Y2.30 Carrier responsibilities on departure

Immigration Act 1987 s 125

1. Carriers (see Y2.30.5 below) are responsible on departure for:
   1. reporting to an immigration officer immediately before the craft (see Y2.30.1 below)leaves, details of any person who:
      • was on board when the craft arrived in New Zealand; and
      • (being a crew member of, or passenger on, a seagoing ship or foreign fishing craft; or a crew member of a commercial aircraft) was exempt from having to hold a permit to be in New Zealand; and
      • is not on board the departing craft; and
   2. allowing on board the craft for carriage from New Zealand any person subject to a removal or deportation order, as long as the fare is paid and the safety of the craft or other persons on board is not endangered; and
   3. if the Police deliver such a person to the craft, taking all reasonable steps (including the use of reasonable force) necessary to detain that person on board the craft until it has left New Zealand; and
   4. providing, at the carrier's cost, carriage from New Zealand of any person who:
      • was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand but did not hold a visa and was not exempt from having to hold a permit and was not granted a permit (see Y3); or
      • arrived as crew of the craft, or any other craft operated by the carrier and remained unlawfully in New Zealand after that craft left; and
   5. meeting the costs (if any) incurred by the Crown in detaining and maintaining any person described in Y2.25(a)(iv) above until the person has left New Zealand on the first available craft.
2. A carrier who fails to meet the responsibilities set out above commits an offence and may be prosecuted.

Y2.30.1 Definition of 'craft'

Immigration Act 1987 s 2

'Craft' means any form of aircraft, ship, or other vehicle or vessel capable of being used to transport any person to or from New Zealand from or to any country outside New Zealand.

Y2.30.5 Definition of 'carrier'

Immigration Act 1987 s 2

'Carrier' in relation to a craft, means the owner or charterer of the craft; and if the owner or charterer is not in New Zealand, includes the owner's or charterer's agent in New Zealand or, if there is no such agent in New Zealand, the person in charge.

Effective 04/04/2005