Section 349 — Immigration Act 2009: Offences relating to carriers, and persons in charge, of craft

349 Offences relating to carriers, and persons in charge, of craft (1) Every carrier, or person in charge, of a commercial craft commits an offence who— (a) fails without reasonable excuse to comply with any of the carrier's or the person's responsibilities under section 96(2) ; or (b) allows a person to travel to New Zealand before a decision has been made by the chief executive under section 97(1) ; or (c) having been notified under section 97(2) of a decision made by the chief executive under section 97(1)(b) or (c) , without reasonable excuse fails to ensure that the person to whom the decision relates complies with it; or (d) fails without reasonable excuse to provide the chief executive with information under section 102(2)(a) ; or (e) fails without reasonable excuse to ensure the chief executive has access to information under section 102(2)(b) . (2) Every carrier, or person in charge, of a craft commits an offence who fails without reasonable excuse to comply with any of the requirements of— (a) section 101(1)(a) ; or (b) section 118(1)(a) ; or (c) sections 101(1)(b) , (c), and (d), 101(2) , and 118(1)(b) and (c) . (3) Every person in charge of a craft commits an offence who fails without reasonable excuse to comply with section 101(3) . (4) Every carrier of a craft commits an offence who fails to comply with section 118(2) . (5) To avoid doubt, proceedings in respect of an offence against subsection (1), (2), or (3) may be taken— (a) against the carrier, or the person in charge, of the craft, but not both: (b) whether the offence occurred in or outside New Zealand. Compare: 1987 No 74 ss 125AA(4) , 125AC(1), (2) , 125AE(1), (2) , 125(6)–(8)