Immigration Act 2009

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

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

You could also call this:

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

When a ship or plane is on its way to New Zealand, the person in charge and the company that owns it have some important jobs to do. If an immigration officer asked for a list of details about the people on board before the new law started, and it wasn’t given, it’s now treated as if the officer asked for it under the new law. This means you still need to provide that information.

The same thing applies to any other information an immigration officer asked for under the old law. If you didn’t give it before, you still need to provide it under the new law.

Sometimes, because of bad weather or other unexpected problems, a ship or plane might have to arrive somewhere in New Zealand that isn’t an official immigration area. If this happens, the time you have to give information to immigration officers starts from when the ship or plane actually arrived, not from when the new law began.

These rules help make sure that important information about people coming into New Zealand is still given to immigration officers, even if the laws have changed or if there are unexpected problems with travel.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441371.

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

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

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


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424: Person recognised as refugee under former Act treated as recognised as refugee under this Act, or

“Refugees recognised before 2009 are treated the same as those recognised after”

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

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

  1. On and from the commencement of section 404 of this Act, a demand by an immigration officer under section 125(2)(c) of the former Act for a list giving specified details that has not been complied with as at the date of that commencement must be treated for the purposes of this Act as a demand by an immigration officer for a list under section 101(2)(a) of this Act.

  2. On and from the commencement of section 404 of this Act, information required by an immigration officer under section 125(2)(d) of the former Act that has not been provided as at the date of that commencement must be treated for the purposes of this Act as information required by an immigration officer under section 101(2)(b) of this Act.

  3. For the purposes of this section, if a craft arrives, or is to arrive, in New Zealand otherwise than at a place that is or contains an immigration control area because of weather conditions or other unforeseen circumstances, the prescribed time referred to in section 101(1)(c) of this Act must be calculated including any time that has elapsed between the arrival of the craft and the commencement of section 404 of this Act.