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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Arrivals and departures

422: Obligations of carriers of craft leaving New Zealand to provide passage

You could also call this:

“Carriers must help and pay for people they brought to NZ without proper papers to leave”

If you are a carrier (someone who transports people) and you brought someone to New Zealand before the new law started, you have some responsibilities. This applies if the person you brought didn’t have the right papers to enter New Zealand, or if they were part of your crew and stayed in New Zealand when they shouldn’t have.

If this person is still in New Zealand when the new law starts, you need to help them leave. You must pay for their trip out of New Zealand, either on your own transport or by paying for them to go with another carrier.

You also have to pay the government back for any costs they had to keep this person in New Zealand. This includes costs from before the new law started and after it begins.

These rules are the same as the ones for people who aren’t allowed to enter New Zealand under the new law. The government treats the situation as if it happened under the new rules, even though it started before.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441370.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Transport and travel > Air travel
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421: Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand, or

“Reporting requirements for craft operators when passengers who entered New Zealand before 2009 leave on a different craft”

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423: Responsibilities of carrier, and person in charge, of craft en route to New Zealand, or

“Duties for those in charge of ships and planes heading to New Zealand”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Arrivals and departures

422Obligations of carriers of craft leaving New Zealand to provide passage

  1. This section applies to a carrier of a craft if, before the commencement of section 404 of this Act,—

  2. a person,—
    1. not being the holder of a visa under the former Act, was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and neither was exempt under that Act from the requirement to hold a permit nor was granted a permit or pre-cleared permit on or before arrival in New Zealand; or
      1. arrived in New Zealand as a member of the crew of the craft, or any other craft operated by the carrier, and, otherwise than in accordance with the former Act, remained in New Zealand after the departure of that craft; and
      2. the person has not left New Zealand.

        1. On and from the commencement of section 404 of this Act, the obligations of the carrier under section 118(2)(a) of this Act 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, apply in respect of the person as if the person were a person described in section 118(2)(a) of this Act.

        2. On and from the commencement of section 404 of this Act, the obligations of the carrier under section 118(2)(b) of this Act to pay all costs incurred by the Crown in detaining and maintaining a person pending the person’s departure from New Zealand apply in respect of a person described in subsection (1) as if the person were a person described in section 118(2)(a) of this Act, and regardless of whether the Crown incurred the costs before or after the commencement of section 404 of this Act.