Immigration (Carriers' Infringement Offences, Fees, and Forms) Regulations 2012

Reprint as at 6 June 2015

Coat of Arms of New Zealand

Immigration (Carriers’ Infringement Offences, Fees, and Forms) Regulations 2012

(SR 2012/106)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 28th day of May 2012

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 section 400 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’ Infringement Offences, Fees, and Forms) Regulations 2012.

2 Commencement

These regulations come into force on 1 July 2012.

3 Interpretation

In these regulations, Act means the Immigration Act 2009 and section means a section of the Act.

4 Infringement offences

The offences described in the first 2 columns of Schedule 1 are infringement offences.

5 Infringement fees

The fee set for an infringement offence in whichever of the third or fourth column of Schedule 1 is applicable is the infringement fee for the offence.

6 Infringement notices

An infringement notice issued under section 362 must be in the form set out in Schedule 2.

7 Infringement offence reminder notice

An infringement offence reminder notice authorised by section 363 must be in the form set out in Schedule 3.

Schedule 1 Infringement offences and fees

rr 4, 5

Provision of ActDescription of offenceFee for owner, charterer, or agent ($)Fee for person in charge of craft ($)
349(1)(a)Failing without reasonable excuse to comply with any of the carrier’s or the person’s responsibilities under section 96(2)1,000500
349(1)(b)Allowing a person to travel to New Zealand before a decision has been made by the chief executive under section 97(1)1,000500
349(1)(c)Having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(b), failing without reasonable excuse to ensure that the person to whom the decision relates complies with it5,0002,500
349(1)(c)Having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(c) (except when the condition is to show evidence of an outward ticket), failing without reasonable excuse to ensure that the person to whom the decision relates complies with it1,000500
349(1)(d)Failing without reasonable excuse to comply with obligations under section 102(2), (4), or (5)1,000500
349(2)(a)Failing without reasonable excuse to comply with any of the requirements of section 101(1)(a)5,0002,500

Schedule 1: amended, on 6 June 2015, by section 109(2) of the Immigration Amendment Act 2015 (2015 No 48).

Schedule 2 Form of infringement notice for carriers’ infringement offences

r 6

Form Infringement notice

Section 362, Immigration Act 2009

Infringement notice number:

Date of infringement notice:

Infringement notice served on—

Full name (or company name):

Full postal address (residential or business):

Alleged infringement offence details

Offence (time, place, and nature):

Infringement fee payable: $ [amount]

Passenger’s or crew member’s details (if applicable)

Name:

Date of birth:

Nationality:

Travel document number:

Flight number or craft identifier:

Arrival date:

Arrival port:

Issuing details

Issuing officer:

Method infringement notice served by:

Address of service:

Date infringement notice served:

Procedures for payment of infringement fee

You are liable to pay the infringement fee. If it is not paid within 28 days, a reminder notice will be served.

Infringement fees may be paid to the Department of Labour by any of the following methods: [specify payment options]

Please quote the infringement notice number shown above.

Cheques must be payable to the Department of Labour, crossed and marked “Not transferable”, and sent to—

Department of Labour

PO Box 3705

Wellington

New Zealand

Attention: Finance

Information about infringement offences

Note: You should consult a lawyer immediately if there is anything in this notice that you do not understand.

Payment of infringement fee
1

If you pay the infringement fee within 28 days after service of this notice, no further action on the infringement offence will be taken. Payment must be made to the Department of Labour in accordance with the instructions in this notice.

Further action
2

If you want to raise any matter relating to the circumstances of the offence, you must do so by writing to the Department of Labour at the address shown at the end of this notice within 28 days after service of this notice.

Defence
3

You have a defence against any proceedings for the offence if you can prove that the infringement fee was paid to the Department of Labour by one of the payment methods specified in this notice within 28 days after service of a reminder notice.

Right to request hearing
4

You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the Department of Labour at the address shown at the end of this notice within 28 days after service of a reminder notice.

If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

If you deny liability for the offence and request a hearing, the Department of Labour will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Department of Labour decides not to commence court proceedings).

Note: If the court finds you guilty of the offence, it may impose costs in addition to any fine.

If you admit liability for the offence but want the court to consider your submissions, you must, in your request for a hearing,—

(a)

admit the offence; and

(b)

set out the written submissions that you want the court to consider.

The Department of Labour will then file your letter and request for a hearing with the court (unless the Department of Labour decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.

Note: The court may impose costs in addition to any fine.

Consequences of taking no action
5

If, within 28 days after service of this notice, you have not paid the infringement fee and the Department of Labour has not received a request for a hearing, you will be served with a reminder notice (unless the Department of Labour decides not to pursue the matter).

If, within 28 days after service of a reminder notice, you have not paid the infringement fee and the Department of Labour has not received a request for a hearing, you will become liable to pay costs in addition to the infringement fee specified in this notice (unless the Department of Labour decides not to commence court proceedings).

Questions and other correspondence
6

In any correspondence, please include—

(a)

the date of this notice; and

(b)

the infringement notice number; and

(c)

the course of action you are taking on the offence; and

(d)

your full address for replies.

Rights and obligations
7

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Department of Labour’s postal address for correspondence (for postal address for payment, see above)

Department of Labour

PO Box 7300

Auckland

New Zealand

Attention: Carrier Infringement Unit

Schedule 3 Form of infringement offence reminder notice for carriers’ infringement offences

r 7

Form Reminder notice

Section 363, Immigration Act 2009

Reminder notice number:

Date of reminder notice:

Reminder notice served on—

Full name (or company name):

Full postal address (residential or business):

Alleged infringement offence details

Offence (time, place, and nature):

Infringement fee payable: $ [amount]

Passenger’s or crew member’s details (if applicable)

Name:

Date of birth:

Nationality:

Travel document number:

Flight number or craft identifier:

Arrival date:

Arrival port:

Service details

[To be provided for filing in court]

Issuing details of infringement notice

Issuing officer:

Method infringement notice served by:

Address of service:

Date infringement notice served:

Issuing details of reminder notice

Issuing officer:

Method reminder notice served by:

Address of service:

Date reminder notice served:

The last day for payment is [specify date], which is 28 days from the date of service recorded in this notice.

Procedures for payment of infringement fee

Infringement fees may be paid to the Department of Labour by any of the following methods: [specify payment options]

Please quote the reminder notice number shown above.

Cheques must be payable to the Department of Labour, crossed and marked “Not transferable”, and sent to—

Department of Labour

PO Box 3705

Wellington

New Zealand

Attention: Finance

Information about infringement offences

Note: You should consult a lawyer immediately if there is anything in this notice that you do not understand.

Payment of infringement fee
1

If you pay the infringement fee within 28 days after service of this notice, no further action on the infringement offence will be taken. Payment must be made to the Department of Labour in accordance with the instructions in this notice.

Further action
2

If you want to raise any matter relating to the circumstances of the offence, you must do so by writing to the Department of Labour at the address shown at the end of this notice within 28 days after service of this notice.

Defence
3

You have a defence against any proceedings for the offence if you can prove that the infringement fee was paid to the Department of Labour by one of the payment methods specified in this notice within 28 days after service of this notice.

Right to request hearing
4

You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the Department of Labour at the address shown at the end of this notice within 28 days after service of this notice.

If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

If you deny liability for the offence and request a hearing, the Department of Labour will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Department of Labour decides not to commence court proceedings).

Note: If the court finds you guilty of the offence, it may impose costs in addition to any fine.

If you admit liability for the offence but want the court to consider your submissions, you must, in your request for a hearing,—

(a)

admit the offence; and

(b)

set out the written submissions that you want the court to consider.

The Department of Labour will then file your letter and request for a hearing with the court (unless the Department of Labour decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.

Note: The court may impose costs in addition to any fine.

Consequences of taking no action
5

If, within 28 days after service of this notice, you have not paid the infringement fee and the Department of Labour has not received a request for a hearing, you will become liable to pay costs in addition to the infringement fee specified in this notice (unless the Department of Labour decides not to commence court proceedings).

Questions and other correspondence
6

In any correspondence, please include—

(a)

the date of the infringement notice; and

(b)

the infringement notice number; and

(c)

the date of this notice; and

(d)

the reminder notice number; and

(e)

the course of action you are taking on the offence; and

(f)

your full address for replies.

Rights and obligations
7

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Department of Labour’s postal address for correspondence (for postal address for payment, see above)

Department of Labour

PO Box 7300

Auckland

New Zealand

Attention: Carrier Infringement Unit

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2012.

Reprints notes
1 General

This is a reprint of the Immigration (Carriers’ Infringement Offences, Fees, and Forms) Regulations 2012 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 Amendment Act 2015 (2015 No 48): section 109