D7.35 Offences relating to carriers or a person in charge of a craft

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 comply with any of the carrier’s or the person’s obligations under section 102(2), (4), or (5) 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.

D7.35.1 Penalties relating to carriers or a person in charge of a craft

See also Immigration Act ss 349, 356

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

1. A person convicted of an offence against section 349 of the Immigration Act 2009 is liable to penalties.
2. A person convicted of an offence against section 349 except section 349 (2)(b) of the Immigration Act 2009 is liable:
   1. in the case of a carrier of a craft, to imprisonment for a term not exceeding three months, a fine not exceeding $50,000, or both;
   2. in the case of a person in charge, to imprisonment for a term not exceeding three months, a fine not exceeding $25,000, or both.
3. A person convicted of an offence against section 349(2)(b) of the Immigration Act 2009 is liable:
   1. in the case of a carrier of a craft, to imprisonment for a term not exceeding three months or to a fine not exceeding $20,000;
   2. in the case of a carrier of a person in charge of a craft, to imprisonment for a term not exceeding three months or to a fine not exceeding $10,000.

D7.35.5 Infringement offences

See also Immigration Act ss 349, 359

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

An offence under sections 349(1) or 349(2)(a) of the Immigration Act 2009 is an infringement offence.

D7.35.10 Proceedings for infringement offences

See also Immigration Act ss 360, 362

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

If a person who is a carrier, or a person in charge, of any craft is alleged to have committed an infringement offence, that person may be either:

1. proceeded against under the Summary Proceedings Act 1957; or
2. served with an infringement notice under section 362 of the Immigration Act 2009.

D7.35.15 What information may be required by immigration officer

See also Immigration Act s 361

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

When considering whether to issue an infringement notice, an immigration officer may require the person concerned to provide all or any of the following information:

1. the full name, date of birth, full residential address and, if different, full postal address of the person in charge of the craft;
2. the legal name and the full postal address of the carrier of the craft.

D7.35.20 Infringement notices

See also Immigration Act s 362

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

1. If an immigration officer believes on reasonable grounds that a carrier, or a person in charge, of a craft has committed an infringement offence, the immigration officer may issue an infringement notice to the carrier, or the person in charge, of the craft.
2. Every infringement notice must be in the form prescribed in the Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012.

D7.35.25 How infringement notice may be served

See also Immigration Act s 362

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

1. An infringement notice may be served by:
   1. personal delivery to the carrier, or person in charge, of the craft who appears to have committed the infringement offence; or
   2. sending it by post to the last known place of residence, or business of the carrier, or person in charge, of the craft.
2. For the purposes of the Summary Proceedings Act 1957, an infringement notice sent by post is deemed to have been served on the carrier, or the person in charge, of the craft on the date it was posted.
3. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case, the provisions of that section apply with all necessary modifications.

D7.35.30 Reminder notices

See also Immigration Act s 363

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

A reminder notice must be in the form prescribed in the Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012.

D7.35.35 Infringement fees

See also Immigration Act s 364

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

1. Infringement fees prescribed under the Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012 are as the follows:

   Provision of the Immigration Act 2009 (the Act)	Description of offence	Nature of offence	Fee for owner, charterer or agent ($)	Fee for person in charge of the craft ($)
   349(1)(a)	Failing without reasonable excuse to comply with any of the carrier’s or the person’s responsibilities under section 96(2) of the Act.	Failure to comply with the obligation to provide Advance Passenger Processing data.	1,000	500
   349(1)(b)	Allowing a person to travel to New Zealand before a decision has been made by the chief executive under section 97(1) of the Act.	Failure to wait for an Advance Passenger Processing directive.	1,000	500
   349(1)(c)	Having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(b), failing without reasonable excuse to ensure that the person to whom the decision relates complies with it.	Failure to comply with a directive not to allow a passenger to board.	5,000	2,500
   349(1)(c)	Having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(c) (except when the condition is to show evidence of an outward ticket), failing without reasonable excuse to ensure that the person to whom the decision relates complies with it.	Failure to ensure person complies with certain conditions, except where the condition is to show evidence of an outward ticket.	1,000	500
   349(1)(d)	Failing without reasonable excuse to provide the chief executive with information under section 102(2), (4), or (5) of the Act.	Failure to provide Passenger Name Record data for a person.	1,000	500
   349(2)(a)	Failing without reasonable excuse to comply with any of the requirements of section 101(1)(a) of the Act.	Failure to ensure a person has the prescribed travel documentation.	5,000	2,500

2. All infringement fees are payable to the Chief Executive of the Ministry of Business, Innovation and Employment who must pay all infringement fees received into a nominated Crown bank account.

D7.35.40 Revocation of infringement notices

See also Immigration Act s 365

See also Immigration (Carriers’ Infringement Offences, Fees and Forms) Regulations 2012

An immigration officer may, by written notice to the person to whom the notice was issued, revoke an infringement notice at any time before:

1. the infringement fee is paid; or
2. an order for payment of fine is made by a court under section 21 the Summary Proceeding Act 1957.

Effective 28/08/2017