Carrier Offences

At a glance

Carriers and persons in charge of commercial craft commit offences if they fail to comply with obligations relating to advance passenger processing, boarding directives, passenger name record data, travel documentation, and other requirements under the Immigration Act 2009. These offences can result in criminal prosecution, fines, or infringement notices. [D7.35]

Definition

Section D7.35 of the INZ Operational Manual lists the offences that apply to carriers (the owner, charterer, or agent of a craft) and the person in charge of a craft. The offences are linked to specific responsibilities under the Immigration Act 2009, particularly sections 96, 97, 101, 102, and 118. [D7.35]

The following conduct constitutes an offence:

• Failing without reasonable excuse to comply with carrier responsibilities under section 96(2) (e.g., providing advance passenger processing data). [D7.35]
• Allowing a person to travel to New Zealand before a decision has been made by the Chief Executive under section 97(1) (advance passenger processing directive). [D7.35]
• Having been notified of a decision under section 97(1)(b) or (c), failing without reasonable excuse to ensure the person complies with that decision (e.g., a directive not to board, or a requirement to show an outward ticket). [D7.35]
• Failing without reasonable excuse to comply with obligations under sections 102(2), (4), or (5) (provision of passenger name record data). [D7.35]
• Failing without reasonable excuse to comply with the requirements of section 101(1)(a) (ensuring a person has prescribed travel documentation), section 118(1)(a), or sections 101(1)(b),(c),(d), 101(2), and 118(1)(b),(c). [D7.35]
• Failing without reasonable excuse to comply with section 101(3) (requirement for person in charge) or section 118(2) (carrier obligation). [D7.35]

Proceedings may be taken against either the carrier or the person in charge, but not both, and may be taken whether the offence occurred in or outside New Zealand. [D7.35]

Application in decisions

When an immigration officer suspects a carrier or person in charge has committed an infringement offence (offences under sections 349(1) or 349(2)(a)), they may:

• Proceed under the Summary Proceedings Act 1957, or
• Serve an infringement notice under section 362 of the Immigration Act 2009. [D7.35]

Before issuing an infringement notice, the officer may require the person to provide full name, date of birth, full residential and postal addresses of the person in charge, and the legal name and full postal address of the carrier. [D7.35]

Infringement notices must be in the prescribed form under the Immigration (Carriers' Infringement Offences, Fees and Forms) Regulations 2012, and may be served by personal delivery or by post to the last known place of residence or business. An infringement notice sent by post is deemed served on the date it was posted. [D7.35]

After an infringement notice is issued, court proceedings may still be commenced under section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications. [D7.35]

A reminder notice must also be in the prescribed form. [D7.35]

An immigration officer may revoke an infringement notice at any time before the infringement fee is paid or a court makes an order for payment of a fine. [D7.35]

Interpretation & edge cases

• Distinction between carrier and person in charge: The carrier is typically the owner, charterer, or agent, while the person in charge is the individual commanding the craft. Different penalty levels apply to each. [D7.35]
• Penalties overview:
  • For offences under section 349 (except section 349(2)(b)):
    • Carrier: imprisonment up to 3 months, fine up to $50,000, or both.
    • Person in charge: imprisonment up to 3 months, fine up to $25,000, or both. [D7.35]
  • For offences under section 349(2)(b) (allowing travel before a decision under s 97(1)):
    • Carrier: imprisonment up to 3 months or fine up to $20,000.
    • Person in charge: imprisonment up to 3 months or fine up to $10,000. [D7.35]
• Infringement fees: The following table summarises the fees prescribed by the Immigration (Carriers' Infringement Offences, Fees and Forms) Regulations 2012:

Offence provision	Description	Fee for carrier ($)	Fee for person in charge ($)
349(1)(a)	Failure to provide Advance Passenger Processing data	1,000	500
349(1)(b)	Allow travel before APP directive	1,000	500
349(1)(c) (not to board)	Failure to comply with directive not to allow boarding	5,000	2,500
349(1)(c) (other conditions, except outward ticket)	Failure to ensure compliance with other conditions	1,000	500
349(1)(d)	Failure to provide Passenger Name Record data	1,000	500
349(2)(a)	Failure to ensure person has prescribed travel documentation	5,000	2,500

All infringement fees are payable to the Chief Executive of MBIE and must be paid into a nominated Crown bank account. [D7.35]

• Reasonable excuse: Several offences allow a defence of "reasonable excuse". INZ and the courts assess this on a case-by-case basis, but the manual does not define it further. [D7.35]
• Overlap with other offences: This section operates alongside the general compliance objective at D1 and the broader prosecution framework at D7. Carrier-specific obligations and offences are distinct from the false or misleading information, obstruction, or document offences in D7.1–D7.30. [D7.35]
• MOU with airlines and enforcement: Despite the existence of a Memorandum of Understanding (MOU) between INZ and certain airlines that records agreed border responsibilities and focuses on minimising infringements, INZ reserves the right to take appropriate enforcement action against carriers, including prosecution, in order to encourage compliance. [Y2.40]

Citations

• D7.35 — Offences relating to carriers or a person in charge of a craft
• Y2.40 — Memorandum of understanding with airline carriers