contact, destination, and email addresses:

(d)

where, on what date, and with whom the person’s intended travel was booked:

(e)

the name, location, and contact details of any travel or booking agent and agency who booked the intended travel for the person, including (but not limited to) the travel or booking agent’s or agency’s identifiers (for example, any International Air Transport Association (IATA) codes):

(f)

the date on which the person intends or intended to travel:

(g)

all details of the person’s travel itinerary, including (but not limited to) all transport segments before and after the intended travel:

(h)

whether the date or any route or segment of the person’s travel itinerary was changed, or whether any route or segment of the itinerary was cancelled or the person failed to undertake that travel, and the dates and details relating to any change or cancellation:

(i)

with whom, if anyone, the person intends or intended to travel, including the name of any travel group:

(j)

whether the travel itinerary of a person with whom the person intends or intended to travel has changed, and the dates and details relating to any change:

(k)

whether the person paid for their own intended travel, and the form and manner of payment:

(l)

information related to the payment for the intended travel, including (but not limited to) the name on any credit card used, the credit card details, the billing address, any breakdown of payment details, and the Internet Protocol address for the computer used to make the payment:

(m)

the date or dates on which all tickets for the person’s intended travel were issued:

(n)

the person’s ticketing information, including (but not limited to) ticket class or type, ticket numbers, whether a ticket was reissued or upgraded, ticketing agent details, and ticketing location:

(o)

the person’s frequent flyer number, type, and status:

(p)

the person’s travel class type for the intended travel:

(q)

the name of the carrier or person in charge of the craft on which the person intends or intended to travel, the flight number of the craft, and the details of any other carrier operating a code-share flight with that flight:

(r)

whether the person has checked baggage for the intended travel and, if so, the number of checked items and the details about each item, including (but not limited to) their weight, identification numbers, pooled baggage status, boarding point, and destination:

(s)

the seat number allocated to the person for the intended travel and the details relating to any change to the seat allocation, including (but not limited to) the date on which a change was made:

(t)

the details about the person’s travel status for the intended travel, including (but not limited to) standby or staff status and timing and sequence of check-in and boarding:

(u)

all service information, including (but not limited to) whether the person has made any service requests for the intended travel and, if so, the details of those requests:

(v)

any changes made to any of the information that is specified in this regulation after the intended travel was booked:

(w)

a description of the location of the information about the person that is specified in this regulation (including, if applicable, any electronic address for the information).

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

Regulation 6(2): amended, on 28 September 2017, by regulation 5 of the Immigration (Carriers’ Information Obligations) Amendment Regulations (No 2) 2017 (LI 2017/254).

Regulation 6(2)(a): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(b): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(c): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(d): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(e): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(f): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(g): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(h): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(i): replaced, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(j): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(k): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(l): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(m): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(n): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(o): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(p): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(q): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(r): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(s): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(t): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(u): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(v): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

Regulation 6(2)(w): inserted, on 8 May 2017, by regulation 4 of the Immigration (Carriers’ Information Obligations) Amendment Regulations 2017 (LI 2017/53).

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/.