Y2.35 Requirement to provide further information (29/11/2010)

See also Immigration Act 2009 s 102

See also Immigration (Carriers’ Information Obligations) Regulations 2010, reg 6(2)

1. Airlines are required to provide information to the Department of Labour about passengers. This data assists the Department of Labour in the protection of border security.
2. If the Chief Executive of the Department of Labour (the Chief Executive) has requested information about a person who intended to or did travel to New Zealand not more than 14 days before or after the arrival of the craft, regulation 6(2) of the Immigration (Carriers’ Information Obligations) Regulations 2010 requires that the relevant carrier or person in charge of the craft must provide the Chief Executive with information about:
   1. where and on what date the person booked the intended travel; and
   2. with whom, if anyone, the person intended to travel; and
   3. with whom the person has previously travelled; and
   4. whether or not the person paid for their own intended travel, and the manner of payment; and
   5. the person's travel movements before the intended travel; and
   6. whether the route of the person's previous travel has changed from the way that he or she originally booked the travel, and if so, in what way; and
   7. whether the person failed to undertake travel on a previous occasion; and
   8. whether the person has unchecked baggage.
3. The Chief Executive must have access to the information specified in (b) (i)-(viii) for the period from the date specified by the Chief Executive until 14 days after the arrival in New Zealand of the craft on which the person to whom the requested information relates intended to, or did, travel to New Zealand.
4. The information specified in (b) (i)-(viii) above must be provided whether or not the person whom the information is about actually boarded the craft.
5. The Chief Executive must have access to the information specified in (b)(i) -(viii) above directly from the airline's database in an approved form and manner for a period of 14 days before or after the arrival in New Zealand of the craft on which the person whom the information is about intended to, or did, travel to New Zealand.
6. Information specified in (b) (i)-(viii) above may be retained by the Chief Executive if:
   1. the Chief Executive decided that the person to whom it relates may not board a craft for the purpose of travelling to New Zealand; or
   2. the person has been refused a visa and entry permission on arrival or in a place designated by the Chief Executive outside New Zealand; or
   3. the information needs to be retained as part of a record of a particular action having been taken in relation to the person to whom it relates (e.g. a record that a person was interviewed on arrival); or
   4. the information gives the Chief Executive good cause to suspect that an offence against this Act is being, or may have been, committed; or
   5. the information gives the Chief Executive good cause to suspect that a risk to border security exists.
7. A carrier or person in charge of a commercial craft who fails, without reasonable excuse, to meet the responsibilities set out in (b)-(e) 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.

Effective 29/11/2010