Section 97 — Immigration Act 2009: Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand

97 Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand (1) The chief executive may decide that a person in relation to whom information has been received under section 96(2)— (a) may board a craft for the purpose of travelling to New Zealand; or (b) may not board a craft for the purpose of travelling to New Zealand; or (c) may board a craft for the purpose of travelling to New Zealand only if he or she complies with conditions specified by the chief executive. (2) The chief executive— (a) must notify a person to whom section 96 applies of a decision made under subsection (1); and (b) may do so in any form he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and (c) may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification. (3) The chief executive— (a) may make a decision under subsection (1) whether or not the person to whom the decision relates— (i) holds a visa to travel to New Zealand; or (ii) has been granted entry permission; or (iii) is a person to whom a visa waiver applies; but (b) may not make a decision under subsection (1)(b) or (c) if the person to whom the decision relates is— (i) a New Zealand citizen who, before boarding the craft, holds and produces a New Zealand passport; or (ii) a New Zealand citizen who, before boarding the craft, holds and produces a foreign passport containing an endorsement of a type described in section 384 ; or (iii) a New Zealand citizen who, before boarding the craft, produces a returning resident's visa (within the meaning of section 2(1) of the former Act) endorsed in a current passport; or (iv) a permanent resident; or (v) a resident visa holder, unless the person has not previously travelled to New Zealand as the holder of that visa and the visa was granted outside New Zealand. (4) A person in relation to whom a decision is made under subsection (1)— (a) may not appeal the decision to any court, the Tribunal, the Minister, or otherwise: (b) may bring review proceedings in relation to the decision only on the grounds that he or she is a person in relation to whom that decision should not have been made because he or she is a person to whom subsection (3)(b) applies. (5) The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies, and section 23 of the Official Information Act 1982 does not apply in respect of the decision. (6) To avoid doubt, nothing in section 305 applies to the chief executive when he or she is notifying a carrier, or a person in charge, of a commercial craft to whom section 96 applies of a decision made under subsection (1). Compare: 1987 No 74 s 125AB