D10.1 Offence provisions

The Immigration Act 1987 contains several offence provisions. Those most likely to give rise to prosecution are:

1. Section 39(1) - an employer who allows a person to undertake employment knowing that that person is not entitled to under the Act.
2. Section 40(1) - an 'educator' (person conducting a course of study or training) who allows a person to undertake a course of study or training knowing that that person is not entitled to under the Act.
3. Section 125(6) - a carrier, or person in charge of a craft failing, without reasonable excuse to carry out their responsibilities under the Act.
4. Section 126(4) - any person who:
   1. completes an arrival or departure card in a manner knowing it to be false or misleading in any particular; or
   2. fails to comply with the requirements for persons arriving in or leaving New Zealand.
5. Section 142 - a range of general offences against the Act.
6. Section 136(2) - any person failing to comply with a request from an immigration officer who has good cause to suspect the person has committed an offence under section 142 of the Act.

Effective 01/10/1999