Y3.55 Stowaways
Immigration Act 1987 ss 125, 128, 137
- The person in charge of a craft* must reveal the presence of a stowaway on board the craft* as soon as practicable (see Y2.20 (a)). In most cases the ship's agent will have informed Customs or the NZIS well in advance of the craft's arrival.
- If there are reasonable grounds for believing that there are stowaways or other people intent on avoiding arrival procedures on board a craft*, members of the Police and Customs officers undertaking immigration duties have powers under the Immigration Act 1987 to enter and search that craft* (see Y3.60).
Note: NZIS immigration officers do not have powers to enter or search a craft*, and may only enter or search a craft* if invited to do so or if called upon by the Police or Customs officers to assist with an arrest.
- Action to deal with stowaways may begin as soon as the craft* on which they are travelling crosses into New Zealand's territorial limits. The territorial limit is any point 12 miles seaward from the New Zealand shore or baseline, as defined by the Territorial Sea and Exclusive Economic Zone Act 1977.
- Stowaways must be detained within 72 hours of the craft* berthing, landing or otherwise arriving in New Zealand (see Y4.10). After 72 hours have passed stowaways can only be dealt with by way of removal action.
- If stowaways are apprehended then, depending on the circumstances, they may be either detained on board the craft* or moved to another place of detention until their departure.
Y3.55.1 Detention on board the craft*
In the case of a ship, the preferred option is simply to leave stowaways on board so that they return home on the "round trip". This option can only be taken if:
- the authorised shipping agent and the ship's master agree; and
- a Medical Officer of the Ministry of Health is satisfied that living conditions are acceptable; and
- an immigration officer is satisfied that a stowaway cannot abscond from an onboard place of detention into New Zealand; and
- the ship is departing within 72 hours of arrival.
Y3.55.5 Detention elsewhere
If a stowaway cannot be detained on board the craft* they may be refused entry and dealt with under section 128 of the Immigration Act 1987 (see Y4.10).
