Y2.25 Carrier responsibilities prior to departure (29/11/2010)

See also Immigration Act 2009 ss 96, 101(1)

See also Immigration (Carriers’ Information Obligations) Regulations 2010, reg 5

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations, reg 11(3), 29)

1. The Immigration Act 2009 requires that the carrier or the person in charge of any craft en route to New Zealand, or that berths, lands or arrives in New Zealand is responsible for ensuring all persons boarding the craft have the appropriate immigration documentation. The Immigration (Carrier's Information Obligations) Regulations 2010 prescribe the immigration documentation which includes:
   1. a valid passport or certificate of identity (unless exempt); and
   2. a visa (if required) or an endorsement indicating New Zealand citizenship.

      Note: The check for a visa or endorsement is not required if the carrier or person in charge of a commercial craft obtains the Advance Passenger Processing information as detailed in Y2.20 from every person who intends to board the craft for the purpose of travelling to New Zealand and provides that information to the Chief Executive of the Department of Labour.

2. A carrier or person in charge of a commercial craft who, without reasonable excuse, fails to ensure that all persons boarding the craft have the appropriate immigration documentation except where a person is exempt under regulation 11(3) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 from holding certain documentation, commits an offence and may:
   1. incur an infringement fee; or
   2. be prosecuted; or
   3. have other action may be taken against them utilising any appropriate enforcement tools in order to encourage compliance.

Y2.25.1 Carrier responsibilities for ensuring or facilitating compliance with the Immigration Act 2009

1. Carriers are responsible on arrival for:
   1. once inside the territorial limits of New Zealand and for the purpose of ensuring or facilitating compliance with the Immigration Act 2009, preventing, with such reasonable force as may be necessary, any person landing in New Zealand other than:
      • in an immigration control area; or
      • for the purpose of complying with the responsibilities in Y2.1(a) and (b); and
   2. providing, as may be required by an immigration officer, any details about any persons who may have been on board the craft since its last port of call; and
   3. if the craft is unable to land at an immigration control area, to make appropriate arrangements for all persons on board to report to an immigration officer at an immigration control area, within 72 hours of arriving in New Zealand; and
   4. reporting to an immigration officer as soon as practicable, the existence of any stowaway on board.
2. A carrier who, without reasonable excuse, 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.

Y2.25.5 Definition of 'craft'

See also Immigration Act 2009 s 4

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

Y2.25.10 Definition of 'carrier'

See also Immigration Act 2009 s 4

‘Carrier’, in relation to a craft:

1. means the owner or charterer of the craft; and
2. if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and
3. if there is no agent in New Zealand, includes the person in charge of the craft.

Effective 29/11/2010