D7.35 Offences relating to carriers and persons in charge of craft (29/11/2010)

See also Immigration Act s 349

1. Every carrier or person in charge of a commercial craft commits an offence who:
   1. fails without reasonable excuse to comply with any of the carrier's or the person's responsibilities under section 96(2) of the Immigration Act 2009; or
   2. allows a person to travel to New Zealand before a decision has been made by the Chief Executive under section 97(1) of the Immigration Act 2009; or
   3. having been notified under section 97(2) of the Immigration Act 2009 of a decision made by the Chief Executive under section 97(1)(b) or (c) of the Immigration Act 2009, without reasonable excuse fails to ensure that the person to whom the decision relates complies with it; or
   4. fails without reasonable excuse to provide the Chief executive with information under section 102(2)(a) of the Immigration Act 2009; or
   5. fails without reasonable excuse to ensure the chief Executive has access to information under section 102(2)(b) of the Immigration Act 2009.
2. Every carrier, or person in charge, of a craft commits an offence who fails without reasonable excuse to comply with any of the requirements of:
   1. section 101(1)(a) of the Immigration Act 2009; or
   2. section 118(1)(a) of the Immigration Act 2009; or
   3. sections 101(1)(b), (c), and (d), 101(2), and 118(1)(b) and (c) of the Immigration Act 2009.
3. Every person in charge of a craft commits an offence who fails without reasonable excuse to comply with section 101(3) of the Immigration Act 2009.
4. Every carrier of a craft commits an offence who fails to comply with section 118(2) of the Immigration Act 2009.
5. To avoid doubt, proceedings in respect of an offence against subsection (a), (b), or (c) above may be taken:
   1. against the carrier, or the person in charge, of the craft, but not both; and
   2. whether the offence occurred in or outside New Zealand.

Effective 29/11/2010