Immigration New Zealand Operational Manual. Border entry. Issue Date: 29 Novemer 2010

Transcription

1 Immgraton New Zealand Operatonal Manual Border entry Issue Date: 29 Novemer 2010

2

3 CONTENTS Y1 Objectve Y2 Arrvals and departures Y3 People refused entry permsson Y4 Vsas n error Y5 Transt passengers Y6 Refugee and protecton clamants...6-1

4

5 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry Note: Some of the nstructons contaned n ths secton of the Operatonal Manual are Immgraton New Zealand operatonal nstructons and do not consttute mmgraton nstructons as descrbed n secton 22 of the Immgraton Act The sectons Y3 and Y4 have been certfed as temporary entry and resdence nstructons as descrbed n sectons 22 or 23 of the 2009 Act. Table of Contents

6

7 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry Y1 OBJECTIVE The objectve of Border operatonal nstructons are: 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 29/11/

8

9 INZ Operatonal Manual Immgraton New Zealand 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 2009, the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, and the Immgraton (Carrers Informaton Oblgatons) Regulatons Effectve 29/11/2010 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 Advance Passenger Processng Y2.25 Carrer responsbltes pror to departure Y2.30 Carrer responsbltes on departure from New Zealand Y2.35 Requrement to provde further nformaton Y2.40 Memorandum of understandng wth arlne carrers Y2.45 Persons returnng to New Zealand through emergency Y2.1 Passenger responsbltes on arrval See also Immgraton Act 2009 ss 103, 104, 110, 342 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 regs 24, 29 a. New Zealand ctzens, f arrvng at an mmgraton control area are responsble for: v presentng themselves and producng ther passport or certfcate of dentty and a completed arrval card to an mmgraton offcer; and complyng wth any requrements to confrm New Zealand ctzenshp; and complyng wth any drecton of an mmgraton offcer whle n the mmgraton control area ; and allowng themselves to be photographed to confrm ctzenshp. b. Non ctzens, ncludng permanent resdents and resdents, f arrvng at an mmgraton control area, are responsble, for: v presentng themselves to an mmgraton offcer wth a completed arrval card (and thereby makng an applcaton for entry permsson and a vsa (f a vsa waver apples); 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 (f held); travel tckets or evdence of onward travel arrangements; evdence of funds for mantenance or of sponsorshp; and complyng wth any drecton of an mmgraton offcer whle n the mmgraton control area (see Y2.1.1). c. If a passenger s responsble for the care of a person who cannot comply wth Y2.1(a) or Y2.1(b) because of age or dsablty, t s ther responsblty to comply on behalf of that person. 2-1

10 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual Note: A passenger who apples for entry permsson by completng an arrval card must provde a physcal address n New Zealand under secton 110 of the Immgraton Act d. A person who arrves n New Zealand other than at an mmgraton control area (see Y2.1.1 below) must report to an mmgraton offcer at an mmgraton control area wthn 72 hours after arrvng and then comply wth the responsbltes n Y2.1(a) or (b) above and any requrements prescrbed n regulatons. Example: an ocean-gong yacht whch calls nto the nearest New Zealand port for repars or mantenance. e. 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. f. Any person who does not report, or n respect of whom t s suspected that they wll not report, to an mmgraton offcer at an mmgraton control area may be arrested by a constable and brought before an mmgraton offcer. g. If a person arrves at a place other than an mmgraton control area and does not report to an mmgraton offcer at an mmgraton control area wthn 72 hours - see reg 29, Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons any vsa they hold wll be deemed to be cancelled under secton 64,of the Immgraton Act Note: Y2.1 does not apply to people who arrve n New Zealand other than at an mmgraton control area who are deemed to have been granted a vsa. Y2.1.1 Defnton of Immgraton Control Area See also Immgraton Act 2009 s 382 An mmgraton control area s that part of an arport or port or any other place so desgnated by the Chef Executve of the Department of Labour for the processng of people arrvng n or departng from New Zealand. A lst and descrpton of all mmgraton control areas s avalable: at every offce of Immgraton New Zealand, both onshore and offshore that deals wth mmgraton matters; and on the Immgraton New Zealand webste. Effectve 29/11/2010 Y2.5 Passenger responsbltes on departure See also Immgraton Act 2009 ss 119, 342 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 30 a. Passengers are responsble on departure for: presentng themselves to an mmgraton offcer at an mmgraton control area wth a completed departure card; and producng ther passport or certfcate of dentty to an mmgraton offcer; and complyng wth any drecton of an mmgraton offcer. b. If a passenger s responsble for the care of a person who cannot comply wth Y2.5(a) above because of age or dsablty, t s ther responsblty to comply on behalf of that person. 2-2

11 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry c. A passenger who, wthout reasonable excuse, 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. Note: Y2.5 does not apply to people n New Zealand who are deemed to hold a vsa and leave New Zealand other than at an mmgraton control area. Y2.10 Who s exempt from passport requrement Effectve 29/11/2010 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 11(3) A member of the armed forces of any country, members of ts cvlan component or a crew member of any craft used to transport members of the armed forces of any country to New Zealand as defned n the Vstng Forces Act 2004 s exempt from havng to produce a passport or certfcate of dentty 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. Effectve 29/11/2010 Y2.15 Who s exempt from need for arrval and departure cards See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 reg 25 A person s exempt from havng to present an arrval card and a departure card f they are: a. crew or passengers on any shp carryng passengers or cargo or both (n the ordnary course of busness of the shp) between any foregn port and New Zealand; b. crew on any foregn shp authorsed by the Mnster of Transport under secton 198(2) of the Martme Transport Act 1994 to carry coastal cargo (wthn the meanng of subsecton (6) of that secton); c. arcraft crew on any commercal arcraft flyng between any other country and New Zealand; d. members of the armed forces of any country, members of ts cvlan component or crew members of any craft transportng such people n New Zealand at the request or wth the consent of the New Zealand government, n the ordnary course of that member s duty or employment as defned n the Vstng Forces Act 2004 who arrve n New Zealand at a mltary base; e. members of, or a person assocated wth, any scentfc programme or expedton under the auspces of a Contractng Party to the Antarctc Treaty wthn the meanng of the Antarctca Act 1960, or a person to whom secton 5 of that Act apples who enter the Ross Dependency from a country other than manland New Zealand; f. members of, or a person assocated wth, any scentfc programme or expedton under the auspces of a Contractng Party to the Antarctc Treaty wthn the meanng of the Antarctca Act 1960, or a person to whom secton 5 of that Act apples who: have entered the Ross Dependency from a country other than manland New Zealand; and 2-3

12 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual subsequently travel from the Ross Dependency to manland New Zealand guests of government who have been granted a vsa waver to travel by specal drecton. g. guests of government who have been granted a vsa waver to travel by specal drecton. Note: A request may also be made to wave, by specal drecton, the requrement for dstngushed vstors to provde a passport or certfcate of dentty for nspecton. Y2.20 Advance Passenger Processng See also Immgraton Act 2009 ss 96, 97, 349, 359, 360 See also Immgraton (Carrers Informaton Oblgatons) Regulatons 2010, reg 4 Effectve 29/11/2010 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, who s notfed by the Chef Executve of the Department of Labour (the Chef Executve) that they must comply wth responsbltes under secton 96 of the Immgraton Act 2009 must, pror to ther departure from another country to travel to New Zealand, obtan the nformaton prescrbed by regulaton 4 of the Immgraton (Carrers Informaton Oblgatons) Regulatons 2010, from every person who ntends to board the craft for the purpose of travellng to New Zealand. b. Where the craft s ether scheduled to, or t s proposed that t travels to New Zealand, pror to departure from another country, the carrer and person n charge of the craft, must provde the nformaton requred n (a) above to the Chef Executve by means of an approved system (see Y ). c. Ths nformaton ncludes: v the person's name, date of brth, natonalty, gender, passport or certfcate of dentty 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 craft's crew, a passenger whose destnaton s New Zealand, or a passenger whose destnaton s other than New Zealand); and nformaton dentfyng the craft and ts ntended movements. d. A carrer or person n charge of a commercal craft who, wthout reasonable excuse, fals to meet the responsbltes set out above commts an offence and may: ncur an nfrngement fee ; or be prosecuted; or have other acton taken aganst them utlsng any approprate enforcement tools n order to encourage complance. 2-4

13 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry e. The Chef Executve of the Department of Labour may exempt, n wrtng, a carrer or a person n charge of a commercal craft from complyng (n whole or n part) wth the requrements set out n (a), (b) and (c) above. Y Decsons about people boardng craft for 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 of 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 that the Chef Executve thnks s approprate, ncludng by means of an approved system or by means of an automated electronc notfcaton. 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 a person who s waved the requrement to obtan a vsa to travel to 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: v v a New Zealand ctzen who, before boardng, holds and produces a New Zealand passport; or a New Zealand ctzen who, before boardng, holds and produces a foregn passport contanng an endorsement ndcatng New Zealand ctzenshp; or a New Zealand ctzen who, before boardng, produces a foregn passport that contans a returnng resdent s vsa ssued under the Immgraton Act 1987; or a permanent resdent; or a resdent vsa holder, unless the person has not prevously travelled to New Zealand as the holder of that vsa and the vsa was granted outsde New Zealand. 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 97(1) of the Immgraton Act 2009 and secton 23 of the Offcal Informaton Act 1982 does not apply n respect of the decson. 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 person lsted n Y2.20.5(e) above. 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 they fal, wthout reasonable excuse, to ensure that such a decson s compled wth. 2-5

14 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual. A carrer or person n charge of a commercal craft who fals, wthout reasonable excuse, to meet the responsbltes set out n (a) above commts an offence and may: ncur an nfrngement fee; or be prosecuted; or have other acton taken aganst them, utlsng any approprate enforcement tools n order to encourage complance. Y Defnton of 'approved system' See also Immgraton Act 2009 s 4 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 Y2.20.1; or 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. (Y2.20.5) 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 the power, n accordance wth secton 97(1) of the Immgraton Act 2009, 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 secton 97(2) of the Immgraton Act 2009, to determne the means by whch any decson made under secton 97(1) of that Act s to be notfed to a carrer or person n charge of a commercal craft to whom secton 96(2) apples; the power, n accordance wth secton 102(3) of the Immgraton Act 2009 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 secton 102(2)(b) of the Immgraton Act 2009, to have access to nformaton of the knd specfed n the Immgraton (Carrer's Informaton Oblgatons) Regulatons 2010 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, and specfy the dates on whch the access s requred n accordance wth subsectons 102(4) and (6) of Immgraton Act 2009; and the power, n accordance wth subsectons 102(5)(d) and (e) of the Immgraton Act 2009, to determne whether, n respect of nformaton dsclosed or accessed n accordance wth subsectons 102(2)(a) and (b) of that Act, there s good cause to suspect that an offence aganst that Act s beng, or may have been, commtted, or a rsk to border securty exsts. Deputy Chef Executve Immgraton Group Manager, Border Securty, Workforce Natonal Manager, Border and Complance Operatons, Workforce 2-6

15 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry Branch Manager, Immgraton Border Operatons Centre, Workforce Branch Manager, Onshore Border Operatons, Workforce Branch Manager, Border and Complance Central and Southern, Workforce Immgraton Manager, Immgraton Border Operatons Centre, Workforce Immgraton Manager, Onshore Border Operatons, Workforce Immgraton Manager, Border and Complance Central and Southern, Workforce Techncal Advsor, Onshore Border Operatons Immgraton Offcer undertakng dutes at an Immgraton Control Area Y2.25 Carrer responsbltes pror to departure Effectve 29/11/2010 See also Immgraton Act 2009 ss 96, 101(1) See also Immgraton (Carrers Informaton Oblgatons) Regulatons 2010, reg 5 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons, reg 11(3), 29) a. The Immgraton Act 2009 requres that the carrer or the person n charge of any craft en route to New Zealand, or that berths, lands or arrves n New Zealand s responsble for ensurng all persons boardng the craft have the approprate mmgraton documentaton. The Immgraton (Carrer's Informaton Oblgatons) Regulatons 2010 prescrbe the mmgraton documentaton whch ncludes: a vald passport or certfcate of dentty (unless exempt); and a vsa (f requred) or an endorsement ndcatng New Zealand ctzenshp. Note: The check for a vsa or endorsement s not requred f the carrer or person n charge of a commercal craft obtans the Advance Passenger Processng nformaton as detaled n Y2.20 from every person who ntends to board the craft for the purpose of travellng to New Zealand and provdes that nformaton to the Chef Executve of the Department of Labour. b. A carrer or person n charge of a commercal craft who, wthout reasonable excuse, fals to ensure that all persons boardng the craft have the approprate mmgraton documentaton except where a person s exempt under regulaton 11(3) of the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 from holdng certan documentaton, commts an offence and may: ncur an nfrngement fee; or be prosecuted; or have other acton may be taken aganst them utlsng any approprate enforcement tools n order to encourage complance. Y Carrer responsbltes for ensurng or facltatng complance wth the Immgraton Act 2009 a. Carrers are responsble on arrval for: once nsde the terrtoral lmts of New Zealand and for the purpose of ensurng or facltatng complance wth the Immgraton Act 2009, preventng, wth such reasonable force as may be necessary, any person landng n New Zealand other than: n an mmgraton control area; or for the purpose of complyng wth the responsbltes n Y2.1(a) and (b); and provdng, as may be requred by an mmgraton offcer, any detals about any persons who may have been on board the craft snce ts last port of call; and 2-7

16 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual v f the craft s unable to land at an mmgraton control area, to make approprate arrangements for all persons on board to report to an mmgraton offcer at an mmgraton control area, 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, wthout reasonable excuse, fals to meet the responsbltes set out above commts an offence and approprate acton wll be taken aganst them utlsng any approprate enforcement tools n order to encourage complance, ncludng prosecuton. Y Defnton of 'craft' See also Immgraton Act 2009 s 4 Craft means any form of arcraft, shp, or other vehcle or vessel capable of beng or ntended to be used to transport any person to or from New Zealand from or to any country outsde New Zealand. Y Defnton of 'carrer' See also Immgraton Act 2009 s 4 Carrer, n relaton to a craft: a. means the owner or charterer of the craft; and b. f the owner or charterer s not n New Zealand, ncludes the agent n New Zealand of the owner or charterer; and c. f there s no agent n New Zealand, ncludes the person n charge of the craft. Effectve 29/11/2010 Y2.30 Carrer responsbltes on departure from New Zealand See also Immgraton Act 2009, s 118 See also Immgraton (Carrers Informaton Oblgatons) Regulatons 2010, reg 7(2) a. Carrers (see Y ) are responsble on departure for: v reportng to an mmgraton offcer mmedately before the craft (see Y2.25.5) leaves, detals of any crew member or person descrbed n regulaton 7(2) of the Immgraton (Carrers Informaton Oblgatons) Regulatons 2010 who: was on board when the craft arrved n New Zealand; and s not on board the departng craft; and allowng on board the craft for carrage from New Zealand any person beng deported or who s lable for turnaround, as long as an offer to pay the fare has been receved n relaton to the person beng deported and the safety of the craft or other persons on board s not endangered; and f a constable or an mmgraton offcer delvers 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 permttng travel to New Zealand and was, on arrval n New Zealand, refused a vsa and entry permsson (see Y3); 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 2-8

17 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry v meetng the costs (f any) ncurred by the Crown n detanng and mantanng any person descrbed n Y2.30(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 approprate acton wll be taken aganst them utlsng any approprate enforcement tools n order to encourage complance, ncludng prosecuton. Y2.35 Requrement to provde further nformaton Effectve 29/11/2010 See also Immgraton Act 2009 s 102 See also Immgraton (Carrers Informaton Oblgatons) Regulatons 2010, reg 6(2) a. Arlnes are requred to provde nformaton to the Department of Labour about passengers. Ths data asssts the Department of Labour n the protecton of border securty. b. If the Chef Executve of the Department of Labour (the Chef Executve) has requested nformaton about a person who ntended to or dd travel to New Zealand not more than 14 days before or after the arrval of the craft, regulaton 6(2) of the Immgraton (Carrers Informaton Oblgatons) Regulatons 2010 requres that the relevant carrer or person n charge of the craft must provde the Chef Executve wth nformaton 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. c. The Chef Executve must have access to the nformaton specfed n (b) ()-(v) for the perod from the date specfed by the Chef Executve untl 14 days after 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. d. The nformaton specfed n (b) ()-(v) above must be provded whether or not the person whom the nformaton s about actually boarded the craft. e. The Chef Executve must have access to the nformaton specfed n (b)() -(v) above drectly from the arlne's database n an approved form and manner for a perod of 14 days before or 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. f. Informaton specfed n (b) ()-(v) above may be retaned by the Chef Executve f: 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 the person has been refused a vsa and entry permsson on arrval or n a place desgnated by the Chef Executve outsde New Zealand; or 2-9

18 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual v v 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 an offence aganst ths Act s beng, or may have been, commtted; or the nformaton gves the Chef Executve good cause to suspect that a rsk to border securty exsts. g. A carrer or person n charge of a commercal craft who fals, wthout reasonable excuse, to meet the responsbltes set out n (b)-(e) above commts an offence and may: ncur an nfrngement fee; or be prosecuted; or have other acton taken aganst them, utlsng any approprate enforcement tools n order to encourage complance. Effectve 29/11/2010 Y2.40 Memorandum of understandng wth arlne carrers a. A Memorandum of Understandng (MOU) exsts between Immgraton New Zealand (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 arlnes legslatve responsbltes; 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 take approprate acton aganst carrers utlsng any approprate enforcement tools n order to encourage complance, ncludng prosecuton. Y2.45 Persons returnng to New Zealand through emergency Effectve 29/11/2010 See also Immgraton Act 2009 s 122 The holder of a temporary entry class vsa, upon applcaton, must be granted entry permsson and a further temporary vsa current for at least 14 days on ther return f on leavng New Zealand for another country: f the craft s forced to return to New Zealand because of an emergency or crcumstances beyond the person s control; and f ther vsa has expred or s due to expre at any tme between ther leavng New Zealand and 14 days after ther return to New Zealand. Note: Ths apples as long as the persons are not subject to sectons 15 or 16 of the Immgraton Act Effectve 29/11/

19 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry Y3 PEOPLE REFUSED ENTRY PERMISSION IN THIS SECTION Y3.1 Categores of people who wll normally be refused entry permsson Y3.5 People convcted of crmnal offences, subject to a removal order mposed under the Immgraton Act 1987 or deported from any country Y3.10 Persons who are or are lkely to be a threat or rsk to securty, publc order, the publc nterest or are members of a terrorst entty Y3.15 Persons found n possesson of llegal drugs Y3.20 Persons to whom sectons 15 or 16 apply but who are not refused entry Y3.25 People unable to meet the requrements for a vsa or entry permsson Y3.30 People wth false documents Y3.35 People who hold transt vsas Y3.40 Restrctons on the grant of a vsa or entry permsson to certan groups as desgnated by the Unted Natons Securty Councl (UNSC) Y3.45 People wth expred resdent vsa (ncludng expred returnng resdent s vsas (RRVs) ssued under the Immgraton Act 1987) Y3.50 New Zealand ctzens wth expred endorsements or no endorsement, or no returnng resdent's vsa (RRV) Y3.55 Stowaways Y3.60 Powers of entry and search by members of the Polce, and Customs offcers Y3.65 Effect of nternatonal conventons on refusng entry Y3.70 Oblgatons of carrers and persons n charge of craft Y3.1 Categores of people who wll normally be refused entry permsson See also Immgraton Act 2009 ss 15, 16, 179, 180 a. fall wthn the categores of people outlned n sectons 15 or 16 of the Immgraton Act 2009 ncludng: v v v people who, at any tme, have been convcted and sentenced to mprsonment for a term of 5 years or more, or sentenced to an ndetermnate perod capable of runnng for fve years or more; or people who, at any tme n the precedng 10 years, have been convcted and sentenced to mprsonment for a term of 12 months or more, or sentenced to an ndetermnate perod capable of runnng for 12 months or more; or people who have been removed or deported from New Zealand under any enactment (subject to certan exclusons under secton 15(3) of the Immgraton Act 2009) or are subject to a perod of prohbton on entry mposed under secton 179 of the Immgraton Act 2009 or f secton 180 of the Immgraton Act 2009 apples; or people who are excluded from New Zealand under any enactment; or people who have been removed, excluded or deported from another country; or people who the Mnster of Immgraton (the Mnster) has reason to beleve are lkely to commt an offence n New Zealand that s punshable by mprsonment; or 3-1

20 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual v people who the Mnster has reason to beleve are, or are lkely to be, a threat or rsk to securty; or v people who the Mnster has reason to beleve are, or are lkely to be, a threat or rsk to publc order; or x x people who the Mnster has reason to beleve are, or are lkely to be, a threat or rsk to the publc nterest; or any member of a terrorst entty desgnated under the Terrorsm Suppresson Act 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 permsson or for a vsa under the relevant nstructons; or d. hold false documentaton; or e. hold a transt vsa; or f. are stowaways; or g. are members of groups on whom Unted Natons (UN) sanctons have been mposed (see Y3.45). Y3.1.1 Refugee status or protecton clamants If a person who would normally be refused entry ndcates that they wsh to clam refugee or protecton status they must not be removed from New Zealand untl ther refugee or protecton status has been fnally determned, and then only f ther clam s unsuccessful or f secton 164(3) of the 2009 Immgraton Act 2009 allows. (see Y6). Effectve 29/11/2010 Y3.5 People convcted of crmnal offences, subject to a removal order mposed under the Immgraton Act 1987 or deported from any country See also Immgraton Act 2009 ss 15, 17 A person s not elgble for a vsa and entry permsson nto New Zealand and no vsa waver may apply, unless a specal drecton s gven or secton 83 of the Immgraton Act 2009 apples, f the person: a. at any tme, has been convcted and sentenced to mprsonment for a term of 5 years or more, or sentenced to an ndetermnate perod capable of runnng for fve years or more; or b. at any tme n the precedng 10 years, has been convcted and sentenced to mprsonment for a term of 12 months or more, or sentenced to an ndetermnate perod capable of runnng for 12 months or more; or c. s subject to a current removal order mposed under the Immgraton Act 1987; or 3-2

21 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry d. s subject to a prohbton on entry mposed under secton 179 of the Immgraton Act 2009 or f secton 180 of that Act apples; or e. has been removed or deported from New Zealand under any enactment (subject to certan exclusons under secton 15(3) of the Immgraton Act 2009); or f. s excluded from New Zealand under any enactment; or g. has been removed, excluded or deported from any country other than New Zealand. Effectve 29/11/2010 Y3.10 Persons who are or are lkely to be a threat or rsk to securty, publc order, the publc nterest or are members of a terrorst entty. See also Immgraton Act 2009 ss 16, 17 Unless a specal drecton s gven or secton 83 of the Immgraton Act 2009 apples, a person s not elgble for a vsa or entry permsson and no vsa waver may apply f the Mnster has reason to beleve that the person: a. s lkely to commt an offence n New Zealand that s punshable by mprsonment; or b. s, or s lkely to be, a threat or rsk to securty; or c. s, or s lkely to be, a threat or rsk to publc order; or d. s, or s lkely to be, a threat or rsk to the publc nterest; or e. s a member of a terrorst entty desgnated under the Terrorsm Suppresson Act Effectve 29/11/2010 Y3.15 Persons found n possesson of llegal drugs See also Immgraton Act 2009 ss 16, s83 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 punshable by mprsonment. Such persons wll not normally be granted a vsa or entry permsson. 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. Note: These provsons apply n any crcumstance where t s consdered that the person s lkely to commt any offence whch s punshable by mprsonment. c. If such a person has been charged and detaned by the Polce untl a court appearance and they are subject to secton 16, an approprately delegated mmgraton offcer may gve a specal drecton under secton 17 of the Immgraton Act 2009 to grant the person a lmted vsa under secton 83 of the Immgraton Act 2009 for the express purpose of enablng the person to face the charge(s) lad or to serve any sentence mposed on the charge(s). Note: The court acton should be montored wth a vew to havng the person deported from New Zealand as soon as possble. 3-3

22 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual 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 16(1)(a)() of the Immgraton Act 2009 apples to them. Effectve 29/11/2010 Y3.20 Persons to whom sectons 15 or 16 apply but who are not refused entry See also Immgraton Act 2009 ss 15, 16, 17, 83, 108 a. If, after ntervewng a person suspected of beng subject to sectons 15 or 16 of the Immgraton Act 2009, an mmgraton offcer determnes that sectons 15 or 16 apples but there are compellng reasons to grant a vsa, an approprately delegated mmgraton offcer may gve a specal drecton to grant a vsa, under secton 17(1)(a) of the Immgraton Act If a specal drecton s gven, the vsa 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 lmted vsa granted to a person f: a certfcate has been ssued n respect of the person under specfc sectons of the Mutual Assstance n Crmnal Matters Act 1992; and the lmted vsa s for the sole purpose of enablng the person to be n New Zealand for the purpose of gvng or provdng evdence or assstance pursuant to a request under that Act or to be transported through New Zealand under that Act. an excepton may also be made and a lmted vsa granted to a person for the sole purpose of enablng the person to return to New Zealand to face a charge n New Zealand or to serve a sentence mposed on the person n New Zealand. Note: Despte sectons 15 and 16 of the Immgraton Act 2009, entry permsson must be granted under secton 108 of the Immgraton Act 2009 to:. the holder of a permanent resdent vsa; and. the holder of a resdent vsa granted n New Zealand; and. the holder of a resdent vsa arrvng n New Zealand for a second or subsequent tme as the holder of the vsa. Effectve 29/11/2010 Y3.25 People unable to meet the requrements for a vsa or entry permsson See also Immgraton Act 2009 s 103 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 24 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 vsa, at an mmgraton control area. Presentng the completed arrval card consttutes makng an applcaton for entry permsson and a vsa (where a vsa waver apples) n the prescrbed manner. b. A passenger does not need to apply for a vsa or entry permsson f they are: a New Zealand ctzen who holds and produces a New Zealand passport; or a transt passenger wthn the meanng of secton 86(7) of the Immgraton Act c. A New Zealand ctzen who s a natonal of 1 or more other countres and who wshes to enter New Zealand other than as a New Zealander must apply for entry permsson. 3-4

23 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry d. Before determnng whether a vsa or entry permsson should be granted, an mmgraton offcer may requre travel tckets or evdence of onward travel arrangements and evdence of mantenance funds or of sponsorshp to be produced. e. People who do not meet the requrements for a vsa or entry permsson wll be referred to an 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 requrements; and v people who fal to apply for a vsa or entry permsson. Y People arrvng wthout current passports or other acceptable travel documents See also Immgraton Act s 103 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 34 A person who arrves wthout a current passport or other acceptable travel document may have ther requrement to produce a passport on arrval waved f an approprately delegated mmgraton offcer gves a specal drecton to that effect under regulaton 34 of the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 to gve the person a waver. A specal drecton may only be gven 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 vsa and entry permsson. Note: passport wavers are most frequently granted to New Zealand ctzens 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 See also Immgraton Act 2009 s 103 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 34 A person who arrves wthout a requred vsa may have ther requrement for the vsa waved and be granted a vsa and entry permsson f an approprately delegated mmgraton offcer gves a specal drecton to that effect under regulaton 34 of the (Vsa, Entry Permsson, and Related Matters) Regulatons A specal drecton may only be gven 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 3-5

24 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual b. they have a genune reason for travellng to New Zealand; and c. there s no other mpedment to the grant of a vsa and entry permsson. Y People who do not meet entry requrements See also See also Immgraton Act 2009 s 103 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 34 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 have these requrements waved and be granted a vsa and entry permsson f an approprately delegated offcer gves a specal drecton to that effect under regulaton 34 of the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons b. A specal drecton may only be gven 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 entry permsson or a vsa. c. The offcer should also consder enablng the person to meet entry requrements through purchasng tckets or arrangng sponsorshp. Y People who do not meet the bona fde applcant requrements a. If an mmgraton offcer s not satsfed that a person who apples for a vsa (where a vsa waver apples) and entry permsson by tenderng an arrval card s a bona fde applcant, then they may refuse a vsa and entry permsson and have the person placed on the frst avalable craft (see Y3.70). b. If an offcer refuses a vsa or entry permsson, although not requred to provde reasons unless asked by the applcant under secton 27 of the Immgraton Act 2009, best practce requres that the offcer records full reasons for the refusal aganst the person's Immgraton New Zealand record and gves 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 permsson or a vsa. Y3.30 People wth false documents See also Passports Act 1992 s 31 See also Immgraton Act 2009 s 342 A person commts an offence aganst the Immgraton Act 2009 f they: Effectve 29/11/2010 a. make any statement, or provde any nformaton, evdence, or submsson, knowng that t s false or msleadng n any materal respect, n support of any applcaton for a vsa or entry permsson, or any request for varaton, waver, or cancellaton of the condtons of a vsa; or b. produce or surrender any document or supply any nformaton to an mmgraton offcer or a refugee and protecton offcer knowng that t s false or msleadng n any materal respect; or 3-6

25 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry c. complete any document requred as part of a border requrement n a manner that the person knows to be false or msleadng n any partcular, or fals to comply wth any of hs or her other responsbltes under secton 103 of the Immgraton Act Y3.35 People who hold transt vsas See also Immgraton Act 2009 ss 89, 90, 91 Effectve 29/11/2010 a. Holders of transt vsas are not enttled to apply for any entry permsson or any other class or type of vsa whle n New Zealand durng the transt perod. b. An mmgraton offcer may cancel a transt vsa at any tme. If the transt vsa s cancelled after the holder has arrved n New Zealand, the person s lable for turnaround. c. An mmgraton offcer may, n ther absolute dscreton, extend the perod for whch the person may reman n New Zealand under the transt vsa, or grant the person a vsa and entry permsson where the person s transt vsa expres whle the person s n New Zealand. If the mmgraton offcer does not extend the vsa or grant a vsa and entry permsson, the person s lable for turnaround. d. A person whose transt vsa s cancelled by an mmgraton offcer after the person arrves n New Zealand, or who holds a transt vsa and the transt perod has expred s subject to secton 115 of the Immgraton Act Note: Where a transt passenger mstakenly attempts to apply for a vsa or entry permsson, an mmgraton offcer wll not normally accept ther applcaton and wll assst them to return to the transt area. Y3.35b and d wll not apply. Effectve 29/11/2010 Y3.40 Restrctons on the grant of a vsa or entry permsson to certan groups as desgnated by the Unted Natons Securty Councl (UNSC) See also 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 2005rReg 13; Unted Natons Sanctons (Democratc People's Republc of Korea) Regulatons 2006 reg 17; Unted Natons Sanctons (Iran) Regulatons 2010 reg 25; Unted Natons Sanctons (Lebanon) Regulatons 2008 reg 17; Unted Natons Sanctons (Democratc Republc of the Congo) Regulatons 2004 reg 12D; Unted Natons Sanctons (Sudan) Regulatons 2004 reg 13D; Unted Natons Sanctons (Somala) Regulatons 1992 reg 10F; Unted Natons Sanctons (Ertrea) Regulatons 2010, reg 3 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 a vsa or entry permsson. Ths restrcton s n place for the followng people: v v v desgnated ndvduals from Serra Leone desgnated ndvduals from Lbera desgnated ndvduals from Cote 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 3-7

26 Immgraton New Zealand Operatonal Manual - Border entry INZ Operatonal Manual v desgnated ndvduals from Lebanon v desgnated ndvduals from the Democratc Republc of Congo (DRC) x x x desgnated ndvduals from Sudan. desgnated ndvduals from Somala desgnated ndvduals from Ertrea b. Immgraton 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 vsa or entry permsson may only be granted to a desgnated ndvdual or specfed entty on the advce of the Secretary of Foregn Affars and Trade. Note: For the purposes of these nstructons, a desgnated ndvdual and a specfed entty s someone who s named on a lst of such persons held by Immgraton New Zealand and updated from tme to tme. Y3.45 People wth expred resdent vsa (ncludng expred returnng resdent s vsas (RRVs) ssued under the Immgraton Act 1987) Effectve 29/11/2010 See also Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010, reg 6 a. A person who has prevously held a resdent vsa wll be referred to an mmgraton offcer on arrval n New Zealand, whether or not they appear to meet the requrements for entry as a resdent, f ther resdent vsa has expred. Note: an RRV of lmted duraton ssued under the Immgraton Act 1987 s deemed to be a resdent vsa allowng travel to New Zealand for an unlmted number of journeys vald untl the date of expry of the RRV. Note: Under secton 63 (2) of the Immgraton Act 2009, the date a resdent vsa expres s the earler of: ~ the day and tme the holder left New Zealand, f the vsa has no travel condtons allowng further travel to New Zealand; ~ the begnnng of the day after the date that s specfed by the travel condtons of the vsa as the last day of the perod of tme wthn whch travel s allowed to New Zealand. b. If the person's foregn passport shows that they have held a resdent vsa, an approprately delegated offcer may : v gve a specal drecton under regulaton 34 of the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 to wave any requrements for entry permsson, f necessary; and grant a resdent vsa, f the offcer determnes that the prncpal applcant: would have met the crtera to be granted a varaton of travel condtons had they appled for t on the date ther resdent vsa expred and those travel condtons would stll be vald on the date the applcaton for a second or subsequent resdent vsa was made; or would have met the crtera to be granted a permanent resdent vsa had they appled for t on the date ther resdent vsa expred and that date was less than 24 months before the date the applcaton for a second or subsequent resdent vsa s made. 3-8

27 INZ Operatonal Manual Immgraton New Zealand Operatonal Manual - Border entry c. If the person s not elgble for a resdent vsa, the offcer may grant a one month temporary vsa. d. If the person's passport does not show that they have held a resdent vsa but the person clams to have been a New Zealand resdent, an mmgraton offcer must establsh whether the person has n fact been a resdent and held a resdent vsa. e. If the offcer clearly establshes that the person has been a resdent and held a resdent vsa then they may permt the person entry under (b) above. f. If the offcer cannot clearly establsh whether the person has been a resdent and held a resdent vsa but s satsfed that the person s more lkely than not to have been a resdent and held a resdent vsa the offcer may: gve a specal drecton under regulaton 34 of the Immgraton (Vsa, Entry Permsson, and Related Matters) Regulatons 2010 to wave any entry grant a one month temporary vsa. g. If the offcer cannot clearly establsh whether the person has been a resdent and held a resdent vsa and s not satsfed that the person s more lkely than not to have been a resdent and held a resdent vsa the offcer may: grant a one month temporary vsa, f the person meets the requrements for a temporary vsa; or refuse entry under secton 107 of the Immgraton Act 2009, f the person does not meet the requrements for a temporary vsa. h. A person who s granted entry under (b) or (e) above must be advsed that, n order to facltate future travel to New Zealand they must apply for further travel condtons on ther resdent vsa or a permanent resdent vsa. Effectve 29/11/2010 Y3.50 New Zealand ctzens wth expred endorsements or no endorsement, or no returnng resdent's vsa (RRV) See also Immgraton Act 2009 ss 13(1), 13(2), 103(1) a. A person who s a New Zealand ctzen wll be referred to an mmgraton offcer on arrval n New Zealand, whether or not they appear to meet the requrements for entry as a New Zealand ctzen, f they arrve back n New Zealand and present a foregn passport wth no endorsement under secton 384 of the Immgraton Act 2009, or no RRV ssued under the Immgraton Act 2009 on the bass of beng a New Zealand ctzen. b. If the offcer establshes that the records of the Department of Labour show the person has an endorsement, then they must grant the person entry as a New Zealand ctzen. Y3.55 Stowaways See also Immgraton Act 2009 ss 101, 115, 116. Effectve 29/11/2010 a. The carrer and the person n charge of a craft must report the presence of a stowaway on board the craft as soon as practcable (see Y2.20(a)). In most cases the shp's agent wll have nformed New Zealand Customs Servce (Customs) or Immgraton New Zealand well n advance of the craft's arrval. 3-9