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Immigration Act 2009

Arrivals and departures - Obligations in relation to craft coming to New Zealand

101: Obligations in relation to craft en route to or arriving in New Zealand

You could also call this:

“Rules for bringing people into New Zealand by air or sea”

When a vehicle or craft is coming to New Zealand from another country, the person in charge and the carrier have important duties. They need to make sure all people on board have the right papers for immigration. When they arrive, they must show any documents that an immigration officer asks for. They also need to stop people from getting off the craft except in special immigration areas.

If the craft has to land somewhere else because of bad weather or other problems, they need to make sure everyone reports to immigration in the right way. If they find someone hiding on the craft, they must tell an immigration officer quickly.

For most craft, the person in charge must give a list of everyone on board if an immigration officer asks. For passenger planes on regular routes, they need to give any information the officer wants about who might have been on the plane.

Once the craft enters New Zealand waters, the person in charge must stop anyone from getting off, except to do their immigration duties. They can use reasonable force if needed.

These rules can be changed by special orders or by regulations made under section 400.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440734.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Transport and travel > Air travel
Transport and travel > Boating
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100: Collection of biometric information from proposed arrivals, or

“Collecting fingerprints or photos from people wanting to enter New Zealand”

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102: Obligations of carriers, and persons in charge, of craft to provide information, or

“Rules for vehicle operators to provide passenger information when entering or leaving New Zealand”

Part 4 Arrivals and departures
Obligations in relation to craft coming to New Zealand

101Obligations in relation to craft en route to or arriving in New Zealand

  1. Except as provided in regulations made under this Act, the carrier, and the person in charge, of any craft that is en route to New Zealand or that berths, lands, or arrives in New Zealand from another country have the following responsibilities:

  2. to ensure that all persons boarding the craft have the prescribed documentation for immigration purposes:
    1. on arrival of the craft at a place that is or contains an immigration control area,—
      1. to produce for inspection such prescribed documents as an immigration officer may specify; and
        1. if applicable, to prevent, with such reasonable force as may be necessary, the disembarkation of any person from the craft otherwise than into an immigration control area:
        2. subject to sections 17(3) and 22 of the Customs and Excise Act 2018, where the craft arrives, or is to arrive, in New Zealand elsewhere than at a place that is or contains an immigration control area because of weather conditions or other unforeseen circumstances, to make appropriate arrangements for all persons on board the craft to report in the manner and within the time prescribed for the purposes of section 103(1)(b):
          1. if a stowaway has been found on the craft, to report that fact to an immigration officer as soon as practicable.

            1. In addition to any obligations under section 102, the carrier, and the person in charge, of a craft that is en route to New Zealand or that berths, lands, or arrives in New Zealand from another country have the following responsibilities:

            2. in the case of a craft that is not a commercial passenger aircraft on a scheduled international service, to supply on demand by an immigration officer a list giving such details as the officer may specify concerning every person (whether a member of the crew or a passenger) who has been on board the craft since its last port of call:
              1. in the case of a commercial passenger aircraft on a scheduled international service, to supply such available information as may be required by an immigration officer relating to any person who may have been on board the craft since its last place of call.

                1. Once a craft that is en route to New Zealand has entered the territorial limits of New Zealand, the person in charge of the craft is, for the purpose of ensuring or facilitating compliance with this Act, responsible for preventing, with such reasonable force as may be necessary, the disembarkation of any person from the craft other than for the purpose of carrying out the person’s responsibilities under section 103.

                2. Subsections (1) to (3) are subject to any applicable special direction or to regulations made under section 400.

                3. Repealed
                Compare
                Notes
                • Section 101(1)(c): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                • Section 101(5): repealed, on , by section 273 of the Intelligence and Security Act 2017 (2017 No 10).