Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

361: Immigration officer may require information

You could also call this:

“Immigration officers can request personal details when considering fines for craft or employment offences”

If an immigration officer is thinking about giving a fine for a commercial craft offence, they can ask for information about the person in charge of the craft and the carrier. This information includes the full name and birth date of the person in charge, their home and mailing address, the carrier’s legal name and mailing address, and email addresses for both the carrier and the person in charge.

When an immigration officer is considering giving a fine for an employment offence, they can ask the employer for information. If the employer is a person, the officer can ask for their full name, birth date, home and mailing address, and their job title. If the employer is a company or organisation, the officer can ask for its legal name, when it started or was registered, and its official address.

You need to give this information if an immigration officer asks for it when they’re thinking about giving out a fine for these kinds of offences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441171.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights

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360: Infringement offences, or

“Explanation of how minor offences are dealt with under immigration law”


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362: When infringement notice may be issued, or

“When you might get an immigration infringement notice”

Part 10 Offences, penalties, and proceedings
Infringement offences

361Immigration officer may require information

  1. When considering whether to issue an infringement notice for a commercial craft infringement offence, an immigration officer may require the person concerned to provide all or any of the following information:

  2. the full name of the person in charge of the craft:
    1. the date of birth of the person in charge of the craft:
      1. the full residential address and, if different, the full postal address of the person in charge of the craft:
        1. the legal name of the carrier of the craft:
          1. the full postal address of the carrier of the craft:
            1. an electronic address for service for the carrier:
              1. an electronic address for service for the person in charge of the craft.
                1. When considering whether to issue an infringement notice for an employment infringement offence, an immigration officer may require the employer to provide all or any of the following information:

                2. if the employer is an individual, the employer’s—
                  1. full name:
                    1. date of birth:
                      1. full residential and postal address:
                        1. title or position:
                        2. if the employer is a body corporate or another entity, the employer’s—
                          1. legal name:
                            1. business starting or registration date:
                              1. address for service.
                              Notes
                              • Section 361(1): amended, on , by section 8(1) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                              • Section 361(1)(f): inserted, on , by section 89 of the Immigration Amendment Act 2015 (2015 No 48).
                              • Section 361(1)(g): inserted, on , by section 89 of the Immigration Amendment Act 2015 (2015 No 48).
                              • Section 361(2): inserted, on , by section 8(2) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).