Immigration Act 2009

Compliance and information - Disclosure of information to or by other agencies, bodies, or persons

306: Information that may be disclosed under section 305

You could also call this:

“Types of information that can be shared under immigration law”

Under section 305, you can share different types of information. This includes lists of airline passengers and crew, and details about how planes and ships move around. You can also share information about where certain people have travelled before.

The law allows you to share information about people’s past crimes, their general background (which might include who they know and work with), and how they usually do things. You can also share details about money they’ve handled that might be important, including if they’ve been involved in making dirty money look clean.

You’re allowed to share reports that analyse intelligence information and details of intercepted communications. You can also share personal details about people, which might include photos, physical features, or information about their identity documents or travel papers.

The law lets you share names and details of people who work in immigration or transport. You can also share information about people who might be involved in illegal activities. Lastly, you can share details about any visa a person has.

Remember, section 305 doesn’t stop you from sharing information in other ways if it’s required or allowed by other laws, treaties, agreements, or arrangements that New Zealand has made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441095.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law

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305: Disclosure of information overseas, or

“Rules for sharing immigration information with overseas agencies to prevent crime”


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307: Purpose of Part, or

“This part explains how New Zealand manages and monitors people who may need to leave the country”

Part 8 Compliance and information
Disclosure of information to or by other agencies, bodies, or persons

306Information that may be disclosed under section 305

  1. The information that may be disclosed under section 305 is—

  2. airline passenger and crew lists:
    1. craft movements (which may include passenger and crew lists):
      1. past travel movements of specified people:
        1. previous convictions of specified people:
          1. general history of specified people (which may include associates and networks):
            1. modus operandi of specified people:
              1. known currency and other financial transactions of relevant interest, including involvement in money laundering:
                1. intelligence analysis assessments and reports:
                  1. details of communications interceptions:
                    1. personal identification details (which may include photographs, biometric information, distinguishing features, and details of identity or travel documents):
                      1. names and details of immigration personnel and transport personnel:
                        1. details of known or suspected involvement of people in illicit activities:
                          1. details of any visa held by a person.
                            1. Section 305 does not prevent or limit any disclosure of information otherwise than under that section that may be required or authorised by or under law, or any treaty, agreement, or arrangement concluded by the Government of New Zealand.

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