Immigration Act 2009

Offences, penalties, and proceedings - Offences

349: Offences relating to carriers, and persons in charge, of craft

You could also call this:

“Penalties for carriers and craft operators who break immigration rules”

If you are in charge of a commercial craft or you are a carrier, you can get in trouble with the law if you do certain things wrong. You might break the law if you don’t do your job properly when bringing people to New Zealand. For example, if you let someone travel before the chief executive says it’s okay, that’s against the rules. You also need to make sure people follow the decisions made by the chief executive about their travel.

You could also get in trouble if you don’t give the right information about the people on your craft when you arrive in New Zealand. This includes things like passenger lists and other details the government needs.

If you’re in charge of a craft, you need to tell the right people when your craft is about to arrive in New Zealand. If you don’t do this, you could be breaking the law.

These rules apply whether you’re in New Zealand or not. If someone breaks these rules, either the person in charge of the craft or the carrier can be held responsible, but not both at the same time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441156.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Transport and travel > Air travel
Transport and travel > Boating

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348: Alteration of forms, or

“Rules for changing immigration forms after they've been signed”


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350: Offences by employers, or

“Employers can be penalised for knowingly allowing unauthorised work”

Part 10 Offences, penalties, and proceedings
Offences

349Offences relating to carriers, and persons in charge, of craft

  1. Every carrier, or person in charge, of a commercial craft commits an offence who—

  2. fails without reasonable excuse to comply with any of the carrier's or the person's responsibilities under section 96(2); or
    1. allows a person to travel to, or from, New Zealand before a decision has been made by the chief executive under section 97(1) or 97A(1); or
      1. having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(b) or (c), without reasonable excuse fails to ensure that the person to whom the decision relates complies with it; or
        1. having been notified under section 97A(3) of a decision made by the chief executive under section 97A(1)(b) or (c), fails without reasonable excuse to ensure that the person to whom the decision relates complies with it; or
          1. fails without reasonable excuse to comply with any of the carrier’s or the person’s obligations under section 102(2), (4), or (5).
              1. Every carrier, or person in charge, of a craft commits an offence who fails without reasonable excuse to comply with any of the requirements of—

              2. section 101(1)(a); or
                1. section 118(1)(a); or
                  1. sections 101(1)(b), (c), and (d), 101(2), and 118(1)(b) and (c).
                    1. Every person in charge of a craft commits an offence who fails without reasonable excuse to comply with section 101(3).

                    2. Every carrier of a craft commits an offence who fails to comply with section 118(2).

                    3. To avoid doubt, proceedings in respect of an offence against subsection (1), (2), or (3) may be taken—

                    4. against the carrier, or the person in charge, of the craft, but not both:
                      1. whether the offence occurred in or outside New Zealand.
                        Compare
                        Notes
                        • Section 349(1)(b): replaced, on , by section 277(1) of the Intelligence and Security Act 2017 (2017 No 10).
                        • Section 349(1)(ca): inserted, on , by section 277(2) of the Intelligence and Security Act 2017 (2017 No 10).
                        • Section 349(1)(d): replaced, on , by section 85 of the Immigration Amendment Act 2015 (2015 No 48).
                        • Section 349(1)(e): repealed, on , by section 85 of the Immigration Amendment Act 2015 (2015 No 48).