Y2.20 Advance Passenger Processing

See also Immigration Act 2009 ss 96, 97, 349, 359, 360

See also Immigration (Carriers’ Information Obligations) Regulations 2010, reg 4

1. The Department of Labour requires airlines to initiate passenger checks and pre-processing of passengers prior to embarkation for travel to and through New Zealand by means of the Advance Passenger Processing (APP) system.
2. APP assists in the facilitation of efficient and effective processing of all passengers on entry to, and through, New Zealand.

Y2.20.1 Provision of information for the purpose of Advance Passenger Processing

1. A carrier, and a person in charge of a commercial craft, who is notified by the Chief Executive of the Department of Labour (the Chief Executive) that they must comply with responsibilities under section 96 of the Immigration Act 2009 must, prior to their departure from another country to travel to New Zealand, obtain the information prescribed by regulation 4 of the Immigration (Carriers’ Information Obligations) Regulations 2010, from every person who intends to board the craft for the purpose of travelling to New Zealand.
2. Where the craft is either scheduled to, or it is proposed that it travels to New Zealand, prior to departure from another country, the carrier and person in charge of the craft, must provide the information required in (a) above to the Chief Executive by means of an approved system (see Y2.20.10).
3. This information includes:
   1. the person's name, date of birth, nationality, gender, passport or certificate of identity number (if any) and passport or certificate of identity expiry date (if any); and
   2. the issuer of the person's passport or certificate of identity, if it is not the person's country of nationality (if any); and
   3. 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
   4. information identifying the craft and its intended movements.
4. A carrier or person in charge of a commercial craft who, without reasonable excuse, fails to meet the responsibilities set out above commits an offence and may:
   1. incur an infringement fee ; or
   2. be prosecuted; or
   3. have other action taken against them utilising any appropriate enforcement tools in order to encourage compliance.
5. The Chief Executive of the Department of Labour may exempt, in writing, a carrier or a person in charge of a commercial craft from complying (in whole or in part) with the requirements set out in (a), (b) and (c) above.

Y2.20.5 Decisions about people boarding craft for the purpose of coming to New Zealand

1. The Chief Executive of the Department of Labour may decide (including by automatic means) that a person about whom passenger information has been received:
   1. may or may not board a craft for the purpose of travelling to New Zealand;
   2. may board a craft for the purpose of travelling to New Zealand if he or she complies with specified conditions.
2. Where such a decision is made the Chief Executive must notify the relevant carrier or person in charge of the commercial craft of that decision.
3. Notification may be in any form that the Chief Executive thinks is appropriate, including by means of an approved system or by means of an automated electronic notification.
4. The Chief Executive may make decisions about whether a person may or may not board or may only board subject to specified conditions, whether or not the person holds a visa to travel to New Zealand, or is a person who is waived the requirement to obtain a visa to travel to New Zealand .
5. The Chief Executive may not make decisions about whether a person may or may not board or may only board subject to specified conditions if that person is:
   1. a New Zealand citizen who, before boarding, holds and produces a New Zealand passport; or
   2. a New Zealand citizen who, before boarding, holds and produces a foreign passport containing an endorsement indicating New Zealand citizenship; or
   3. a New Zealand citizen who, before boarding, produces a foreign passport that contains a returning resident’s visa issued under the Immigration Act 1987; or
   4. a permanent resident; or
   5. a resident visa holder, unless the person has not previously travelled to New Zealand as the holder of that visa and the visa was granted outside New Zealand.
6. The Chief Executive is not obliged to give reasons for decisions about whether a person may or may not board or may only board subject to specified conditions, other than that the decision is made in terms of section 97(1) of the Immigration Act 2009 and section 23 of the Official Information Act 1982 does not apply in respect of the decision.
7. A person about whom a decision is made in terms of (a) above may not appeal the decision and may not bring review proceedings in relation to the decision except on the grounds that the decision should not have been made because they are a person listed in Y2.20.5(e) above.
8. Every carrier or person in charge of a commercial craft commits an offence if:
   1. they allow a person to travel to New Zealand before a decision is made by the Chief Executive in terms of (a) above; or
   2. they fail, without reasonable excuse, to ensure that such a decision is complied with.
9. A carrier or person in charge of a commercial craft who fails, without reasonable excuse, to meet the responsibilities set out in (a) above commits an offence and may:
   1. incur an infringement fee; or
   2. be prosecuted; or
   3. have other action taken against them, utilising any appropriate enforcement tools in order to encourage compliance.

Y2.20.10 Definition of 'approved system'

See also Immigration Act 2009 s 4

An 'approved system' means a system, including an electronic system, approved by the Chief Executive of the Department of Labour for the purpose of:

1. providing the information set out in Y2.20.1; or
2. notifying a carrier or person in charge of a commercial craft of a decision of the Chief Executive about a person boarding a craft for the purpose of travelling to New Zealand. (Y2.20.5)

Y2.20.15 Delegation of Chief Executive's powers in relation to the operation of Advance Passenger Processing

1. The Chief Executive of the Department of Labour has delegated to people occupying the positions set out in (b) below, the following powers relating to the operation of Advance Passenger Processing:
   1. the power, in accordance with section 97(1) of the Immigration Act 2009, to make a decision about whether or not a person may or may not board a craft for the purposes of travelling to New Zealand, including specifying conditions which must be complied with before a person boards a craft for travel to New Zealand; and
   2. the power, in accordance with section 97(2) of the Immigration Act 2009, to determine the means by which any decision made under section 97(1) of that Act is to be notified to a carrier or person in charge of a commercial craft to whom section 96(2) applies;
   3. the power, in accordance with section 102(3) of the Immigration Act 2009 to request information about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft;
   4. the power, in accordance with section 102(2)(b) of the Immigration Act 2009, to have access to information of the kind specified in the Immigration (Carrier's Information Obligations) Regulations 2010 about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft, and to approve the manner and form of that access, and specify the dates on which the access is required in accordance with subsections 102(4) and (6) of Immigration Act 2009; and
   5. the power, in accordance with subsections 102(5)(d) and (e) of the Immigration Act 2009, to determine whether, in respect of information disclosed or accessed in accordance with subsections 102(2)(a) and (b) of that Act, there is good cause to suspect that an offence against that Act is being, or may have been, committed, or a risk to border security exists.

Deputy Chief Executive – Immigration

General Manager, Intelligence, Risk & Integrity, Immigration Group

Manager, Border Operations, Immigration Group

Branch Manager, Border Operations, Immigration Group

Immigration Manager, Border Operations, Immigration Group

Technical Advisor, Onshore Border Operations, Immigration Group

Immigration Officer undertaking duties in an Immigration Control Area

Effective 05/04/2011