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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Immigration Act 2009

272: New section 97A inserted (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 who can board a plane or ship to leave New Zealand"

Illustration for Intelligence and Security Act 2017

The chief executive can decide what happens if you want to board a commercial craft to travel from New Zealand. You might have given information under section 96(2) and the chief executive can choose to let you board the craft, not let you board, or let you board only if you follow certain conditions. The chief executive can make these decisions if they think you are trying to travel with a passport or identity certificate that is lost, stolen, or not valid.

If the chief executive makes a decision, they must tell the person in charge of the commercial craft. They can do this in a way that they think is appropriate, such as using a computer system or sending an automated message. The chief executive has to follow certain rules when making these decisions, but some rules, like section 305, do not apply when they are giving notifications.

You can find more information about this in the Immigration Act 2009, which is related to the Intelligence and Security Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921354.

Topics:
Immigration and citizenship > Border controlTransport and travel > Air travelTransport and travel > Boating
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271: Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand), or

"Chief executive decides who can travel to New Zealand by commercial craft"

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273: Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand), or

"Rules for boats and planes arriving in New Zealand have been updated"

Part 8Repeals and amendments
Amendments to Immigration Act 2009

272New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand)

  1. After section 97, insert:

    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).