118Obligations of carriers, and persons in charge, of craft

1. The carrier, and the person in charge, of a craft leaving New Zealand have the following responsibilities:

2. to allow the following persons to board the craft for passage from New Zealand:
   1. any person being deported:
   2. any person liable for turnaround:
3. in respect of such a person who is delivered to the craft by a constable or an immigration officer, to take all such reasonable steps (including the use of reasonable force) as may be necessary to detain that person on board the craft until it has left the territorial limits of New Zealand:
4. to report to an immigration officer immediately before the departure of the craft details of any crew member or person of a class prescribed for the purposes of this section who—
   1. was on board the craft when it arrived in New Zealand; and
   2. is not then on board the craft.

5. The carrier of a craft leaving New Zealand also has the following responsibilities:

6. to provide passage from New Zealand at the cost in all respects of the carrier, or to bear the cost of passage from New Zealand by any other carrier, of any person—
   1. who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and did not hold a visa permitting travel to New Zealand and who, on arrival in New Zealand, was—
      1. refused a visa and entry permission; or
      2. granted a visa and entry permission, but then had that entry permission revoked; or
   2. who arrived in New Zealand as a member of the crew of the craft, or of any other craft operated by the carrier, and who remained unlawfully in New Zealand after the departure of that craft:
7. to pay any costs incurred by the Crown in detaining and maintaining a person described in paragraph (a) pending the person's departure from New Zealand.

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

9. The responsibility of the carrier and person in charge under subsection (1)(a) is not affected by the class or type of seat available on the craft, but is subject to—

10. the safety of the craft; and
11. the safety of the other persons on the craft; and
12. in relation to a person being deported, an offer to pay the cost of passage having been received.

Compare

• s 125(3), (4), (5)

Notes

• Section 118(2)(a)(i): replaced, on 7 May 2015, by section 36 of the Immigration Amendment Act 2015 (2015 No 48).