Y2.30 Carrier responsibilities on departure from New Zealand

See also Immigration Act 2009, s 118

See also Immigration (Carriers’ Information Obligations) Regulations 2010, reg 7(2)

1. Carriers (see Y2.25.10) are responsible on departure for:
   1. reporting to an immigration officer immediately before the craft (see Y2.25.5) leaves, details of any crew member or person described in regulation 7(2) of the Immigration (Carriers’ Information Obligations) Regulations 2010 who:
      • was on board when the craft arrived 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 being deported or who is liable for turnaround, as long as an offer to pay the fare has been received in relation to the person being deported and the safety of the craft or other persons on board is not endangered; and
   3. if a constable or an immigration officer delivers 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:
   5. 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 permitting travel to New Zealand and was, on arrival in New Zealand, refused a visa and entry permission (see Y4); 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
   6. meeting the costs (if any) incurred by the Crown in detaining and maintaining any person described in Y2.30(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 appropriate action will be taken against them utilising any appropriate enforcement tools in order to encourage compliance, including prosecution.

Y2.30.1 Obligations of carriers and persons in charge of craft

See also Immigration Act 2009 ss 10, 118.

1. The carrier, and the person in charge, of a craft leaving New Zealand must allow a person who has been refused a visa or entry permission or has had entry permission revoked to board the craft for passage from New Zealand.
2. The carrier of a craft leaving New Zealand must also provide passage from New Zealand at the cost in all respects of the carrier, or bear the cost of passage from New Zealand by any other carrier, of a person:
   1. who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and did not hold a visa permitting travel to New Zealand and was, on arrival in New Zealand, refused a visa and entry permission; or
   2. who arrived in New Zealand as a member of the crew of the craft, or of any other craft operated by the carrier, and who remained unlawfully in New Zealand after the departure of that craft:
3. The responsibility of the carrier and person in charge of a craft to allow people refused entry to board or is subject to the safety of the craft and the safety of other persons on the craft.

Effective 02/02/2015