Immigration (Carriers' Information Obligations) Amendment Regulations 2015

2015/231

Coat of Arms of New Zealand

Immigration (Carriers’ Information Obligations) Amendment Regulations 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 28th day of September 2015

Present:
The Hon Bill English presiding in Council

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) Amendment Regulations 2015.

2 Commencement

These regulations come into force on 6 November 2015.

3 Principal regulations

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

4 Regulation 4 replaced (Obligation in relation to information for advance passenger processing)

Replace regulation 4 with:

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.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 6 November 2015, replace regulation 4 of the Immigration (Carriers’ Information Obligations) Regulations 2010 in order to—

  • clarify that the details of a passenger’s name and passport number or certificate of identity number that a carrier provides for advance passenger processing purposes must be exactly as shown in the passenger’s passport or certificate of identity; and

  • clarify that certain other information about a passenger (including the passenger’s date of birth, nationality, and gender) that a carrier provides for advance passenger processing purposes must be the same as specified in the passenger’s passport or certificate of identity; and

  • require that the information about a passenger that is provided by a carrier for advance passenger processing purposes also include details of where the information about that passenger that is specified in regulation 6(2) can be located.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 October 2015.

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