Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
117: When turnaround ceases to apply to person remanded in custody or imprisoned
or “Turnaround status after release from custody or prison”
You could also call this:

“Rules for ships and planes leaving New Zealand and their companies”

When a ship or plane is leaving New Zealand, the people in charge of it have some important jobs to do. They must let certain people board the craft to leave New Zealand. These people include anyone being deported or anyone who needs to be turned around.

If a police officer or immigration officer brings someone to the craft, the people in charge must try their best to keep that person on board until the craft has left New Zealand’s waters. They can use reasonable force if they need to.

Just before the craft leaves, they must tell an immigration officer about any crew members or other specific people who were on the craft when it arrived in New Zealand but are not on board now.

The company that owns the craft also has some responsibilities. They must pay for the trip out of New Zealand for anyone who arrived on their craft (or another one they run) without the right visa and was refused entry or had their entry permission cancelled. They must also pay for crew members who stayed in New Zealand illegally after their craft left.

The company must also pay any costs the government had for keeping and looking after these people before they left New Zealand.

These rules might be changed by special instructions or by rules made under section 400.

When letting people board to leave New Zealand, the type of seat available doesn’t matter. However, they must think about the safety of the craft and everyone on board. For people being deported, someone must have offered to pay for their trip.

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 It might be out of date or be missing some parts.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

Next up: 119: Obligations of persons leaving New Zealand

or “What you need to do when leaving New Zealand”
Next

Part 4 Arrivals and departures
Obligations in relation to departure from New Zealand

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:
      1. any person liable for turnaround:
      2. 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:
        1. 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
            1. is not then on board the craft.

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

            3. 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
                  1. 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:
                  3. 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.

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

                    2. 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—

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

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