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Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

365A: How infringement notice may be served: carriers, and persons in charge, of craft

You could also call this:

“How carriers or people in charge of commercial craft can receive an infringement notice”

This section explains how an infringement notice can be given to carriers or people in charge of commercial craft who might have broken immigration rules.

You can receive a notice in three ways:

The immigration officer can send it to your electronic address. If they do this, the law says you received it on the day they sent it.

The immigration officer can give it to you in person.

The immigration officer can send it by registered post to your home or work address. If they do this, the law says you received it on the day they posted it.

If the immigration officer sends the notice in one of these ways, the law says you agreed to receive it like that. This is true even if you didn’t actually agree.

For companies, if the notice is sent in one of these ways, the law treats it as if it was left at the company’s official address.

These rules apply even if other laws say something different about how notices should be given.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471319.

Topics:
Immigration and citizenship > Border control
Immigration and citizenship > Visas
Government and voting > Government departments
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365: Revocation of infringement notice before payment made, or

“Immigration officer can cancel an infringement notice before you pay”

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365B: How infringement notice may be served: employers, or

“How employers can receive immigration infringement notices”

Part 10 Offences, penalties, and proceedings
Infringement offences

365AHow infringement notice may be served: carriers, and persons in charge, of craft

  1. This section applies to infringement notices, reminder notices, and revocation notices relating to commercial craft infringement offences.

  2. A notice may be served on the carrier, or person in charge, of a craft who the immigration officer believes is committing or has committed an infringement offence by—

  3. sending the notice to the electronic address for service of the recipient, in which case it is deemed to be received by the recipient on the date on which it was sent; or
    1. personal service on the recipient; or
      1. sending it by registered post to the recipient’s last known place of residence or business, in which case it is deemed to be received by the recipient on the date on which it was posted.

        1. Subsection (2) applies despite anything in section 24 of the Summary Proceedings Act 1957, and,—

        2. if service is effected in accordance with subsection (2), the recipient is deemed to have consented to service in that way (despite sections 220 and 224(1)(b) of the Contract and Commercial Law Act 2017); and
          1. in any case, for the purpose of sections 387 and 389 of the Companies Act 1993, the service is deemed to have been service by way of leaving the notice at the recipient’s address for service.

            Notes
            • Section 365A: replaced, on , by section 9 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).