Immigration Amendment Act 2004

1: Title
1: This Act is the Immigration Amendment Act 2004.
2: In this Act, the Immigration Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Residence permit holders temporarily absent from New Zealand
Section 18 paragraph (b)
4: New
sections 125AA to 125AE The principal Act is amended by inserting, before section 125
125AA: Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
1: This section applies to a carrier, and a person in charge, of a commercial craft if—
a: he or she is notified by the chief executive that—
i: he or she is a person of a kind who must comply with the responsibilities specified in subsection (2)
ii: the craft in relation to which he or she is the carrier or the person in charge is a craft of a kind in relation to which he or she must comply with the responsibilities specified in subsection (2)
b: it is proposed that the craft travel to New Zealand from another country (including in the course of a scheduled international service).
2: A person to whom this section applies must do the following things before the craft in relation to which he or she is the carrier or the person in charge departs from another country to travel to New Zealand:—
a: obtain the following information from every person who intends to board the craft for the purpose of travelling to New Zealand:—
i: name:
ii: date of birth:
iii: nationality:
iv: sex:
v: passport, or certificate of identity, number (if any):
vi: passport, or certificate of identity, expiry date (if any):
vii: the issuer of the certificate of identity, if it is not the person's country of nationality (if any):
viii: the person's status as a traveller (including, but not limited to, whether the person is a member of the crew of the craft, a passenger whose destination is New Zealand, or a passenger whose destination is other than New Zealand):
b: provide the following information to the chief executive by means of an approved system:—
i: the information obtained under paragraph (a)
ii: if the person to whom this section. applies intends to board the craft himself or herself for the purpose of travelling to New Zealand, information about himself or herself of the kind specified in paragraph (a)
iii: information identifying the craft and its intended movements; and
iv: in relation to a person referred to in paragraph (a) section 125AD(5)
3: The chief executive may, in writing, exempt a person to whom this section applies from complying with some or all of his or her responsibilities under this section in all or any specified circumstances.
4: Every carrier, or person in charge, of a commercial craft who fails, without reasonable excuse, to comply with any of his or her responsibilities under this section commits an offence and is liable on conviction,—
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both.
5: In this section and sections 125AB to 125AD approved system
a: providing information to the chief executive under this section; or
b: notifying a person to whom this section applies of a decision of the chief executive under section 125AB(1) commercial craft scheduled international service travelling to New Zealand
125AB: Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand
1: The chief executive may decide that a person in relation to whom information has been received under section 125AA
a: may board a craft for the purpose of travelling to New Zealand; or
b: may not board a craft for the purpose of travelling to New Zealand; or
c: may board a craft for the purpose of travelling to New Zealand only if he or she complies with conditions specified by the chief executive.
2: The chief executive—
a: must notify a person to whom section 125AA subsection (1)
b: may do so in any form 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
c: may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic response to a decision made under subsection (1)
3: The chief executive—
a: may make any decision under subsection (1)
i: holds a visa to travel to New Zealand; or
ii: is exempt from the requirement to apply for and hold a visa to travel in New Zealand; or
iii: is exempt from the requirement to hold a permit to be in New Zealand; but
b: may not make a decision under subsection (1)(b) or (c)
i: a New Zealand citizen who holds a New Zealand passport; or
ii: a person who holds a returning resident's visa in a passport or certificate of identity, or who has a returning resident's visa electronically entered and retained in the records of the Department of Labour under section 35AB
iii: a person who—
A: has been granted a pre-cleared permit that is entered and retained (either electronically or otherwise) in the records of the Department of Labour under section 35E
B: intends to enter New Zealand during the currency of that pre-cleared permit on a flight designated by the Minister as a pre-clearance flight under section 35C
4: To avoid doubt, section 141AA section 125AA subsection (1)
5: To avoid doubt, the chief executive may make a decision under subsection (1)
6: A person in relation to whom a decision is made under subsection (1)
a: appeal the decision to any court, the Tribunal, the Minister, or any other body or person; or
b: bring review proceedings in relation to the decision.
7: Despite subsection (6)(b) subsection (1) subsection (3)(b)
8: The chief executive is not obliged to give reasons for a decision made under subsection (1) subsection (1)
9: Section 23 of the Official Information Act 1982 subsection (1)
125AC: Offences relating to non-compliance with decision made by chief executive under
section 125AB
1: Every carrier, or person in charge, of a commercial craft commits an offence who allows a person to travel to New Zealand before a decision has been made by the chief executive under section 125AB(1)
2: Every carrier, or person in charge, of a commercial craft commits an offence who—
a: is notified under section 125AB(2) section 125AB(1)(b) or (c)
b: without reasonable excuse, fails to ensure that the decision is complied with by the person to whom the decision relates.
3: Every carrier, or person in charge, of a commercial craft who commits an offence against subsection (1) or subsection (2)
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both.
125AD: Person to whom
section 125AA
1: If the circumstances in subsection (2) section 125AA subsection (5) section 125AB(1)
2: The circumstances are that the chief executive has made the request for the information within 24 hours of the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.
3: A person to whom section 125AA subsection (5) section 125AB(1)
4: A person to whom subsection (3)
a: in an approved form and manner; and
b: for 24 hours after the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.
5: The information referred to in subsections (1) and (3) section 125AA section 125AA
a: where the person booked the intended travel:
b: on what date the person booked the intended travel:
c: with whom, if anyone, the person intended to travel:
d: with whom a person has previously travelled:
e: whether or not the person paid for his or her own intended travel, and the manner of payment:
f: the person's travel movements before the intended travel:
g: whether the route of the person's previous travel has changed from the way that he or she originally booked the travel and, if so, in what way:
h: whether the person failed to undertake intended travel on a previous occasion:—
i: whether the person has checked baggage.
6: Information collected or accessed by the chief executive under subsections (1) and (3)
a: the chief executive decided under section 125AB(1)(b)
b: the person has been refused, on arrival, a permit or exemption to be in New Zealand:
c: the information needs to be retained as part of a record of a particular action having been taken in relation to the person to whom it relates (for example, a record that a person was interviewed on arrival):
d: the information gives the chief executive good cause to suspect that a risk to border security exists.
7: In this section, approved form and manner subsection (3)
125AE: Offence relating to failure to provide information, or failure to provide access to information, under
section 125AD
1: Every carrier, or person in charge, of a commercial craft commits an offence who fails, without reasonable excuse, to provide the chief executive with information the chief executive requested under section 125AD(1)
2: Every carrier, or person in charge, of a commercial craft commits an offence who fails, without reasonable excuse, to provide the chief executive with access to information under section 125AD(3)
3: Every carrier, or person in charge, of a commercial craft who commits an offence under subsection (1) or subsection (2)
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both.
5: Responsibilities of carrier and person in charge of any craft
Section 125 en route to New Zealand
6: Police to have powers of immigration officers
Section 139 and 138 , 138, and 138A
7: Evidence in proceedings
Section 143(1) paragraph (k)
l: the person travelled to New Zealand on a certain commercial craft at a certain time; or
m: the person travelled to New Zealand before a decision was made by the chief executive under section 125AB(1)
n: the person travelled to New Zealand contrary to a decision made by the chief executive under section 125AB(1)(b) or (c)
o: the person did not provide information requested by the chief executive under section 125AD(1)
p: the person did not provide the chief executive with access to information under section 125AD(3) .