Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Arrivals and departures - Advance passenger processing

97: Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand

You could also call this:

“Chief executive can decide if you can travel to New Zealand by commercial transport”

The chief executive can decide if you can board a commercial craft to travel to New Zealand. They can say you may board, you may not board, or you may board only if you follow certain conditions.

The chief executive must tell the carrier or person in charge of the craft about this decision. They can do this in any way they think is best, including using an approved system or an automated electronic notification.

The chief executive can make this decision even if you have a visa, entry permission, or a visa waiver. However, they cannot stop you from boarding or add conditions if you are a New Zealand citizen with a New Zealand passport, a New Zealand citizen with a foreign passport that has a special endorsement, a permanent resident, or in some cases, a resident visa holder.

You cannot appeal this decision to any court, the Tribunal, the Minister, or anyone else. You can only challenge the decision if you believe you should not have been affected by it because you fall into one of the special categories mentioned earlier.

The chief executive does not have to give reasons for their decision other than saying that the law allows them to make it. The Official Information Act does not apply to this decision.

When the chief executive is telling the carrier or person in charge about the decision, they do not have to follow the rules about how to give notices that are described in section 305 of this Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440731.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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96: Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure, or

“Providing passenger information before departure for commercial craft to and from New Zealand”

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97A: Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand, or

“Chief executive decides if you can leave New Zealand by commercial craft”

Part 4 Arrivals and departures
Advance passenger processing

97Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand

  1. The chief executive may decide that a person in relation to whom information has been received under section 96(2) and who intends to board a commercial craft for the purpose of travelling to New Zealand—

  2. may board the craft; or
    1. may not board the craft; or
      1. may board the craft only if he or she complies with conditions specified by the chief executive.

        1. The chief executive—

        2. must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) of a decision made under subsection (1); and
          1. may do so in any form he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and
            1. may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.

              1. The chief executive—

              2. may make a decision under subsection (1) whether or not the person to whom the decision relates—
                1. holds a visa to travel to New Zealand; or
                  1. has been granted entry permission; or
                    1. is a person to whom a visa waiver applies; but
                    2. may not make a decision under subsection (1)(b) or (c) if the person to whom the decision relates is—
                      1. a New Zealand citizen who, before boarding the craft, holds and produces a New Zealand passport; or
                        1. a New Zealand citizen who, before boarding the craft, holds and produces a foreign passport containing an endorsement of a type described in section 384; or
                          1. a New Zealand citizen who, before boarding the craft, produces a returning resident's visa (within the meaning of section 2(1) of the former Act) endorsed in a current passport; or
                            1. a permanent resident; or
                              1. 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.

                              2. A person in relation to whom a decision is made under subsection (1)—

                              3. may not appeal the decision to any court, the Tribunal, the Minister, or otherwise:
                                1. may bring review proceedings in relation to the decision only on the grounds that he or she is a person in relation to whom that decision should not have been made because he or she is a person to whom subsection (3)(b) applies.

                                  1. The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies, and section 23 of the Official Information Act 1982 does not apply in respect of the decision.

                                  2. Nothing in section 305 applies to the chief executive when he or she is giving a notification under subsection (2).

                                  Compare
                                  Notes
                                  • Section 97 heading: replaced, on , by section 271(1) of the Intelligence and Security Act 2017 (2017 No 10).
                                  • Section 97(1): replaced, on , by section 271(2) of the Intelligence and Security Act 2017 (2017 No 10).
                                  • Section 97(2)(a): replaced, on , by section 271(3) of the Intelligence and Security Act 2017 (2017 No 10).
                                  • Section 97(6): replaced, on , by section 271(4) of the Intelligence and Security Act 2017 (2017 No 10).