Part 3Importation of risk goods
Arrival of craft
17Notice of craft's intended arrival in New Zealand
This section applies to a craft that is en route to New Zealand territory from a point outside New Zealand territory on a flight or voyage that is intended to include arrival in New Zealand.
The craft must arrive in New Zealand at 1 of the following approved ports if it is possible and practicable to do so:
- a port of entry approved under this Act as a place of first arrival for craft of all kinds and craft arriving for all purposes:
- a port of entry approved under this Act as a place of first arrival suitable for the craft and, if relevant, for the purpose for which it is arriving:
- a port approved under section 37A for the arrival of the craft.
The duties in subsections (6), (7), (9), and (10) must be carried out by the person who is in charge of the craft.
The following persons may carry out the duties on behalf of the person who is in charge of the craft:
- an owner of the craft:
- an operator of the craft:
- an agent of an owner of the craft:
- an agent of an operator of the craft.
The person who is carrying out the duties must give notices under this section in the form and manner—
- approved by the Director-General; and
- available on an Internet site maintained by or on behalf of the Ministry.
Notices under this section must be accompanied by any supporting documents (being documents each of which is genuine, not erroneous, and not misleading) the Director-General may require.
The person must give the Director-General notice of the following matters from a point outside New Zealand territory:
- when and where, approximately, the craft will enter New Zealand territory; and
- in relation to the craft's arrival in New Zealand,—
- the approved port at which it is intended that the craft will arrive; or
- if it is impossible or impracticable to go to an approved port, the destination at which it is intended that the craft will arrive.
- the approved port at which it is intended that the craft will arrive; or
After giving notice under subsection (6), the person must ensure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination.
Subsections (9) and (10) apply when—
- the person has given the notice; and
- the craft has not subsequently arrived in New Zealand; and
- the person learns that it is now impossible or impracticable to go to the port or destination stated in the notice.
The person must give the Director-General notice of the following matters:
- where, approximately, the craft is; and
- when and where, approximately, the craft will enter New Zealand territory; and
- in relation to the craft's arrival in New Zealand,—
- the approved port at which it is now intended that the craft will arrive, if it is possible and practicable to go to an approved port; or
- the destination at which it is now intended that the craft will arrive, if it is impossible or impracticable to go to an approved port.
- the approved port at which it is now intended that the craft will arrive, if it is possible and practicable to go to an approved port; or
After giving notice under subsection (9), the person must ensure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination.
Regulations may—
- require that a notice contain details of a craft's previous voyages, current voyage, and future intended voyages within New Zealand territory:
- require that a notice contain the details about the following that are specified in the regulations:
- the craft's crew:
- the craft's passengers:
- goods on board the craft:
- the craft's crew:
- specify the length of time before a craft's arrival in New Zealand at which the notice must be given:
- require that a notice—
- give different information about the matters depending on the class or description of the craft:
- give the information at different times depending on the class or description of the craft:
- give different information about the matters depending on the class or description of the craft:
- provide for the Director-General to require the giving of the information earlier than the time specified in the regulations if—
- an emergency or an urgent situation has arisen; and
- the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
- the earlier giving of the information is necessary to avoid or mitigate the risk.
- an emergency or an urgent situation has arisen; and
Notes
- Section 17: replaced, on , by section 18 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 17(5) heading: amended, on , by section 5(1) of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
- Section 17(5A): inserted, on , by section 5(2) of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).