New airline penalties to improve border security
Tuesday 10 April 2012, 12:43PM
By Nathan Guy
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The Government is stepping up border protection with a new penalty and enforcement regime for airlines which breach their obligations under the Immigration Act, Immigration Minister Nathan Guy announced today.
“With more than 4.5 million people flying into New Zealand every year, it’s important that we protect our borders and encourage compliance with the law,” says Mr Guy.
“This new regime will have penalties ranging from $500 to $5000, depending on the breach of the Immigration Act.
“For instance, under the Act airlines have to check a person has the required travel documents to enter New Zealand, such as a passport and appropriate visa.
“Currently, breaches of the Act may be subject to court prosecution which can take time and money. This new regime will enable immediate action to be taken at the time of the offence.
“These changes strike the right balance between encouraging compliance with the law, and imposing a fair and reasonable cost on the airlines which fail to comply.
“Most airlines do a very good job of meeting their requirements, but we need to recognise the seriousness of not doing so. It can result in people entering New Zealand to work illegally, people trafficking, or costs to our health system.
“This brings New Zealand into line with Australia, Canada, the United Kingdom and the United States, which all impose infringement fees on carriers for breaches of immigration obligations,” says Mr Guy.
The penalty regime is in addition to other work Immigration NZ does with airlines to enforce their immigration obligations, including training and education.
Airlines have been consulted and the new infringement regime will come into effect in July.
The table below sets out the new infringement fees.
Carrier Infringement Regime fees
| Nature of the offence |
Fee for carrier of a craft |
Fee for person in charge of a craft |
|
Failure to comply with the obligation to provide Advance Passenger Processing (APP) data for a person |
$1,000 |
$500 |
|
Failure to wait for a boarding directive for a person |
$1,000 |
$500 |
|
Failure to comply with a directive not to allow a person to board |
$5,000 |
$2,500 |
|
Failure to ensure a person complies with certain conditions, except where the condition is to show evidence of an outward ticket |
$1,000 |
$500 |
|
Failure to ensure a person complies with the condition to show evidence of an outward ticket |
$500 |
$250 |
|
Failure to provide Passenger Name Record (PNR) data for a person |
$1,000 |
$500 |
|
Failure to ensure access to PNR data for a person |
$1,000 |
$500 |
|
Failure to ensure a person has the prescribed travel documentation (passport or Certificate of Identity, visa |
$5,000 |
$2,500 |
Note: The carrier of a craft is the owner of the aircraft, or its agent, or a chartering company, based in New Zealand. A person in charge of a craft will only be charged when the owner, agent or company that charters the aircraft is not based in New Zealand (for example, a pilot of a private jet flying passengers in for a visit).