Section 102 — Immigration Act 2009: Obligations of carriers, and persons in charge, of craft to provide information

102 Obligations of carriers, and persons in charge, of craft to provide information (1) The purpose of this section is to facilitate— (a) the exercise or performance of powers, functions, or duties under this Act: (b) the prevention, detection, investigation, prosecution, and punishment of immigration offences: (c) the protection of border security. (2) If the circumstances in subsection (3) exist, a person to whom section 96 applies must— (a) provide the chief executive with information of the prescribed kind about a person who intended to board a craft for the purpose of travelling to New Zealand, whether or not he or she did in fact board the craft (including, but not limited to, if he or she did not board the craft as a result of a decision made by the chief executive under section 97 ); and (b) ensure that the chief executive has access to the information described in paragraph (a). (3) The circumstances are that the chief executive has made the request for the information not more than 14 days before or after the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand. (4) A person to whom subsection (2) applies must ensure that the chief executive has access to the information— (a) in an approved form and manner and on the date specified by the chief executive; and (b) for the period from the date specified by the chief executive until 14 days after the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand. (5) Information collected or accessed by the chief executive under subsections (2) and (4) may be retained by the chief executive only if any of the following circumstances apply: (a) the chief executive decided under section 97(1)(b) that the person may not board a craft for the purpose of travelling to New Zealand: (b) the person has been refused a visa and entry permission— (i) on arrival; or (ii) in a place designated by the chief executive under section 383 : (c) the information needs to be retained as part of a record of a particular action having been taken in relation to the person to whom it relates (for example, a record that a person was interviewed on arrival): (d) the information gives the chief executive good cause to suspect that an offence against this Act is being, or may have been, committed: (e) the information gives the chief executive good cause to suspect that a risk to border security exists. (6) In this section, approved form and manner means a form and manner (for example, an electronic form and manner) approved by the chief executive for the purpose of providing him or her with access to information under subsection (2). (7) To avoid doubt, information retained under subsection (5) may be further dealt with as permitted under the Privacy Act 1993. Compare: 1987 No 74 s 125AD