Obligations include the requirement to obtain and provide Advance Passenger Processing (APP) data to Immigration New Zealand for all passengers and crew before boarding, to comply with APP boarding directives and to check people travelling to New Zealand hold the required documentation for immigration purposes.

Failure of airlines to correctly comply with these obligations may result in risk to New Zealand by the carrier uplifting people who may be excluded, considered ineligible or otherwise pose a threat to New Zealand and its immigration system. The Immigration Act 2009 provides for an infringement regime for carriers who fail to comply with their obligations. This was introduced in July 2012 and provides an alternative to prosecution action, which can be costly and time consuming.

Airlines may be served an infringement notice requiring they pay an infringement fee when breaches occur. Infringement fees are set at:

• $1000 for failing to obtain/provide correct APP data
• $5000 for failing to comply with an APP directive to not board a passenger or uplifting with no travel document or visas.

Most airline infringements relate to passenger information requirements not being met. There were 173 infringement notices issued in the 2023-24 financial year.

Airlines may also be prosecuted for obligation breaches and upon conviction may be sentenced to imprisonment for up to three months, a fine of up to $50,000, or both.

There have been 15 previous prosecutions of airlines for failing to comply with their obligations under the Immigration Act 2009 since 2011 – one in 2011 (Singapore Airlines), six in 2012 (Malaysia Airlines, Lan Airlines (LATAM’s previous name), Jetstar, Cathay Pacific and Aerolineas Argentinas (two)), one in 2013 (Malaysia Airlines), one in 2014 (Singapore Airlines), one in 2015 (Cathay Pacific) two in 2016 (Jetstar and LATAM), one in 2017 (LATAM), one in 2018 (AirAsia X) and one in 2020 (China Eastern Airlines).

The airlines involved were all fined – with fines ranging from $5,000 per charge to $12,000.

Related common topics:

→Denied boarding to travel to New Zealand
→Refused entry into New Zealand