Carrier information obligations

At a glance

Y2.35 imposes an obligation on carriers (such as airlines) to provide specific passenger information to the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) when requested, for the purpose of protecting border security [Y2.35]. The information must be provided whether or not the person actually boards the craft, and must cover details including booking information, travel companions, travel history, payment, changes to travel, unchecked baggage, and previous failures to travel [Y2.35]. The Chief Executive must have direct access to this information from the carrier's database in an approved form, for up to 14 days before or after the craft's arrival [Y2.35]. The information may only be retained in limited circumstances, such as if the person is refused boarding or entry, or where there are reasonable grounds to suspect an offence or border security risk [Y2.35]. Failure to comply is an offence, carrying potential infringement fees, prosecution, or other enforcement action [Y2.35].

Definition

Y2.35 gives effect to section 102 of the Immigration Act 2009 and the Immigration (Carriers' Information Obligations) Regulations 2010 [Y2.35]. It requires carriers to supply passenger information to the Chief Executive on demand, and specifies the data that must be disclosed, the duration of access, and the permissible retention of that data [Y2.35].

Application in decisions

When the Chief Executive requests information under Y2.35 about a person who intended to or did travel to New Zealand within 14 days before or after the craft's arrival, carriers must comply by providing the detailed information listed in Y2.35(b) [Y2.35]. Immigration officers may use this information in border security assessments and decisions about granting or refusing entry permission, or in investigating potential offences [Y2.35]. The information may also be retained as part of a record of action taken, but only in the limited grounds set out in Y2.35(f) – for example, if the person is refused boarding or entry, or there is good cause to suspect an offence or border security risk [Y2.35].

Interpretation & edge cases

• Information must be provided about a person even if they did not board the craft [Y2.35(d)].
• The Chief Executive must have direct electronic access to the information from the airline's database in an approved form; the obligation is not satisfied by later paper delivery [Y2.35(e)].
• The period of access is fixed: from the date specified by the Chief Executive until 14 days after the craft's arrival [Y2.35(c)], and the information must be accessible for 14 days before or after arrival [Y2.35(e)].
• Retention is only permitted in the specific circumstances listed: refusal of boarding, refusal of visa/entry on arrival, need to keep a record of a particular action, reasonable suspicion of an offence against the Immigration Act 2009, or reasonable suspicion of a border security risk [Y2.35(f)].
• The obligation applies to carriers or persons in charge of commercial craft; failure without reasonable excuse is an offence, and enforcement tools may include infringement fees, prosecution, or other compliance measures [Y2.35(g)].

Citations

• Y2.35 — Requirement to provide further information