H5.31 Marine Definitions (13/08/2021)

The following interpretations apply:

1. Foreign ship and New Zealand ship has the same meaning as clause 1(1) of Schedule 5A of the Customs and Excise Act 2018
2. Fishing ship has the same meaning as section 2(1) of the Maritime Transport Act 1994
3. Foreign state ship have the same meaning as section 4 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
4. Maritime border order is the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 made under the COVID-19 Public Health Response Act 2020

H5.31.1 Marine crew

Marine crew is any person who:

1. is travelling to New Zealand and arriving by the maritime border; and
2. is on a ship (either a foreign ship or New Zealand ship) which is permitted to arrive in New Zealand; and either
3. is required for the operation of the ship to travel to New Zealand (see H5.31.15); or
4. is a specialist marine worker (see H5.31.25).

H5.31.5 Foreign ships permitted to arrive in New Zealand

A foreign ship is permitted to arrive in New Zealand if the ship:

1. is a foreign state ship granted diplomatic clearance by the Ministry of Foreign Affairs and Trade (such as a visiting naval ship); or
2. is a cargo ship that is a commercial craft and carrying primarily cargo and arriving in New Zealand for the purpose of loading or unloading cargo; or
3. has an emergency and is in distress or it is necessary for the ship to arrive in New Zealand to preserve human life; or
4. is a fishing ship that is:
   1. unloading its catch; or
   2. Reprovisioning or refuelling, or both; or
   3. embarking or disembarking its crew; or
5. is a ship that has granted permission by the Director-General of Health to arrive in New Zealand under the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 and:
   1. needs to reprovision or refuel, or both; or
   2. is being delivered to a business, including for the purpose of repair, fit or refurbishment; or
   3. needs to travel to New Zealand for humanitarian reasons or other compelling needs.

H5.31.10 New Zealand ships permitted to arrive in New Zealand (for the purposes of immigration instructions)

A New Zealand ship is permitted to arrive in New Zealand if the ship:

1. is a cargo ship that is a commercial craft and carrying primarily cargo and arriving in New Zealand for the purpose of loading or unloading cargo; or
2. has an emergency and is in distress or it is necessary for the ship to arrive in New Zealand to preserve human life or other humanitarian reasons; or
3. is a fishing ship that is:
   1. unloading its catch; or
   2. reprovisioning or refuelling, or both; or
   3. embarking or disembarking its crew.
4. is a ship that meets the following criteria:
   1. the ship needs to provision or refuel, or both; or the ship is being delivered to a business for non-minor repair or a refit or refurbishment. When assessing a repair, refit or refurbishment an immigration officer must take into account the following relevant factors:
      • the size of the ship; and
      • the time required to complete the work; and
      • the total value of the work.
   2. The delivery of a ship to a business, not for repair, refit or refurbishment, which requires the ship for the running of the business.

   Example: Delivering a brand new whale watching boat to a whale watching business or to deliver a replacement interisland ferry after a ferry broke down.

5. For the avoidance of doubt, ships permitted to arrive in New Zealand does not include ships seeking to winter over or travel primarily for pleasure.

H5.31.15 Required for the operation of the ship

Marine crew are considered to be required for the operation of the ship if they are working on the ship as crew and are essential for the operation of the ship to travel to New Zealand. This specifically excludes anyone on a ship travelling as a passenger.

Example: a charter yacht normally operates private week long charters in the Pacific islands. The charter normally caters for 10 guests and requires 20 crew members to operate the charter. When no guests are on board and no charters are running, the yacht only requires 6 crew members to operate. For a ship to meet the ‘compelling need to travel to New Zealand’ requirement then only the 6 crew members required to safely operate the ship for it to travel to New Zealand will be allowed.

H5.31.20 People deemed to hold a visa and entry permission

Subject to Y3.35, any marine crew on a ship traveling to New Zealand which is a ship described under schedule 3 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 are deemed to hold a visa and entry permission and are not subject to these instructions. These ships may include some cargo ships, Antarctic ships travelling from the Ross Dependency, and military craft.

H5.31.25 Specialist marine worker

1. A specialist marine worker is any person who:
   1. is travelling to New Zealand on a vessel that has been granted permission by the Ministry of Health to arrive in New Zealand for the purpose of delivering the ship to a business under the Maritime Border Order; and
   2. has unique experience and technical or specialist skills that are not readily obtainable in New Zealand and those experience and skills are related to the same purpose for which the vessel has been approved to travel to New Zealand, as outlined in (i).
2. An immigration officer who is a National Manager in the Border and Visa Operations Branch will determine who is a "specialist marine worker".

Effective 13/08/2021