Temporary Entry PDF - Immigration New Zealand

INZ Operational Manual Temporary entry
WJ5.25.5 Notification of desertion & related information
a. The employer must advise Immigration New Zealand (INZ) as soon as practicable of any
information that may assist to prevent any desertion or to apprehend foreign crew who
have deserted and those people who encourage or assist foreign crew to desert in breach
of their work visa conditions.
b. This information should be forwarded to the Compliance Operations branch of INZ in
Christchurch.
c. Where crew desert ship, the employer must abide by a two stage notification process:
i Stage one: When it is determined by an employer that a foreign crew member has
deserted, the employer must notify INZ as soon as practicable within 48 hours, using
the form Formal Notification of Crew Deserter (INZ 1212).
ii The Employer (if it is a New Zealand Company) or the New Zealand Charter Party
(NZCP) must at this time surrender the foreign crew member’s passport and Seaman’s
Book to INZ (if in the Employer or NZCP’s possession). At this point the foreign crew
member will be considered in breach of the conditions of their work visa, and INZ may
commence with compliance action against the individual crew member and the
employer if appropriate. The personal details of the ship deserter will be added to ship
deserter statistics.
iii Stage two: In the case of a foreign crew member missing at vessel departure,
notification must be made as soon as practicable within 48 hours of the time the
vessel leaves port, or within 24 hours of the time the foreign crew member is noted as
missing during transit to/from a vessel.
WJ5.25.10 Records of desertion & associated companies
An employer or NZCP who has been recorded as associated with a deserter under the process
above, may apply in writing for that record to be removed from the record of ship deserters in
the following circumstances:
a. the foreign crew member subsequently returns to their vessel, leaves New Zealand,
surrenders to Immigration New Zealand or contacts the employer or the NZCP before any
deportation liability notice against them becomes effective; and
b. the employer or NZCP can otherwise show good cause why the foreign crew member
should not be considered a deserter.
Note: INZ will advise the employer or NZCP in writing of the acceptance or rejection (including
reasons for such rejection) of the request for desertion record removal.
WJ5.30 Complaints by crew
WJ5.30.1 Investigation of complaints
Effective 17/12/2012
a. The employer must undertake a full investigation of any complaints or concerns raised by
foreign crew and co-operate fully with any Ministry of Business, Innovation and
Employment (the Ministry) investigation of complaints.
b. Where the employer is not a New Zealand Company, the New Zealand Charter Party
(NZCP) must provide assistance to the Ministry in investigating any complaints, and may
make a separate investigation of complaints or concerns raised by foreign crew once
notified of the same.