Immigration Amendment Act 2006

1: Title
This Act is the Immigration Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Immigration Act 1987
4: New sections 141AD to 141AG inserted
The following sections are inserted after section 141AC
141AD: Interpretation
In sections 141AE and 141AF authorised officer section 141AE Department fine
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
c: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 fines enforcement action identifying information reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002 serious default
a: the person owes—
i: an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a)
c: the warrant has not been withdrawn or executed.
141AE: Disclosure of immigration information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Department of Labour and the Department to enable—
a: the Department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the Secretary of Labour any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2)
4: If the Department of Labour has immigration information relating to a person who is in serious default, the Secretary of Labour may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Department of Labour:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's nationality:
e: the person's address (if known):
f: the person's occupation (if known):
g: the expiry date of any permit granted to the person (if applicable):
h: the date that the person is expected to return to New Zealand (if applicable).
5: The Secretary of Labour and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
141AF: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1)
3: Nothing in subsection (2)
141AG: Chief executive of Department of Labour may supply information concerning specified fines defaulters to commercial carriers
1: This section applies if information is supplied to the chief executive under section 280F(1) of the Customs and Excise Act 1996
2: The chief executive may supply the information to any person or persons concerned with the movement of persons out of New Zealand.
3: The information given under subsection (2)
a: may be given in any form and by any method that the chief executive thinks appropriate; and
b: may, in whole or in part, be in the form of a code representing the information.
4: In this section,— person concerned with the movement of persons out of New Zealand specified fines defaulter section 280F of the Customs and Excise Act 1996