Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Arrivals and departures - Advance passenger processing

97A: Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand

You could also call this:

“Chief executive decides if you can leave New Zealand by commercial craft”

The chief executive can decide if you can board a craft to leave New Zealand. They can say you can board, you can’t board, or you can board only if you follow certain rules.

The chief executive can stop you from boarding or make you follow special rules if they think you’re trying to use a passport or identity document that is lost, stolen, not valid, fake, changed, or doesn’t belong to you.

When the chief executive makes a decision, they must tell the person in charge of the craft. They can do this in any way they think is best, including using a special computer system or sending an automatic message.

The chief executive doesn’t have to follow some other rules when they’re telling the person in charge about their decision.

This is all part of a process called “Advance passenger processing” in the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7454227.

Topics:
Immigration and citizenship > Border control
Immigration and citizenship > Visas
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97: Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand, or

“Chief executive can decide if you can travel to New Zealand by commercial transport”

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98: Grant of entry permission outside New Zealand, or

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Part 4 Arrivals and departures
Advance passenger processing

97AChief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand

  1. The chief executive may decide that a person in relation to whom information has been received under section 96(2) and who intends to board a commercial craft for the purpose of travelling from New Zealand—

  2. may board the craft; or
    1. may not board the craft; or
      1. may board the craft only if he or she complies with conditions specified by the chief executive.

        1. The chief executive may make a decision under subsection (1)(b) or (c) only if the chief executive has reason to believe that the person is attempting to travel on—

        2. a lost, stolen, or invalid passport or certificate of identity; or
          1. a forged, false, fraudulently obtained, or improperly altered passport or certificate of identity; or
            1. a passport or certificate of identity that does not relate to that person.

              1. The chief executive—

              2. must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) of a decision made under subsection (1); and
                1. may do so in any form that he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and
                  1. may do so in any manner that he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.

                    1. Nothing in section 305 applies to the chief executive when he or she is giving a notification under subsection (3).

                    Notes
                    • Section 97A: inserted, on , by section 272 of the Intelligence and Security Act 2017 (2017 No 10).