Section 103 — Immigration Act 2009: Obligations on persons arriving in New Zealand

103 Obligations on persons arriving in New Zealand (1) Except as provided in regulations made under this Act, or in any special direction, every person who arrives in New Zealand from another country has the following responsibilities: (a) if the person arrives at an immigration control area, to present himself or herself to an immigration officer without delay: (b) if the person arrives at a place other than an immigration control area, to present himself or herself in the prescribed manner within the prescribed time: (c) to apply for a visa in the prescribed manner, if the person is a person to whom a visa waiver applies: (d) to apply for entry permission in the prescribed manner unless— (i) the person is a New Zealand citizen and holds and produces a New Zealand passport; or (ii) the person is a New Zealand citizen and holds and produces a foreign passport containing an endorsement of a type described in section 384 ; or (iii) the person is a New Zealand citizen and holds and produces a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the former Act); or (iv) the person is a transit passenger (within the meaning of section 86(7) ): (e) in the case of a New Zealand citizen who is entering New Zealand as a New Zealand citizen, to comply with any requirements prescribed for the purpose of confirming the person’s status as a New Zealand citizen: (f) to comply with any direction of an immigration officer to remain in the immigration control area or other prescribed place, or a specified part of the area or place: (g) to comply with any other directions of an immigration officer while in an immigration control area. (2) However, the obligation in subsection (1)(e) does not apply if the person, before arriving in New Zealand, has already complied with those requirements in accordance with section 99 . (3) Where a person arriving in New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf. (4) Every passport or certificate of identity produced by a person to an immigration officer under this section— (a) must, if the person is a New Zealand citizen or is granted entry permission, be returned to the person before the person leaves the immigration control area; or (b) if the person is refused entry permission, may be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand. (5) To avoid doubt, a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen must apply for entry permission in the prescribed manner. Compare: 1987 No 74 s 126(1), (3)