Immigration New Zealand Operational Manual. Border Entry. Issue Date: 2 March 2009

Transcription

1 Immgraton New Zealand Operatonal Manual Border Entry Issue Date: 2 March 2009

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3 INZ Operatonal Manual Border Entry Contents Y1 Objectve 1-1 Y2 Arrvals and departures 2-1 Y3 People refused entry 3-1 Y4 Detenton provsons 4-1 Y5 Permts granted n error 5-1 Y6 Transt passengers 6-1 Y7 Refugee status clamants 7-1 Note: Border polcy contaned n ths secton of the Operatonal Manual s INZ operatonal polcy and does not consttute Government mmgraton polcy as descrbed n secton 13A(1) of the Immgraton Act 1987.

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5 INZ Operatonal Manual Border Entry Y1 OBJECTIVE The objectve of Border Polcy s: a. to facltate the entry of travellers to New Zealand who meet entry requrements; and b. to dentfy and manage the rsks to New Zealand arsng from those travellers who do not meet entry requrements. Effectve 01/10/

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7 INZ Operatonal Manual Border Entry Y2 ARRIVALS AND DEPARTURES Both passengers and carrers arrvng n and departng from New Zealand have responsbltes under the Immgraton Act 1987 and the Immgraton Regulatons Effectve 01/10/1999 IN THIS SECTION Y2.1 Passenger responsbltes on arrval Y2.5 Passenger responsbltes on departure Y2.10 Who s exempt from passport requrement Y2.15 Who s exempt from need for arrval and departure cards Y2.20 Carrer responsbltes pror to departure Y2.25 Carrer responsbltes on arrval Y2.30 Carrer responsbltes on departure Y2.35 When carrer s exempt from ts responsblty under Y2.40 Memorandum of understandng wth arlne carrers Y2.45 Persons returnng to New Zealand through emergency Y2.50 Advance Passenger Processng Y2.1 Passenger responsbltes on arrval See prevous polcy Y2.1 Effectve 01/10/1999 Immgraton Act 1987 s 126 Immgraton Regulatons 1999 regs 9, 12, 41 a. Passengers, ncludng New Zealand ctzens and resdents, are responsble on arrval for: v (unless they hold a pre-cleared permt) presentng themselves to an mmgraton offcer wth a completed arrval card (and thereby makng an applcaton for a permt); and producng ther passport or certfcate of dentty to an mmgraton offcer; and producng, f requred by an mmgraton offcer, all or any of the followng: ther vsa; travel tckets or evdence of onward travel arrangements; evdence of funds for mantenance or of sponsorshp; and (f they are responsble for the care of a person who cannot comply wth Y2.1(a)() and () because of age or dsablty) complyng on behalf of that person. b. A person who arrves n New Zealand other than at a Customs place (see Y2.1.1 below) must report to an mmgraton offcer at a Customs place forthwth after arrvng and then comply wth the responsbltes n Y2.1(a)() and () above. Example: an ocean-gong yacht whch calls nto the nearest New Zealand port for repars or mantenance. c. A passenger who fals to comply wth the responsbltes set out above or completes an arrval card n a manner that they know s false or msleadng n any way commts an offence and may be prosecuted. 2-1

8 Border Entry INZ Operatonal Manual d. Any person who does not report, or n respect of whom t s suspected that they wll not report, to an Immgraton offcer at a port of entry may be arrested by a member of the New Zealand Polce and brought before an mmgraton offcer. Y2.1.1 Defnton of 'Customs place' Customs and Excse Act 1996 ss 2, 9 a. 'Customs place' means a Customs port or Customs arport. b. 'Customs port' means a port of entry desgnated by the Chef Executve, New Zealand Customs Servce, as a Customs port. c. 'Customs arport' means an arport desgnated by the Chef Executve, New Zealand Customs Servce, as a Customs arport. Y2.5 Passenger responsbltes on departure Immgraton Act 1987 s 126 a. Passengers are responsble on departure for: Effectve 07/10/2002 presentng themselves to an mmgraton offcer wth a completed departure card; and producng ther passport or certfcate of dentty to an mmgraton offcer; and (f they are responsble for the care of a person who cannot comply wth Y2.5(a)() and () above because of age or dsablty) complyng on behalf of that person. b. A passenger who fals to comply wth the responsbltes set out above or completes a departure card n a manner that they know s false or msleadng n any way commts an offence and may be prosecuted. Y2.10 Who s exempt from passport requrement Immgraton Regulatons 1999 reg 27(1) Effectve 01/10/1999 A member of the armed forces of any country, or a crew member of any craft used to transport members of the armed forces of any country to New Zealand, s exempt from havng to produce a passport or certfcate of dentty under secton 126(1)(b) or 126(2)(b) of the Immgraton Act 1987 f: a. members of that armed force are n New Zealand at the request or wth the consent of the New Zealand Government; and b. that person's presence n New Zealand s n the ordnary course of ther duty or employment. Y2.15 Who s exempt from need for arrval and departure cards Immgraton Regulatons 1999 reg 28 Effectve 01/10/1999 A person s exempt from havng to present an arrval card under secton 126(1)(a) and a departure card under secton 126(2)(a) f they are: a. a member of the armed forces of any country, or a crew member of any craft used to transport members of the armed forces of any country to New Zealand, who: 2-2

9 INZ Operatonal Manual Border Entry s temporarly exempt from havng to hold a permt under secton 11(1)(b) of the Immgraton Act 1987; and arrves n New Zealand on a craft that s set asde for or beng used by the armed forces of any country; or b. a passenger or crew member of any seagong vessel who s temporarly exempt from havng to hold a permt under secton 11(1)(c) of the Immgraton Act 1987; or c. a crew member of any commercal arcraft who s temporarly exempt from havng to hold a permt under secton 11(1)(e) of the Immgraton Act Y2.20 Carrer responsbltes pror to departure Immgraton Act 1987 ss 125AA Effectve 01/10/1999 a. Pror to ther departure from another country to travel to New Zealand, carrers are responsble for obtanng passenger nformaton from every person who ntends to board the craft for the purpose of travellng to New Zealand and to provde that nformaton and nformaton dentfyng the craft and ts ntended movements to the chef executve of the Department of Labour (refer to Y2.55). Ths nformaton s then used as part of the Advance Passenger Processng (APP) system to determne whether or not the ndvdual may board the relevant craft. Carrers may only permt ndvduals to board the craft n accordance wth a subsequent drecton of the chef executve. b. Carrers retan responsblty for ensurng all persons on board the craft have the approprate mmgraton documentaton ncludng: v a vald passport or certfcate of dentty; and a vsa (f requred); and evdence of onward travel arrangements; and evdence of suffcent funds (f requred); and v any other documentaton requred by the Immgraton Regulatons Y2.25 Carrer responsbltes on arrval Immgraton Act 1987 ss 125, 126(1) Immgraton Regulatons 1999 reg 12 See prevous polcy Y2.20 Effectve 01/10/1999 Effectve 04/04/2005 a. Carrers are responsble on arrval for: ensurng all persons on board the craft have the approprate mmgraton documentaton ncludng: a vald passport or certfcate of dentty; and a vsa (f requred); and evdence of onward travel arrangements; and evdence of suffcent funds (f requred); and any other documentaton requred by the Immgraton Regulatons 1999; and preventng, by reasonable force f necessary, any person landng n New Zealand other than: at a Customs place; or for the purpose of complyng wth the responsbltes n Y2.1(a) (on page 2-1); and 2-3

10 Border Entry INZ Operatonal Manual v v provdng, on demand by any mmgraton offcer, any detals about any persons on board the craft snce ts last port of call; and ensurng, f the craft s unable to land at a Customs place, that all persons on board report to an mmgraton offcer at a Customs place wthn 72 hours of arrvng n New Zealand; and reportng, to an mmgraton offcer as soon as practcable, the exstence of any stowaway on board. b. A carrer who fals to meet the responsbltes set out above commts an offence and may be prosecuted. Y2.30 Carrer responsbltes on departure Immgraton Act 1987 s 125 See prevous polcy Y2.25 Effectve 01/10/1999 Effectve 04/04/2005 a. Carrers (see Y below) are responsble on departure for: v v reportng to an mmgraton offcer mmedately before the craft (see Y below)leaves, detals of any person who: was on board when the craft arrved n New Zealand; and (beng a crew member of, or passenger on, a seagong shp or foregn fshng craft; or a crew member of a commercal arcraft) was exempt from havng to hold a permt to be n New Zealand; and s not on board the departng craft; and allowng on board the craft for carrage from New Zealand any person subject to a removal or deportaton order, as long as the fare s pad and the safety of the craft or other persons on board s not endangered; and f the Polce delver such a person to the craft, takng all reasonable steps (ncludng the use of reasonable force) necessary to detan that person on board the craft untl t has left New Zealand; and provdng, at the carrer's cost, carrage from New Zealand of any person who: was on board the craft, or any other craft operated by the carrer, when t arrved n New Zealand but dd not hold a vsa and was not exempt from havng to hold a permt and was not granted a permt (see Y3 (on page 3-1)); or arrved as crew of the craft, or any other craft operated by the carrer and remaned unlawfully n New Zealand after that craft left; and meetng the costs (f any) ncurred by the Crown n detanng and mantanng any person descrbed n Y2.25(a)(v) above untl the person has left New Zealand on the frst avalable craft. b. A carrer who fals to meet the responsbltes set out above commts an offence and may be prosecuted. Y Defnton of 'craft' Immgraton Act 1987 s 2 'Craft' means any form of arcraft, shp, or other vehcle or vessel capable of beng used to transport any person to or from New Zealand from or to any country outsde New Zealand. 2-4

11 INZ Operatonal Manual Border Entry Y Defnton of 'carrer' Immgraton Act 1987 s 2 'Carrer' n relaton to a craft, means the owner or charterer of the craft; and f the owner or charterer s not n New Zealand, ncludes the owner's or charterer's agent n New Zealand or, f there s no such agent n New Zealand, the person n charge. Y2.35 When carrer s exempt from ts responsblty under... Effectve 04/04/2005 Y2.35 When carrer s exempt from ts responsblty under secton 12(2)(a) of the Immgraton Act 1987 Immgraton Regulatons 1999 reg 27(2) See prevous polcy Y2.30 Effectve 01/10/1999 The carrer and the person n charge of any craft carryng a person who s exempt from havng to produce a passport or certfcate of dentty under regulaton 27(1) are exempt from havng to ensure under secton 125(2)(a) of the Immgraton Act 1987 that such a person holds a passport or certfcate of dentty. Y2.40 Memorandum of understandng wth arlne carrers Effectve 04/04/2005 See Y2.35 Effectve 01/10/1999 a. A Memorandum of Understandng (MOU) exsts between INZ and certan arlnes. The MOU: records an agreed approach to border responsbltes between the partes; and clearly assgns responsbltes n developng and mplementng best practces to mnmse the number of breaches of the Immgraton Act 1987; and focuses on the level of arlne nfrngements and ther assocated causes. b. If t s necessary to formally revew the passenger check-n and processng procedures at a partcular arport the consent of the arlne concerned must be obtaned. c. Despte the exstence of the MOU, INZ reserves the rght to prosecute carrers when approprate. Y2.45 Persons returnng to New Zealand through emergency Effectve 04/04/2005 See prevous polcy Y2.40 Effectve 04/04/2005 Immgraton Act 1987 s 127 a. If the holder of a temporary permt leaves New Zealand for another country and before arrvng n any other country s forced to return to New Zealand through emergency, the person must, f ther permt has expred or s due to expre at any tme between ther leavng New Zealand and 14 days after ther returnng to New Zealand, upon applcaton, be granted a further temporary permt current for at least 14 days after ther return. b. If a person who s exempt from havng to hold a permt leaves New Zealand for another country and before arrvng n any other country s forced to return to New Zealand 2-5

12 Border Entry INZ Operatonal Manual through emergency, the person must, f ther exempton has expred or s due to expre at any tme between ther leavng New Zealand and 14 days after ther returnng to New Zealand, be deemed to be exempt from havng to hold a permt for 14 days after ther return. Y2.50 Advance Passenger Processng Immgraton Act 1987 ss 125AA to 125AE Effectve 04/04/2005 a. The Department of Labour requres arlnes to ntate passenger checks and pre-processng of passengers pror to embarkaton for travel to and through New Zealand by means of the Advance Passenger Processng (APP) system. b. APP asssts n the facltaton of effcent and effectve processng of all passengers on entry to, and through, New Zealand Y Provson of nformaton for the purpose of Advance Passenger Processng a. A carrer, and a person n charge of a commercal craft that proposes to travel to New Zealand, who s notfed by the chef executve of the Department of Labour that they must comply wth responsbltes under secton 125AA of the Immgraton Act 1987 must, pror to ther departure from another country to travel to New Zealand, obtan nformaton from every person who ntends to board the craft for the purpose of travellng to New Zealand. b. Ths nformaton ncludes: the person's name, date of brth, natonalty, sex, passport or certfcate of dentfy number (f any) and passport or certfcate of dentty expry date (f any); and the ssuer of the person's passport or certfcate of dentty, f t s not the person's country of natonalty (f any); and the person's status as a traveller (ncludng but not lmted to, whether the person s a member of the crew of the craft, a passenger whose destnaton s New Zealand, or a passenger whose destnaton s other than New Zealand). c. Pror to ther departure from another country to travel to New Zealand, carrers and a person n charge of a commercal craft, may also be requred to provde to the chef executve of the Department of Labour, by means of an approved system (see Y below): nformaton dentfyng the craft and ts ntended movements, and the electronc locaton of specfed nformaton n respect of those persons travellng to New Zealand on that craft that arlnes hold n ther electronc systems. d. A carrer or person n charge of a commercal craft who fals to meet the responsbltes set out above commts an offence and may be prosecuted. e. The chef executve of the Department of Labour may exempt a carrer or a person n charge of a commercal craft from complyng (n whole or n part) wth the requrements set out n (b) and (c) above. 2-6

13 INZ Operatonal Manual Border Entry Y Decsons about people boardng craft from the purpose of comng to New Zealand a. The chef executve of the Department of Labour may decde (ncludng by automatc means) that a person about whom passenger nformaton has been receved: may or may not board a craft for the purpose of travellng to New Zealand; may board a craft for the purpose travellng to New Zealand f he or she comples wth specfed condtons. b. Where such a decson s made the chef executve must notfy the relevant carrer or person n charge of the commercal craft of that decson. c. Notfcaton may be n any form or manner that the chef executve thnks s approprate, ncludng by means of an approved system. d. The chef executve may make decsons about whether a person may or may not board or may only board subject to specfed condtons, whether or not the person holds a vsa to travel to New Zealand, or s exempt from the requrement to apply for and hold a vsa to travel to New Zealand or s exempt from the requrement to hold a permt to be n New Zealand. e. The chef executve may not make decsons about whether a person may or may not board or may only board subject to specfed condtons f that person s: a New Zealand ctzen who holds a New Zealand passport; or the holder of a returnng resdent s vsa who ntends to travel to New Zealand durng the currency of that vsa; or a person who has been granted a pre-cleared permt entered or retaned n the records of the Department of Labour under s 35E of the Immgraton Act 1987 who ntends to enter New Zealand durng the currency of that pre-cleared permt on a flght desgnated by the Mnster of Immgraton as a pre-clearance flght under s35c of the Immgraton Act f. The chef executve s not oblged to gve reasons for decsons about whether a person may or may not board or may only board subject to specfed condtons, other than that the decson s made n terms of secton 125AB(1) of the Immgraton Act 1987 and secton 23 of the Offcal Informaton Act does not apply n respect of such decsons. g. A person about whom a decson s made n terms of (a) above may not appeal the decson and may not brng revew proceedngs n relaton to the decson except on the grounds that the decson should not have been made because they are: a New Zealand ctzen who holds a New Zealand passport; or the holder of a returnng resdent s vsa who ntends to travel to New Zealand durng the currency of that vsa; or a person who has been granted a pre-cleared permt entered or retaned n the records of the Department of Labour under s 35E of the Immgraton Act 1987 who ntends to enter New Zealand durng the currency of that pre-cleared permt on a flght desgnated by the Mnster of Immgraton as a pre-clearance flght under s35c of the Immgraton Act h. Every carrer or person n charge of a commercal craft commts an offence f: they allow a person to travel to New Zealand before a decson s made by the chef executve n terms of (a) above; or 2-7

14 Border Entry INZ Operatonal Manual they fal, wthout reasonable excuse, to ensure that such a decson s compled wth. Y Requrement to provde further nformaton a. If the chef executve has requested further nformaton wthn 24 hours of the arrval n New Zealand of the craft on whch the person to whom the requested nformaton relates ntended to or dd travel to New Zealand, the relevant carrer or person n charge of the craft must provde the chef executve wth nformaton that they hold, or have access to, about: where and on what date the person booked the ntended travel; and wth whom, f anyone, the person ntended to travel; and wth whom the person has prevously travelled; and v whether or not the person pad for ther own ntended travel, and the manner of payment; and v the person s travel movements before the ntended travel; and v whether the route of the person s prevous travel has changed from the way that he or she orgnally booked the travel, and f so, n what way; and v whether the person faled to undertake travel on a prevous occason; and v whether the person has unchecked baggage. b. The nformaton specfed n (a)()-(v) above must be provded whether or not the person whom the nformaton s about actually boarded the craft. c. The chef executve may also have an ablty to access the nformaton specfed n (a) ()- (v) above drectly from the arlne s database n an approved form and manner for a perod of 24 hours after the arrval n New Zealand of the craft on whch the person whom the nformaton s about ntended to, or dd, travel to New Zealand. d. Informaton specfed n (a) ()-(v) above may only be retaned by the chef executve f: v the chef executve decded that the person to whom t relates may not board a craft for the purpose of travellng to New Zealand; or that person has been refused, on arrval, a permt or exempton to be n New Zealand; or the nformaton needs to be retaned as part of a record of a partcular acton havng been taken n relaton to the person to whom t relates (e.g. a record that a person was ntervewed on arrval; or the nformaton gves the chef executve good cause to suspect that a rsk to border securty exsts. e. A carrer or person n charge of a commercal craft who fals, wthout reasonable excuse, to provde the nformaton specfed n (a) above, or access to such nformaton, commts an offence and may be prosecuted. Y Defnton of approved system An approved system means a system, ncludng an electronc system, approved by the chef executve of the Department of Labour for the purpose of: a. provdng the nformaton set out n Y (a) and (b) above; or 2-8

15 INZ Operatonal Manual Border Entry b. notfyng a carrer or person n charge of a commercal craft of a decson of the chef executve about a person boardng a craft for the purpose of travellng to New Zealand. Y Delegaton of Chef Executve s powers n relaton to the operaton of Advance Passenger Processng a. The Chef Executve of the Department of Labour has delegated to people occupyng the postons set out n (b) below the followng powers relatng to the operaton of Advance Passenger Processng: v v v the power, n accordance wth s125ab(1) of the Immgraton Act 1987, to make a decson about whether or not a person may or may not board a craft for the purposes of travellng to New Zealand, ncludng specfyng condtons whch must be compled wth before a person boards a craft for travel to New Zealand; and the power, n accordance wth s125ab(2) of the Immgraton Act 1987, to determne the means by whch any decson made under s125ab(1) of that Act s to be notfed to a carrer or person n charge of a commercal craft to whom s125aa apples; the power, n accordance wth s125ab(5) of the Immgraton Act 1987, to predetermne the crtera by whch an automated electronc system analyses nformaton (f any) about a person that s held by the Department of Labour and to whch the Department of Labour has access - the automatc electronc analyss of whch may result n a decson n accordance wth s125ab(1) of that Act; the power, n accordance wth s125ad(2) of the Immgraton Act 1987 to request nformaton about a person who ntended to board a craft for the purpose of travellng to New Zealand, whether or not he or she dd n fact board the craft; the power, n accordance wth s125ad(3) of the Immgraton Act 1987, to have access to nformaton of the knd specfed n s125ad(5) of that Act about a person who ntended to board a craft for the purpose of travellng to New Zealand, whether or not he or she dd n fact board the craft, and to approve the manner and form of that access n accordance wth ss125ad(4) and (7) of that Act; and the power, n accordance wth s125ad(6)(d) of the Immgraton Act 1987, to determne whether, n respect of nformaton dsclosed or accessed n accordance wth ss125ad(1) and (3) of that Act, there s good cause to suspect that a rsk to border securty exsts. b. Deputy Secretary - Workforce Chef Operatng Offcer, Workforce Operatons Manager, Workforce Market Manager Border and Investgatons, Workforce Servce Manager Border and Investgatons, Workforce Servce Leader Border and Investgatons, Workforce Immgraton Offcer undertakng dutes at Auckland Arport Effectve 04/04/

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17 INZ Operatonal Manual Border Entry Y3 PEOPLE REFUSED ENTRY IN THIS SECTION Y3.1 Categores of people who wll normally be refused entry Y3.5 People convcted of crmnal offences, subject to a removal order or deported from any country Y3.10 People who have commtted, Y3.15 People lkely to commt an offence aganst the Crmes Act 1961 or the Msuse of Drugs Act Y3.20 People who are members of Y3.25 Persons to whom secton 7(1) apples but who are not refused entry Y3.30 People unable to meet the requrements for a permt Y3.35 People wth false documents or doubtful bona fdes Y3.40 People who hold transt vsas Y3.45 People nelgble because of UN sanctons Y3.50 People wth expred returnng resdent's vsa or Y3.55 Stowaways Y3.60 Powers of entry and search by members of Y3.65 Effect of nternatonal Conventons on refusng entry Y3.70 Departure on frst avalable craft of persons refused entry Y3.1 Categores of people who wll normally be refused entry Immgraton Act 1987 ss 7(1), 7(3)(), 14E(5), 126(4), 128B People wll normally be refused entry to New Zealand f they: a. fall wthn the categores of people outlned n secton 7(1) of the Immgraton Act 1987, ncludng: people who have been convcted and sentenced to mprsonment for 5 years or more at any tme, or have been convcted and sentenced to mprsonment for 12 months or more n the past 10 years; and people aganst whom a removal order s n force; and people who have been deported from any country, ncludng New Zealand; and v people who are lkely to commt an offence aganst the Crmes Act 1961 or the Msuse of Drugs Act 1975; and v people lkely to facltate, or engage n, an act of terrorsm; and v people who may have engaged n, or have clamed responsblty for, an act of terrorsm nsde or outsde New Zealand; and v people who are members of, or adhere to, a group engaged n, or that has clamed responsblty for, an act of terrorsm nsde or outsde New Zealand; and v people who are a threat to securty or publc order n New Zealand; and x people who are members of, or adhere to, any organsaton whch has crmnal objectves or s engaged n crmnal actvtes, and whose presence n New Zealand would consttute a threat to the publc nterest or publc order; or 3-1

18 Border Entry INZ Operatonal Manual b. have made a false declaraton n ther arrval card or faled to comply wth passenger responsbltes on arrval, ncludng havng faled to produce: an arrval card; or a passport or certfcate of dentty; or other mmgraton documentaton requred by an mmgraton offcer; or c. are unable to meet the requrements for entry or for a permt under the relevant polcy; or d. hold false documentaton; or e. hold a transt vsa; or f. are stowaways; or g. are members of groups on whom UN sanctons have been mposed (see Y3.45 (on page 3-6)). Y3.1.1 Refugee status clamants If a person who would normally be refused entry ndcates that they wsh to clam refugee status they must not be removed from New Zealand except as permtted under Part VIA of the Immgraton Act 1987 (see Y7 (on page 7-1)). Effectve 01/10/1999 Y3.5 People convcted of crmnal offences, subject to a removal order or deported from any country Immgraton Act 1987 s 7(1)(a) to (d) A person s not elgble for an exempton or permt and, unless a specal drecton s gven, wll normally be refused entry nto New Zealand f they: a. have been convcted and sentenced to mprsonment for 5 years or more at any tme; or b. have been convcted and sentenced to mprsonment for 12 months or more wthn the past 10 years; or c. are subject to a current removal order; or d. have been deported from any country, ncludng New Zealand. Y3.10 People who have commtted,... Effectve 01/10/1999 Y3.10 People who have commtted, clamed responsblty for, or are lkely to commt, acts of terrorsm, or who may consttute a danger to securty or publc order n New Zealand Immgraton Act 1987 s 7(1)(e), (f), g(), (h) A person s not elgble for an exempton or permt and wll normally be refused entry nto New Zealand f the Mnster has reason to beleve that the person: a. has engaged n, or clamed responsblty for, an act of terrorsm n New Zealand; or 3-2

19 INZ Operatonal Manual Border Entry b. s a member of, or adheres to, any organsaton or group of people that has engaged n, or has clamed responsblty for, an act of terrorsm n New Zealand; or c. has engaged n, or clamed responsblty for, an act of terrorsm outsde New Zealand and whose presence n New Zealand would consttute, n the opnon of the Mnster, a threat to publc safety; or d. s a member of, or adheres to, any organsaton or group of people that has engaged n, or has clamed responsblty for, an act of terrorsm outsde New Zealand, and whose presence n New Zealand would consttute, n the opnon of the Mnster, a threat to publc safety; or e. s lkely to engage n, or facltate, any act of terrorsm; or f. s lkely to consttute a danger to the securty or publc order of New Zealand. Effectve 01/10/1999 Y3.15 People lkely to commt an offence aganst the Crmes Act 1961 or the Msuse of Drugs Act 1975 Immgraton Act 1987 s 7(1)(g)() a. A passenger found n possesson of llegal drugs on arrval may have commtted an offence, or may be consdered lkely to commt an offence, under the Crmes Act 1961 or the Msuse of Drugs Act Such persons wll not normally be granted a permt and wll normally be refused entry nto New Zealand. b. A person apprehended at the border n possesson of llegal drugs may be: charged by the Polce for carryng or mportng drugs; or formally warned by the Polce; or referred by a Customs offcer drectly to an mmgraton offcer. c. If such a person has been charged and detaned by the Polce untl a court appearance, an offcer wth the approprate delegaton may grant a lmted purpose permt under secton 353(1) for the express purpose of allowng the person to face the charge(s) lad and to serve any sentence mposed on the charge(s). The court acton should be montored wth a vew to havng the person removed from New Zealand as soon as possble. d. If the person s only gven a formal warnng by the Polce, or the person s referred to an mmgraton offcer by a Customs offcer, the person should be ntervewed to determne whether secton 7(1)(g)() of the Immgraton Act 1987 apples to them. Y3.20 People who are members of... Effectve 01/10/1999 Y3.20 People who are members of a group whch has crmnal objectves or has engaged n crmnal actvtes and who may consttute a threat to publc nterest or publc order Immgraton Act 1987 s 7(1)() A person s not elgble for an exempton or permt and wll normally be refused entry nto New Zealand f: 3-3

20 Border Entry INZ Operatonal Manual a. the Mnster has reason to beleve that they are members of, or adhere to, any organsaton or group of people whch has crmnal objectves or whch has engaged n crmnal actvtes; and b. ther presence n New Zealand would, for that reason or any other reason, consttute, n the opnon of the Mnster, a threat to the publc nterest or publc order. Effectve 01/10/1999 Y3.25 Persons to whom secton 7(1) apples but who are not refused entry Immgraton Act 1987 ss 7(3)(a)() and (), 27A a. If, after ntervewng a person suspected of beng subject to secton 7(1) of the Immgraton Act 1987, an mmgraton offcer determnes that secton 7(1) does apply but there are compellng reasons to grant a permt, an excepton may be made and an approprately delegated offcer may grant a permt by specal drecton under secton 7(3)(a)(). If a specal drecton s gven, the permt granted should be of a type and duraton approprate to the reasons for the specal drecton. b. An excepton may also be made and a permt granted to enable a person: to gve or provde evdence n New Zealand; or to be transported through New Zealand; or to return to New Zealand to face any charge or serve a sentence. Effectve 01/10/1999 Y3.30 People unable to meet the requrements for a permt Immgraton Act 1987 ss 126(1) Immgraton Regulatons 1999 regs 9, 12, 28 a. All passengers on craft arrvng n New Zealand are requred to complete an arrval card and present t, together wth a current passport or certfcate of dentty and, f approprate, the passenger's temporary vsa, at a port of entry. Presentng the completed arrval card consttutes makng an applcaton for a permt n the prescrbed manner. b. Before determnng whether a permt should be granted, an mmgraton offcer from Customs may requre travel tckets or evdence of onward travel arrangements and evdence of funds for mantenance or of sponsorshp to be produced. c. People who do not meet the requrements for a permt wll be referred to an INZ mmgraton offcer who may refuse entry. Such people nclude, but are not lmted to: people wth expred travel documents or no travel documents; and people wth no vsa, an napproprate vsa or an expred vsa; and people wth nsuffcent funds and no sponsorshp; and v people wth no outward tcket; and v people prevously refused entry to New Zealand; and v people who do not meet the bona fde applcant polcy; and v people who fal to apply for a permt. 3-4

21 INZ Operatonal Manual Border Entry Y People arrvng wthout current passports or other acceptable travel documents Immgraton Act 1987 s 126(1) Immgraton Regulatons 1999 regs 9, 12 A person who arrves wthout a current passport or other acceptable travel document may be gven a specal drecton under regulaton 9 or 12 wavng the requrement to produce a passport on arrval f, after ntervewng the person, an mmgraton offcer s satsfed that: a. there are compellng reasons why the person s travellng wthout a current passport or other acceptable travel document; and b. they have a genune reason for vstng New Zealand; and c. there s no other mpedment to the grant of a permt. Note: passport wavers are most frequently granted to New Zealanders who have no passport or whose passports are no longer current and who need to return home n emergences. Y People arrvng wthout the requred vsa Immgraton Act 1987 s 14D(1) Immgraton Regulatons 1999 regs 9, 12 A person who arrves wthout the requred vsa may be gven a specal drecton under regulaton 9 or 12 wavng the requrement for a vsa and a permt may be granted f, after ntervewng the person, an mmgraton offcer s satsfed that: a. there are compellng reasons why the person s travellng wthout frst havng obtaned a vsa; and b. they have a genune reason for vstng New Zealand; and c. there s no other mpedment to the grant of a permt. Y People who do not meet entry requrements Immgraton Act 1987 s 126(1) Immgraton Regulatons 1999 regs 9, 12 a. A person who arrves wthout the necessary documents to meet entry requrements, such as an outward tcket or suffcent funds for mantenance whle n New Zealand, may be gven a specal drecton under regulaton 9 or 12 wavng the entry requrements and a permt may be granted f, after ntervewng the person, an mmgraton offcer s satsfed that: there are compellng reasons why the person does not meet the entry requrements; and they have a genune reason for vstng New Zealand; and there s no other mpedment to the grant of a permt. b. The offcer should also consder enablng the person to meet entry requrements through purchasng tckets or arrangng sponsorshp. 3-5

22 Border Entry INZ Operatonal Manual Y People who do not meet the bona fde applcant polcy a. If an mmgraton offcer s not satsfed that a person who apples for a permt by tenderng an arrval card s a bona fde applcant, then they may refuse a permt and have the person placed on the frst avalable craft (see Y3.70 (on page 3-10)). b. If an offcer refuses a permt, they must record full reasons for the refusal aganst the person's INZ record and gve wrtten advce of the refusal to a representatve of the carrer on whch the person arrved n New Zealand and, f requested, to the person refused entry. Y3.35 People wth false documents or doubtful bona fdes Immgraton Act 1987 ss 45-49, 128, 142; Passports Act 1992 s 31(f) A person commts an offence aganst the Immgraton Act 1987 f they: Effectve 01/10/1999 a. make any statement, or provde any nformaton, evdence or submsson, knowng t s false or msleadng n any materal respect, n support of an applcaton or request for a vsa or permt or any clam to an exempton; or b. wthout reasonable excuse, produce or surrender any document or supply any nformaton to an mmgraton offcer knowng that t s false or msleadng n any materal respect; or c. produce or surrender or pass off any passport, certfcate of dentty, vsa, permt, certfcate of ctzenshp as relatng to that person when n fact, they know t does not, or they know t to be forged or obtaned fraudulently. Y3.40 People who hold transt vsas Immgraton Act 1987 s 14E(5) Effectve 01/10/1999 a. Holders of transt vsas are not enttled to apply for any type of permt to be n New Zealand. b. If a person who holds a transt vsa apples for any type of permt, an mmgraton offcer may refuse ther applcaton, n whch case secton 128 of the Immgraton Act 1987 wll apply to that person (see Y4 (on page 4-1)). Y3.45 People nelgble because of UN sanctons Effectve 01/10/1999 See prevous polces: Y3.45 Effectve 12/01/2006 Y3.45 Effectve 16/04/2002 Y3.45 Effectve 01/10/1999 Unted Natons Sanctons (Serra Leone) Regulatons 1997 Reg. 11; Unted Natons Sanctons (Lbera) Regulatons 2001 Reg 16; Unted Natons Sanctons (Al-Qada and Talban) Regulatons 2007 Reg 13; Unted Natons Sanctons (Côte d'ivore) Regulatons 2005 Reg 13; Unted Natons Sanctons (Democratc People s Republc of Korea) Regulatons 2006 Reg 17; Unted Natons Sanctons (Iran) Regulatons 2007 Reg 16B; Unted Natons Sanctons (Lebanon) Regulatons 2008 Reg 17. a. In accordance wth Unted Natons sanctons, no person who s a desgnated ndvdual or specfed entty may enter New Zealand or transt through New Zealand, meanng that no such person may be granted or ssued a vsa or permt. Ths restrcton s n place for the followng people: ctzens of Serra Leone 3-6

23 INZ Operatonal Manual Border Entry v v v desgnated ndvduals from Lbera desgnated ndvduals from Côte d'ivore desgnated ndvduals, and ther mmedate famly members, from the Democratc People s Republc of Korea (DPRK) desgnated ndvduals and specfed enttes from Al-Qada and Talban desgnated ndvduals from Iran v desgnated ndvduals from Lebanon. b. INZ case offcers must contact the Mnstry of Foregn Affars and Trade (MFAT) when processng any mmgraton applcaton from a person to whom (a) above apples. c. A permt or vsa may only be granted or ssued to a ctzen of Serra Leone on the advce of the Mnster of Foregn Affars. d. A permt or vsa may only be granted or ssued to a desgnated ndvdual or specfed entty on the advce of the Secretary of Foregn Affars and Trade Note: For the purposes of ths polcy a desgnated ndvdual and a specfed entty s someone who s named on a lst of such persons held by INZ and updated from tme to tme. Y3.50 People wth expred returnng resdent's vsa or... Effectve 20/10/2008 See Y3.50 Effectve 01/10/1999 Y3.50 People wth expred returnng resdent's vsa or no returnng resdent's vsa Immgraton Regulatons 1999 regs 9, 12 a. A person who s a New Zealand ctzen or resdent wll be referred to an INZ mmgraton offcer on arrval n New Zealand, whether or not they appear to meet the requrements for a permt, f they: travel outsde New Zealand on a foregn passport; and arrve back n New Zealand wth an expred returnng resdent's vsa (RRV) or no RRV. b. If the person's foregn passport shows that they are a New Zealand ctzen or have held a resdence permt, the offcer may : gve a specal drecton under regulaton 3(7) to wave any entry requrements, f necessary; and grant a resdence permt, f the offcer determnes that: the person would have been elgble to be granted an RRV before ther most recent arrval n New Zealand; and any RRV granted would stll have been current on the date of ther arrval n New Zealand (see X4); or (f the person s not elgble for a resdence permt) grant a one month temporary permt. c. If the person's foregn passport does not show that they are a New Zealand ctzen or have held a resdence permt, but the person clams to be a New Zealand ctzen or resdent, an INZ mmgraton offcer must establsh whether the person s n fact a New Zealand ctzen or resdent. 3-7

24 Border Entry INZ Operatonal Manual d. If the offcer clearly establshes that the person s a New Zealand ctzen or resdent then they may permt the person entry under Y3.50(b). e. If the offcer cannot clearly establsh whether the person s a New Zealand ctzen or resdent, but s satsfed that the person s more lkely than not to be a ctzen or resdent, the offcer may: gve a specal drecton under regulaton 9 or 12 to wave any entry requrements, f necessary; and grant a one month temporary permt. f. If the offcer cannot clearly establsh whether the person s a New Zealand ctzen or resdent, and s not satsfed that the person s more lkely than not to be a ctzen or resdent, the offcer may: grant a one month temporary permt, f the person meets the requrements for a temporary permt; or refuse entry under secton 128 of the Immgraton Act 1987, f the person does not meet the requrements for a temporary permt. g. A person who s granted a permt under Y3.50(b) or (e) must apply for an RRV at the tme the permt s granted, by completng a RRV applcaton form and payng the approprate fee. The completed applcaton must be sent by the offcer to the approprate INZ onshore branch offce for processng. Y3.55 Stowaways Immgraton Act 1987 ss 125, 128, 137 Effectve 07/10/2002 a. The person n charge of a craft must reveal the presence of a stowaway on board the craft as soon as practcable (see Y2.20 (a) (on page 2-3)). In most cases the shp's agent wll have nformed Customs or INZ well n advance of the craft's arrval. b. If there are reasonable grounds for belevng that there are stowaways or other people ntent on avodng arrval procedures on board a craft, members of the Polce and Customs offcers undertakng mmgraton dutes have powers under the Immgraton Act 1987 to enter and search that craft (see Y3.60 (on page 3-9)). Note: INZ mmgraton offcers do not have powers to enter or search a craft, and may only enter or search a craft f nvted to do so or f called upon by the Polce or Customs offcers to assst wth an arrest. c. Acton to deal wth stowaways may begn as soon as the craft on whch they are travellng crosses nto New Zealand's terrtoral lmts. The terrtoral lmt s any pont 12 mles seaward from the New Zealand shore or baselne, as defned by the Terrtoral Sea and Exclusve Economc Zone Act d. Stowaways must be detaned wthn 72 hours of the craft berthng, landng or otherwse arrvng n New Zealand (see Y4.10 (on page 4-2)). After 72 hours have passed stowaways can only be dealt wth by way of removal acton. e. If stowaways are apprehended then, dependng on the crcumstances, they may be ether detaned on board the craft or moved to another place of detenton untl ther departure. 3-8

25 INZ Operatonal Manual Border Entry Y Detenton on board the craft In the case of a shp, the preferred opton s smply to leave stowaways on board so that they return home on the "round trp". Ths opton can only be taken f: a. the authorsed shppng agent and the shp's master agree; and b. a Medcal Offcer of the Mnstry of Health s satsfed that lvng condtons are acceptable; and c. an mmgraton offcer s satsfed that a stowaway cannot abscond from an onboard place of detenton nto New Zealand; and d. the shp s departng wthn 72 hours of arrval. Y Detenton elsewhere If a stowaway cannot be detaned on board the craft they may be refused entry and dealt wth under secton 128 of the Immgraton Act 1987 (see Y4.10 (on page 4-2)). Y3.60 Powers of entry and search by members of... Effectve 01/10/1999 See prevous polcy Y3.60 Effectve 01/10/1999 Y3.60 Powers of entry and search by members of the Polce, and Customs offcers Immgraton Act 1987 s 137 a. A member of the Polce or a Customs offcer undertakng mmgraton dutes may enter and search any craft, land or premses descrbed n Y3.60(b) below, wthout warrant or any other authorty than secton 137 of the Immgraton Act 1987, f they beleve on reasonable grounds that ths s necessary for the purpose of: detectng any offence aganst the Immgraton Act 1987; or capturng any person to whom secton 128 of the Immgraton Act 1987 apples. b. The powers n Y3.60(a) above may be used n respect of all or any of the followng: any craft arrvng n New Zealand, to determne f t s carryng: any stowaway; or any other person who s requred to supply documentaton under secton 125 or 126 of the Immgraton Act 1987 (see Y2.1 (on page 2-1)); or any land or premses n any arport ncludng any Customs place or Customs controlled area or transt buldng. c. A member of the Polce or a Customs offcer undertakng mmgraton dutes may, f they consder t necessary, enter and search any of the places or premses descrbed n Y3.60(d) below at any tme f they have good cause to suspect that n or on any of those places or premses: an offence aganst the Immgraton Act 1987 s beng commtted or s lkely to be commtted (ncludng f the person entered New Zealand); or there s a person to whom secton 128 of the Immgraton Act 1987 apples (or would apply f the person entered New Zealand). 3-9

26 Border Entry INZ Operatonal Manual d. The powers n Y3.60(c) above may be used n respect of all or any of the followng places or premses: v v any part of the foreshore; or the shores or banks of any port, bay, harbour, lake, rver, or other waters; or any per or such structure attached to or extendng from any such shore or bank; or any land or premses n any port, ncludng any contaner base, Customs place, Customs controlled area, wharf, or transt buldng; or on board any shp or any other form of sea-borne vessel that s wthn the contguous zone or terrtoral sea of New Zealand. Effectve 07/10/2002 Y3.65 Effect of nternatonal Conventons on refusng entry As the Government recognses New Zealand's oblgatons under nternatonal law, t s essental that such oblgatons be taken nto account when refusng entry. Internatonal oblgatons whch may apply n such crcumstances nclude but are not lmted to: a. the 1951 Conventon Relatng to the Status of Refugees and the 1967 Protocol Relatng to the Status of Refugees; b. the 1948 Unversal Declaraton of Human Rghts; c. the 1966 Internatonal Covenant on Cvl and Poltcal Rghts and the optonal Protocol relatng to that Covenant; d. the 1989 Conventon on the Rghts of the Chld and New Zealand's reservatons to that Conventon; and e. the 1984 Conventon Aganst Torture and Other Cruel, Inhuman or Degradng Treatment or Punshment. Y3.70 Departure on frst avalable craft of persons refused entry Effectve 01/10/1999 a. In the frst nstance, people refused entry are to be placed on the frst avalable craft to take them from New Zealand. b. A craft s consdered to be avalable f: v v t s travellng to a country to whch the detaned person has rght of entry; and the detaned person has approprate documentaton to ensure entry to the country of destnaton wll be allowed; or (f the detaned person lacks approprate documentaton) the country of destnaton has authorsed entry; and the person n charge of the craft s prepared to carry the detaned person; and there s nothng else preventng the departure of the detaned person. c. The person refused entry must be placed nto custody only f: there s no craft avalable for a perod of 24 hours; or for any reason, an avalable craft: 3-10

27 INZ Operatonal Manual Border Entry s no longer avalable to take the person from New Zealand; or s, or s lkely to be, delayed n New Zealand for more than 24 hours; or for any other reason the person s unable to leave New Zealand at the expected tme. Effectve 01/10/

28

29 INZ Operatonal Manual Border Entry Y4 DETENTION PROVISIONS IN THIS SECTION Y4.1 Detenton of persons arrvng at the border Y4.5 Placng persons refused entry Y4.10 Detenton of persons refused entry Y4.15 Detenton of persons whose elgblty for permt s not mmedately ascertanable Y4.20 Places of custody Y4.25 Rght of access to counsel etc Y4.30 Bal Y4.32 Release on condtons Y4.35 Warrants of commtment Y4.40 Detenton of mnors Y4.1 Detenton of persons arrvng at the border Immgraton Act 1987 ss 128, 128B A person who arrves at the border may be detaned f: a. they have been refused entry to New Zealand (see Y3.1 (on page 3-1)) and are awatng departure on the frst avalable craft (see Y3.70 (on page 3-10)); or b. that person s not exempt from havng to hold a permt; and there s reason to suspect that: secton 7(1) of the Immgraton Act 1987 may apply to that person; or that person has no approprate mmgraton documentaton; or any such documentaton held appears to be false; and a decson whether or not to grant that person a permt, or f the person holds a precleared permt, to revoke that permt, has not been made because that person's status under secton 7(1) cannot be mmedately ascertaned. Note: only a Polce offcer may detan a person under secton 128 or 128B. Y4.5 Placng persons refused entry Effectve 01/10/1999 See prevous polcy Y4.5 Effectve 01/10/1999 a. In the frst nstance, people refused entry must be placed on the frst avalable craft (see Y3.70 (on page 3-10)) to take them from New Zealand. b. An mmgraton offcer may use ther dscreton bearng n mnd the partcular crcumstances of the case, to determne whether a person who s refused entry, needs to be placed nto custody, by consderng f: a craft s avalable (see Y3.70 (on page 3-10)) to take them on the same day; and the offcer s satsfed that the person cannot abscond from the arport facltes concerned; and 4-1

30 Border Entry INZ Operatonal Manual the person concerned poses no securty rsk, as assessed n conjuncton wth the Polce and arport securty. c. The person refused entry wll normally be placed nto custody f: paragraph (b)() to () above cannot be met; or for any reason, an avalable craft: s no longer avalable to take the person from New Zealand; or s, or s lkely to be, delayed n New Zealand for more than 24 hours; or for any other reason the person s unable to leave New Zealand at the expected tme. d. If an mmgraton offcer determnes that custody s necessary the offcer must: ask the Polce to detan the person n custody untl departure; and arrange the departure of the detaned person; and f applcable, serve a letter settng out the detals of the nfrngement on the carrer. Effectve 04/12/2006 Y4.10 Detenton of persons refused entry See Y4.10 Effectve 01/10/1999 Immgraton Act 1987 s 128 a. A person may be placed n custody untl ther departure from New Zealand on the frst avalable craft (see Y3.70 (on page 3-10)) f that person: v v arrves n New Zealand from another country; and s not exempt from havng to hold a permt; and s not a transt passenger or subject to secton 128B; and upon arrval: fals to apply n the prescrbed manner for a permt; or s refused a permt; or s a stowaway; or has ther pre-cleared permt revoked under secton 35F of the Immgraton Act 1987; and they must be placed nto custody under Y3.70 (on page 3-10)(c). b. The detenton provsons of secton 128 may be appled to any person wthn 72 hours of that person's frst contact wth an Immgraton offcer snce the person's arrval n New Zealand. c. A person detaned under secton 128 s deemed to be n New Zealand unlawfully, but as long as they are subject to secton 128, Part II of the Immgraton Act 1987 does not apply to them. d. A warrant of commtment must be obtaned f the person s to be detaned for more than 48 hours. e. If a warrant of commtment s necessary, t must be appled for wthn 48 hours of the person beng taken nto custody.