In this Part of this Act—

Where any passenger arriving in New Zealand on board any ship is either lunatic, idiotic, deaf, dumb, blind, or infirm, and is likely to become a charge upon the public or upon any public or charitable institution, the Collector shall certify to that effect and shall require the owner, charterer, or master of such ship, within fourteen days after her arrival, to execute a bond to His Majesty in the sum of one hundred pounds for every such passenger.

Where such ship or its passengers have performed quarantine in accordance with any law for the time being in force, then the period within which the owner, charterer, or master shall be required to give such bond shall be within fourteen days after the discharge from quarantine of such ship or passengers.

Such bond shall be entered into with at least two sufficient sureties, who, together with the person giving the bond, shall be bound jointly and severally to pay to the Minister all moneys or expenses which may be laid out or incurred within the space of five years from the execution of the bond for the maintenance or support of such passenger by or in any public or charitable institution in New Zealand.

The said sureties shall justify before and to the satisfaction of the Collector, and shall by their oath or affirmation satisfy him, that they are resident in New Zealand, and are severally worth treble the amount of the penalty of such bond, over and above all their liabilities.

If any passenger for whom a bond has been given as aforesaid shall, at any time within five years from the execution thereof, receive maintenance or support from any public or charitable institution in New Zealand, the charges incurred for such maintenance and support shall be repaid as hereinafter provided out of the moneys collected under such bond to the extent of the penalty therein mentioned, or so much thereof as may be required.

It shall be the duty of the authority or person having the control or charge of such public or charitable institution to ascertain the right and claim of the Minister to payment of the amount so expended for the maintenance and support of any such passenger, and to report the same to him with all such information as may enable the Minister to recover the moneys due.

Such report shall be conclusive in the matter, and shall be evidence of the facts therein stated; and every such bond may be put in suit, and the penalty, or so much thereof as is required to defray the charges incurred in such maintenance or support, may be recovered on behalf of His Majesty in the manner provided by “The Crown Suits Act, 1908.”

All moneys recovered or received under any such bond as aforesaid shall be paid by the Minister to the public or charitable institution by or in which any such passenger has been maintained or supported as aforesaid.

If the owner, charterer, or master of any ship neglects or refuses to execute a bond in any case within the provisions of this Act within seven days after being required so to do as aforesaid he shall be liable to a fine not exceeding one hundred pounds, and the payment of such fine shall not be deemed to release him from executing such bond.

In any such case the ship shall not, either during or after the expiration of the said period of seven days, be cleared outwards unless the bond has been first executed and the said fine paid.

All fines incurred under this section shall be recoverable in a summary way before any two or more Justices.

The provisions of this Part of this Act shall not extend to immigrants brought to New Zealand either wholly or partly at the expense of the Government, nor to shipwrecked mariners brought to New Zealand without charge by the master of some other ship than that in which they were wrecked, nor to His Majesty’s land and sea forces.

This Part of this Act does not apply to—

1899, No. 33, sec. 2

Except in so far as is otherwise provided in this Part of this Act, it shall not be lawful for any person of any of the following classes (hereinafter called “prohibited immigrants”) to land in New Zealand, that is to say:—

1906, No. 65, sec. 2

This section shall not apply to shipwrecked persons.

Any person appearing to be a prohibited immigrant within the meaning of the last preceding section, but not coming within the meaning of paragraphs (b), (c), or (d) of that section, may lawfully land in New Zealand upon the following conditions, that is to say:—

If within such period he duly obtains such certificate, such deposit shall be returned to him and he shall cease to be subject to this Part of this Act; but if not, then by force of this Act such deposit shall be forfeited to His Majesty, and he shall be deemed to be a prohibited immigrant who has unlawfully landed in New Zealand:

Provided that the forfeiture of his deposit shall be deemed to be in satisfaction of the fine of one hundred pounds hereinafter prescribed, and also that no liability shall attach to the ship, its master or owners, by reason of his having landed, except the liability for the expense of his removal from New Zealand, and of his detention and maintenance in New Zealand pending such removal, as hereinafter prescribed.

Where any person, not being a prohibited immigrant, lands in New Zealand accompanied by his wife or children, such wife or children shall not be deemed to be prohibited immigrants.

Where any person landing in New Zealand satisfies an officer under this Part of this Act that he is or formerly was domiciled in New Zealand, and also that he does not come within the meaning of paragraphs (b), (c), or (d) of section fourteen hereof, he shall not be deemed to be a prohibited immigrant.

Every prohibited immigrant who unlawfully lands in New Zealand is liable to a fine of one hundred pounds, and also to be removed from New Zealand, and, pending such removal, to be detained in prison or other safe custody for any period not exceeding six months:

Provided that on payment of the said fine he may at any time be released from detention for the purpose of being removed from New Zealand, or upon his finding two approved sureties, each in the sum of fifty pounds, that he will leave New Zealand within one month.

In every case under the last preceding section the master and owner of the ship by which such prohibited immigrant was brought to New Zealand are jointly and severally liable to a fine of one hundred pounds in respect of each such immigrant; and also to defray the expenses incurred by the Government in removing any such immigrant from New Zealand, and in detaining and maintaining him in New Zealand pending such removal:

Provided that in the case of a prohibited immigrant within the meaning of paragraph (c) or (d) of section fourteen hereof no proceedings shall be taken against such master or owner after the expiration of three months from the date of the arrival of such vessel in any New Zealand port.

Where any prohibited immigrant is transhipped from one ship to another for the purpose of being brought to New Zealand, the provisions of this Part of this Act shall apply to both such ships, their masters and owners, in like manner as if such immigrant had been brought to New Zealand by both such ships.

No ship shall be cleared outwards from any port of New Zealand unless and until all the provisions of this Part of this Act relating to such ship, its master and owner, have been duly complied with, nor until all fines and other moneys payable by such master or owner have been fully paid, or have been duly secured by bond in manner hereinafter provided.

Where the Minister is of opinion that the master or owner of any ship has committed any offence, or made any default, or is liable for the payment of any fine or other moneys under this Part of this Act, he may by writing under his hand authorise any person, being an officer of Customs or a constable, to detain such ship.

Such detention may be either at the port or place where such ship is found, or at any port or place to which the Minister orders her to be brought.

For the purposes of such detention the person authorised to effect the same shall be entitled to obtain in the customary manner such writ of assistance or other aid and assistance in and about the detention of or other lawful dealing with the ship as would be available in the case of ships or goods seized under any Act relating to the Customs.

Such detention shall be for safe custody only, and shall be discontinued if a bond with two sufficient sureties to the satisfaction of the Minister is given by the master or owner for the full payment of all fines and other moneys then payable, or that may thereafter be adjudged to be payable, under this Part of this Act in respect of any such offence, default, or liability, including the costs incurred in and about the detention of the ship.

Where default is made by the master or owner of any ship in paying or in securing by bond as aforesaid the full payment of any fine or other moneys payable under this Part of this Act by such master or owner, such ship may be seized and sold under the provisions for seizure and sale of ships or goods contained in any Act relating to the Customs, and for that purpose the provisions of subsection three of the last preceding section shall, mutatis mutandis, apply.

The proceeds of such sale shall be applied—first, in payment of the costs incurred in and about the detention, seizure, and sale of the ship; secondly, in payment of all fines and other moneys payable under this Part of this Act as aforesaid by the master or owner; and the surplus (if any) shall be paid to the owner or other person lawfully entitled thereto.

For the purpose of removing from New Zealand any prohibited immigrant the Minister of Internal Affairs, or any person authorised by him, may make a contract with the master, owner, or agent of any ship for the passage of any such immigrant to the port or place whence he came, or to any port or place in or near to his country of birth.

Upon the contract being made such immigrant may, with his personal effects, be placed on board such ship by any officer under this Part of this Act, or by any constable, and the master shall keep such immigrant on board and (if necessary) under custody until the ship has sailed.

If the immigrant appears to be destitute, the officer placing him on board may supply him with such sum of money as the Minister of Internal Affairs, or any person authorised by him, certifies to be reasonably required in order to enable him to maintain himself for one month after disembarking from the ship at the end of the voyage

All moneys expended under this section shall be included in computing the expenses incurred in respect of the immigrant’s removal from New Zealand.

Every person is liable to a fine not exceeding one hundred pounds who in any way—

If any person wilfully assists any idiot or insane person to land in New Zealand, then, in addition to the fine imposed by this section, he is also liable for the cost of the maintenance of such idiot or insane person whilst in New Zealand.

The Governor in Council may from time to time, as he thinks fit,—

All sums of money and fines payable under this Part of this Act may be recovered in a summary manner on the prosecution of any officer under this Part of this Act or any officer of Customs.

Nothing in this Part of this Act shall apply to Chinese, but all Chinese shall be subject to the provisions of Part III of this Act in like manner as if this Part had not been passed.

If any ship arrives in any port or place in New Zealand having on board a greater number of Chinese (not being members of the crew) than in the proportion of one to every two hundred tons of the tonnage of such ship, according to the registry thereof if British, and if not, then according to the measurement prescribed by any Act for the time being in force regulating the measurement of British ships, the owner, charterer, or master of the ship shall be liable to a fine not exceeding one hundred pounds for each such Chinese so carried in excess.

The master of every ship having any such Chinese on board shall, immediately on his arrival in any port in New Zealand, deliver to the Collector a list of such Chinese, specifying the name, the place of birth, the apparent age, and the former place of residence of each such Chinese.

For any default in complying with this provision such master shall be liable to a fine not exceeding two hundred pounds.

Before making any entry at the Customs, and before any such Chinese are permitted to land, the master shall pay to the Collector one hundred pounds for every such Chinese; and no entry shall be deemed to have been legally made or to have any legal effect until such payment has been made:

Provided that this section shall not apply to any Chinese duly accredited to New Zealand by the Government of China, or by or under the authority of the Imperial Government, on any special mission.

If any master neglects to pay any such sum, or lands or permits to land any such Chinese at any place in New Zealand, or permits or suffers any such Chinese to escape from the ship before such sum is paid for or by such Chinese, with the intent in any of the above cases to evade the payment thereof, such master (in addition to such sum) shall be liable to a fine not exceeding fifty pounds for each such Chinese so landed or permitted to land or escape, and in addition the ship shall be forfeited, and may be seized, condemned, and disposed of in like manner as ships forfeited for a breach of any law relating to the Customs.

On payment of such sum in respect of any Chinese the Collector shall, without demand, forthwith supply each Chinese in respect of whom the payment is made with a certificate, in writing under his hand, of the payment of such sum.

Such certificate shall be in the form prescribed by regulations, and, whenever or wherever produced by such Chinese, shall be conclusive evidence on behalf of himself, and of any other person who may have paid such sum for him, that such sum has been duly paid.

Every such Chinese who enters or attempts to enter New Zealand without paying or having paid for him the sum of one hundred pounds aforesaid is liable, in addition to such sum, to a fine not exceeding fifty pounds, and in default of payment to imprisonment for twelve months unless the fine is sooner paid, and may be apprehended and taken before any Justice, who may take sufficient bail for his appearance at any sitting of a Magistrate’s Court at or nearest to the place where such Chinese may be, or remand him to such other Court as to such Justice seems fit, until such Chinese produces a certificate of payment as aforesaid.

Any ship on board which Chinese are transhipped from another ship and brought to any port or place in New Zealand shall be deemed to be a ship bringing Chinese into New Zealand from parts beyond New Zealand, and shall be subject to all the requirements and provisions of this Part of this Act, and all Chinese so transhipped and brought to such port or place shall be deemed to be Chinese arriving from parts beyond New Zealand.

On the arrival at any port or place in New Zealand of any ship having any Chinese on board as members of the crew, and before any person lands in New Zealand, the master of the ship shall, in the presence of an officer of Customs, muster the crew and give to such officer a list signed by the master containing the names and number of such members of the crew as are Chinese; and immediately before the departure of the same ship, and before receiving her clearance, the master shall again, in the presence of an officer of Customs and the Shipping Master, muster the crew, and satisfy such officer and Shipping Master that all the Chinese comprised in the said list are then on board and will leave New Zealand with the ship, or, if not then on board, have not landed in New Zealand.

All Chinese members of the crew as aforesaid in respect of whom the foregoing provisions of this section are not faithfully complied with shall be deemed to be Chinese who, not being members of the crew, have landed in New Zealand within the meaning of this Part of this Act, and the liabilities, penalties, and provisions thereof shall apply accordingly.

Subject to the provisions of the last preceding section, any Chinese member of the crew as aforesaid may from time to time go ashore in the performance of his duties in connection with the ship, but for no other purpose.

All sums and fines payable under this Part of this Act may be recovered in a summary manner before two Justices on the prosecution of some officer of Customs or other person authorised for that purpose by the Governor.

For the purpose of any proceeding under this Part of this Act the burden shall lie on the defendant of proving that he is exempt from the operation of any of such provisions; and it shall not be necessary in any information, summons, or conviction, or other document to state or negative any exception in or exemption under this Part of this Act.

At any hearing the Justices may decide upon their own view and judgment whether any person charged before them is a Chinese within the meaning of this Part of this Act.

The Minister of Finance, or any person authorised by him, may, on the application of any Chinese, and on being satisfied that such Chinese was, on the thirtieth day of March, one thousand eight hundred and eighty-two (being the date of the coming into operation of “The Chinese Immigrants Act, 1881”), a bona fide resident of New Zealand, and that he desires to be absent therefrom for a temporary purpose only, grant to such Chinese a certificate that he is exempt from the provisions of this Part of this Act for a time to be specified in such certificate.

During the time so specified the holder of such certificate shall be exempt from all payments under this Part of this Act.

Any Chinese to whom a certificate of exemption has been duly issued under section thirteen of “The Chinese Immigrants Act, 1881,” shall be exempted from payments under this Part of this Act.

Nothing in this Part of this Act shall apply to the officers or crews of any vessel of war of His Majesty the Emperor of China, who shall have all the privileges and immunities enjoyed by the officers and crews of vessels of war of any other friendly Power.

The following additional restrictions and provisions shall apply in the case of Chinese:—

Penalties. Ibid, sec. 4

This section does not apply to any teacher of the Christian religion duly accredited to the satisfaction of the Minister of Internal Affairs.

This section (which is a consolidation of “The Chinese Immigrants Amendment Act, 1907”) shall come into operation on the expiration of three months after His Majesty’s assent to that Act has been signified in manner provided by the Constitution Act; and on the coming into operation of this section the first-mentioned Act shall be deemed to be repealed.

Upon the conviction of any prohibited immigrant or Chinese under Part II or Part III of this Act, whereby he is adjudged to pay a sum of money, the Court, if it sees fit, may order that such sum or any part thereof shall be payable at some future day, not exceeding three months from the date of the order if made under Part II or two months if made under Part III of this Act; provided that in either case security by way of recognisance to His Majesty is given to the satisfaction of the Court for payment at the time and in the manner fixed by the order.

The Governor may from time to time, by Order in Council gazetted, make regulations for prescribing forms under this Act, inspecting ships, their passengers, crews, and papers, in order to enforce the provisions and prevent evasions of this Act, and generally for any purpose for which regulations are contemplated or required by this Act, or which he deems necessary in order to give effect to this Act, including the imposition of fines not exceeding fifty pounds for the breach of such regulations.

A copy of all such regulations shall, within ten days after the publication thereof, be laid before Parliament if sitting; if not, then within ten days after the commencement of the next ensuing session.

All sums and fines paid or recovered under this Act shall be paid into the Public Account and form part of the Consolidated Fund.

It shall be lawful for the Governor to remit the whole or any part of any fine, forfeiture, or sum of money of whatever description due or payable under Part II or Part III of this Act.