Immigration Control Ordinance

LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

Revised Edition 2014

CHAPTER XII

IMMIGRATION CONTROL ORDINANCE

Arrangement of sections

PART I — PRELIMINARY

  1. Citation
  2. Interpretation
  3. Appointment of immigration officers

PART II — INITIAL ADMINISTRATION AND CONTROL

  1. Powers and duties of immigration officers
  2. Restriction on certain vessels carry fare-paying passengers

PART III — CATEGORIES OF ENTRY CLEARANCE

  1. Grant of short-term entry clearance
  2. Long-term visitors
  3. Business visitors
  4. Grants of long-term and business entry clearances

PART IV — EXTENSIONS FOR SHORT- AND LONG-TERM VISITORS

  1. Short-term clearances may be extended
  2. Extension of long-term visits

PART V — ENTRY CLEARANCE FOR SETTLEMENT

  1. Permanent settlement

PART VI — PERMANENT RESIDENCE, SPECIAL PROVISION

  1. Status of certain persons born away from Pitcairn

PART VII — LOSS OF STATUS OF PERMANENT RESIDENCE

  1. Loss of permanent residence status by absence from Pitcairn

PART VIII — EXEMPTION FROM CONTROL

  1. Exemptions from application of this ordinance

PART IX — WORK PERMITS

  1. Restriction on visitors working

PART X — GENERAL PROVISIONS

  1. Application of laws
  2. Regulations
  3. Visitors to have travel insurance
  4. Forms
  5. Fees
  6. Exclusion of official liability
  7. Ordinance not to affect prohibition of entry by any law
  8. Punishment and mode of trial of offences
  9. Repeals, transition and savings
Ordinances:
No. 2 of 2006
No. 1 of 2010
No. 1 of 2014

An ordinance to control immigration of persons into Pitcairn Island to provide for their status, rights, obligations and disabilities and for related or incidental matters

PART I — PRELIMINARY

Citation

  1. This ordinance may be cited as the Immigration Control Ordinance 2006.

Interpretation

  1. (1) In this ordinance, unless the context otherwise requires,

    • dependant, in relation to a person, means
      • (a) the spouse of that person; and
      • (b) a child, step-child, adopted child, grandchild, parent, step-parent, grandparent, brother, sister, half-brother or half-sister of the person if the dependant is wholly or substantially dependant upon that person;
    • former ordinance means the Landing and Residence Ordinance 1954, renamed the Immigration Ordinance in 2003, and, where necessary, includes the Immigration Regulations 2003;
    • immigration officer means the Chief Immigration Officer or an immigration officer appointed under section 3;
    • owner, in relation to a vessel, shall include a corporate body;
    • Pitcairn and the Island mean Pitcairn Island;
    • Pitcairn Islands and the Islands mean Pitcairn Island and the territorial waters of the whole Pitcairn Group of Islands;
    • work permit means a permit granted in accordance with Part IX.

    (Amended by Ordinance No. 1 of 2014)

    (2) Any notice or other document sent by an immigration officer under this ordinance shall be deemed to have been received by the addressee in the ordinary course of post, delivery, facsimile or other form of communication, as the case may be, without proof thereof.

PART II — INITIAL ADMINISTRATION AND CONTROL

Appointment of immigration officers

  1. (1) The Governor may by notice published in the Islands appoint public officers to be immigration officers under this ordinance provided that the Mayor shall be ex officio the Chief Immigration Officer.

    (2) An immigration officer shall have the rights, powers, privileges and immunities of a police officer in the exercise of his or her duties under this ordinance.

Powers and duties of immigration officers

  1. (1) Subject to the following provisions, an immigration officer shall initially determine whether any person who wishes to enter the Island shall be allowed to land.

    (2) Every vessel arriving at Pitcairn Island shall cause its presence to be notified to the Chief Immigration Officer.

    (3) The master shall, immediately upon its arrival, deliver to an immigration officer, if so requested by him or her, a correct manifest containing the names and destinations of all passengers on such vessel; a master who fails to comply with this subsection is guilty of an offence.

    (4) An immigration officer may board any vessel and search any part thereof for the purpose of exercising any part of his or her duties under this ordinance.

    (5) An immigration officer may question and search any person who arrives at Pitcairn Island for the purpose of establishing his or her nationality, identity and status:
    Provided that every person shall be searched by an immigration officer of the same gender.

    (6) A person arriving at Pitcairn Island wishing to obtain leave to enter shall produce to an immigration officer a valid passport.
    (Amended by Ordinance No. 1 of 2014)

    [(7) A person arriving at Pitcairn Island must –

    • (a) have a valid entry clearance issued by an immigration officer; or
    • (b) qualify as a short-term visitor under Part III, section 6 of this Ordinance; or
    • (c) qualify as exempt from control under section 15(2) of this Ordinance.]

    (Repealed and replaced by Ordinance No. 1 of 2014)

    (8) An immigration officer may refuse leave to enter if he or she is not satisfied that the applicant for an entry clearance did not make a false statement to obtain entry.

    (9) Where the immigration officer is not satisfied that the requirements of this ordinance have been complied with, he or she may refuse such person seeking to enter Pitcairn Island permission to do so and shall direct the master of the ship on which he or she arrives to remove that person from Pitcairn on that ship. The Chief Immigration Officer shall notify the applicant that leave to enter has been refused and give the reasons for refusal. The Chief Immigration Officer shall also inform the applicant that there is no right of appeal against the decision. Failure by the master to comply with that direction shall be an offence.

    (10) Without prejudice to the powers and duties provided for in the foregoing subsections, an immigration officer who reasonably suspects that the presence of any person on the Island is in contravention of any provision of this ordinance may detain such person for a period not exceeding forty-eight hours. Any person so detained shall be deemed to be in lawful custody.
    [Provided that where such a person is a child then the immigration officer shall ensure that he or she is treated appropriately according to his or her age and that he or she is in the care of his or her parents or another responsible adult.]
    (Amended by Ordinance No. 1 of 2014)

Restriction on certain vessels carrying farepaying passengers

  1. (1) The Master, or any other responsible officer, of any vessel carrying more than four fare-paying passengers must apply to [an immigration officer] at least ten days in advance for permission to call at the Island. In default of permission having been obtained the passengers of the vessel will be ineligible to seek entry clearance on arrival.
    (Amended by Ordinance No. 1 of 2014)

    (2) Subject to subsection (3), an application under subsection (1) may be refused if the Governor, in his absolute discretion and without stating the reasons, considers that the arrival of the vessel in question may be hazardous on maritime grounds or for any other security risk or that the required landing fees may not be paid or for any other reason the application should not be granted in the public interest.

    (3) The Chief Immigration Officer may in his or her discretion exempt any particular vessel carrying more than four fare-paying passengers from the application of this section if this is deemed to be in the public interest.

PART III — CATEGORIES OF ENTRY CLEARANCE

Short-term visitors

Grant of short-term entry clearance

  1. (1) The Chief Immigration Officer or any immigration officer or police officer authorised to act on his or her behalf shall be entitled to grant leave to enter to any person arriving and undertaking to depart on the same vessel after a visit not exceeding 14 days.

    (2) The immigration officer may refuse the application on any of the following grounds

    • (a) that he or she is not satisfied that the applicant intends to leave within 14 days on the same vessel;
    • (b) that he or she considers the applicant to be likely to pose a security or health risk;
    • (c) that the applicant has not arranged adequate accommodation or is likely to become a charge on public funds, including any medical expenses;
    • (d) that the applicant is unable to pay the required landing fee;
    • (e) that the applicant is prohibited from landing by order of the Governor or by another authority binding upon the officer;
    • (f) that the applicant does not hold a valid passport or other travel document;
    • (g) that the applicant has arrived on a charter vessel carrying more than four fare-paying passengers for which no prior application has been made nor an exemption granted by the Chief Immigration Officer.

    (3) If the applicant meets the criteria in subsection (2), the officer shall endorse his or her passport with a stamp signifying that the applicant has leave to enter for a maximum period of fourteen days.

Long-term visitors

Long-term visitors

  1. (1) This section applies to persons who do not qualify as short-term visitors under section 5 but intend to remain on the Island for less than six months.

    (2) Applicants for long-term visit entry clearance must apply on the specified form in advance of arrival to [an immigration officer].
    (Amended by Ordinance No. 1 of 2014)

    (3) The consideration and disposal of such applications shall be in accordance with the procedure prescribed in this ordinance.

Business visitors

Business visitors

  1. (1) This section applies to professional, business and commercial persons of all varieties who wish to enter Pitcairn by reason of their calling or occupation, whether or not their visit is intended to generate any profit, income, reward or assets whatever.

    (2) Every person to whom subsection (1) applies, including news crews, makers of documentary films, researchers, and charter operators, must obtain a business visit entry clearance by application on the specified form to [an immigration officer] upon the disclosure of such information and the payment of such fees as may be prescribed.
    (Amended by Ordinance No. 1 of 2014)

    (3) The validity of a business entry clearance will expire on the expiration of the stated purpose of the holder’s visit or any extension thereof which may in the discretion of the Chief Immigration Officer be permitted under section 10, prior to the expiry of the term of the existing permission. The holder must depart from the Island thereafter as soon as possible. Failure to do so will be an offence.

Grants of long-term or business clearances

Grants of long-term and business entry clearances

[9 (1) Where section 7 or 8 applies, an immigration officer, after consultation with the Governor, shall be entitled to grant leave to enter to any person as:

    • (a) a long-term visitor with entry clearance for up to 6 months; or
    • (b) a long-term visitor with entry clearance for up to 3 months; or
    • (c) a business visitor;

as the case may be.

(2) An application for a long-term or business clearance will be refused in all cases where the immigration officer or the Governor are not satisfied that:

    • (a) the applicant has truthfully stated his or her circumstances and intentions in wishing to travel to the Islands; and
    • (b) the applicant will leave the Islands at the end of the specified stay or will apply for an extension as required; and
    • (c) the applicant has sufficient funds for support of the applicant and any dependants and has arranged adequate accommodation; and
    • (d) the applicant will not seek work on Pitcairn unless prior authorisation has been granted by the Island Council; and
    • (e) it is in the public interest to grant entry to the applicant; and
    • (f) in the case of an applicant intending to benefit professionally or commercially, he or she will respect the culture and heritage of Pitcairn; and
    • (g) the person is not otherwise prohibited from entering by order of the Governor or otherwise by reason of any restriction of national or international law; and
    • (h) the applicant holds a valid passport or travel document; and
    • (i) the applicant will not pose a security or health risk.]

(Repealed and replaced by Ordinance No. 1 of 2014)

PART IV — EXTENSIONS FOR SHORT- AND LONG-TERM VISITORS

Short-term clearances may be extended

  1. (1) When any visitor has been granted leave to enter in accordance with the provisions of section 6, he or she may apply, after having landed under that authority but no later than the prescribed duration of that visit, to the Chief Immigration Officer for an extension of the visit by a period of not more than five months.

    (2) After ascertaining the grounds upon which an application is made under subsection (1), the Chief Immigration Officer shall refer the application to the Island Council who shall submit the same to the [Governor], together with its recommendation, for decision.
    (Amended by Ordinance No. 1 of 2014)

    (3) If the application is granted the visitor will thereafter be deemed to be a long-term visitor.

Extension of longterm visits

  1. Any long-term entry clearance granted under the provisions of section 7 may be extended during, but not after, the term of the visit specified, by application to the Island Council who shall refer the same to the [Governor], together with its recommendation, for decision. The holder of such entry clearance must depart from the Island on the expiry of his or her permitted visit if he or she has not obtained or applied for an extension. Failure to depart will be an offence.
    (Amended by Ordinance No. 1 of 2014)

PART V — ENTRY CLEARANCE FOR SETTLEMENT

Permanent settlement

  1. (1) This section applies to persons wishing to enter Pitcairn for permanent settlement indefinitely within the following categories
    • i. spouses (whether legally married or not) and dependant children of a person lawfully residing on Pitcairn or admitted for settlement;
    • ii. persons wishing to join other members of their families, namely, the children or parents or siblings of the applicant who are permanent residents of Pitcairn Island or have been granted entry for settlement;
    • iii. persons (including their dependant children) not having the family ties referred to in paragraphs (i) and (ii) but who wish to move to Pitcairn to live and who have relevant skills which would contribute to the welfare of the Pitcairn community.

[(2) Persons within the categories described in subsection (1) must apply for settlement entry clearance on the prescribed form to an immigration officer. The applicant must also provide to the immigration officer a certificate or letter from the Police of every jurisdiction in which they have resided disclosing whether they have any convictions for any offences and if so the nature of those convictions. The immigration officer will refer the application to the Island Council, which will consider the matter and convey its recommendation to the Governor stating the reasons for its decision. The Governor will make the final decision on whether to grant or refuse settlement entry clearance.]
(Repealed and replaced by Ordinance No. 1 of 2014)

(3) Criteria for granting a settlement entry clearance will be —

    • (a) proof of the family relationship relied upon under paragraphs (i) or (ii);
    • (b) arrangement in advance of adequate accommodation for applicant(s) including dependants and the means to construct a separate dwelling after two years;
    • (c) not to be a charge on public funds (including dependants) for any reason including medical condition;
    • (d) in the case of category (iii), particulars of ability to support applicants and families and details of their potential contribution to the community, to the satisfaction of the Island Council and the Governor;
    • (e) the intention of the applicant to remain permanently on the Island for the indefinite future without retaining a domicil in any other country;
    • (f) the conclusion of the Governor in his absolute discretion that the granting of settlement entry clearance is likely to be in the public interest.

(4) In the event that the Governor approves the granting of a settlement entry clearance the applicant will be issued with an entry clearance permit. This must be presented on arrival at the Island to an immigration officer by the applicant(s) within twelve months of issue. Failure to do so will render it null and void. Subject to the provisions of Section 4(8), the applicant will be granted leave to enter by the immigration officer which shall be reviewed after two years by the Island Council whose recommendation with detailed reasons shall be sent to the Governor for final decision. The recommendation may be that

    • i. permanent residence be granted;
    • ii. permanent residence be refused;
    • iii. the decision should be deferred for a further twelve months for the final decision of the Governor for reasons stated.

(Amended by Ordinance No. 1 of 2014)

(5) If permanent residence is granted, the Governor will convey this in writing and the immigration officer will endorse the applicant’s passport accordingly with a stamp signifying the grant of status of permanent resident.

(6) If permanent residence is refused by the Governor the applicant will be informed of the reasons in writing and required to leave the Island;

(7) If the Governor directs in accordance with the recommendation of the Council that the decision be deferred for 12 months, the Governor’s decision after that period shall be final and shall not be called into question in any proceedings in any court whatever.

PART VI — PERMANENT RESIDENCE SPECIAL PROVISION

Status of certain persons born away from Pitcairn.

  1. Any person born away from Pitcairn to a parent having at that time the status of permanent residence, who returns to the island with that parent whilst under the age of 5 years, shall be entitled to be granted permanent residence.

PART VII — LOSS OF STATUS OF PERMANENT RESIDENCE

Loss of permanent resident status by absence from Pitcairn

  1. After the commencement of this ordinance, any person to whom the status of permanent residence has been granted who is absent from Pitcairn for more than an aggregate of 48 months during any continuous period of 5 years shall lose that status by operation of law.

PART VIII — EXEMPTION FROM CONTROL

Exemptions from application of this ordinance

  1. [(1) Subject to subsection (2), no person who arrives at Pitcairn shall enter or remain in Pitcairn unless he or she is authorised to do so by an entry clearance issued under this Ordinance.]
    (Inserted by Ordinance No. 1 of 2014)

    [(2) Subsection (1)] does not apply to the following

    • (a) [Persons who have the right of abode in Pitcairn under the Right of Abode Ordinance 2010];
    • (b) any person who immediately before the commencement of this ordinance held the status of permanent resident granted by the Governor under the provisions of section 4(2A) of the former law;
    • (c) any person having obtained the status of permanent resident in accordance with the provisions of section 12 or section 13;
    • (d) [the Governor, Deputy Governor, Attorney General, judicial officers, public officers and official representatives of the government of the United Kingdom;]
    • (e) any person visiting the Islands at the request or with the consent of the Governor for the purpose of providing specialist services or undertaking scientific or other research;
    • (f) any class of persons exempted by the Governor.

    (Amended by Ordinance No. 1 of 2010)
    (Amended by Ordinance No. 1 of 2014)

    [(3)] For the avoidance of doubt, nothing in [this section] is intended to affect the provisions of the Local Government Ordinance as to qualification for voting or candidature for office.
    (Amended by Ordinance No. 1 of 2014)

PART IX — WORK PERMITS

Restriction on visitors working

  1. (1) This section applies to every person who

    • (a) has not been granted entry for settlement; or
    • (b) has not been granted the status of permanent resident; or
    • (c) is not otherwise exempt from control by any of the provisions of section 15.

    (2) No person to whom this section applies shall be entitled to take up paid employment or enter into business on the Island unless his or her intention to do so has been expressly disclosed to the Island Council and has been approved in writing or permission has been later obtained in writing on-Island from the Island Council or the Governor.
    (Amended by Ordinance No. 1 of 2014)

PART X — GENERAL PROVISIONS

Application of law

  1. This ordinance and any regulations made thereunder shall have force and effect on Pitcairn Island and in the territorial waters of the Pitcairn Group of Islands.

Regulations

  1. The Island Council may from time to time, with the approval of the Governor, make regulations for the proper carrying into effect of the objects and purpose of this ordinance.

Visitors to have travel insurance

  1. All visitors to Pitcairn are required to have adequate travel insurance including medivac cover.

Forms

  1. The Pitcairn Island Office at Auckland and the Chief Immigration Officer at Pitcairn will supply forms free of charge in conformity with the requirements of this ordinance.

Fees

  1. (1) Fees payable under this ordinance shall be as prescribed from time to time by notice of the Chief Immigration Officer with the approval of the Governor. No fee payable for an application shall be refundable whatever the outcome.
    (Amended by Ordinance No. 1 of 2014)

    (2) The parents and the children (including adopted and step-children) of persons lawfully residing on Pitcairn are exempt from all entry clearance landing fees, other than settlement clearance entry/landing fees.

    (3) The Island Council may from time to time in exceptional circumstances recommend to the [Governor] that relatives of persons lawfully residing on Pitcairn other than those specified in subsection (2) may be so exempted from fees.
    (Amended by Ordinance No. 1 of 2014)

    (4) The Chief Immigration Officer has power to waive all landing fees for crews of cruise and cargo ships where they will be working ashore to unload goods or disembark passengers or if he or she deems it to be in the public interest.

Exclusion of official liability

  1. (1) Where any person visiting the Islands, whether pursuant to any permit or clearance issued under this ordinance or not, sustains any damage to or loss of property or suffers personal injury or death by accident, there shall be no liability in law for compensation or damages arising directly or indirectly out of such damage, loss, injury or death, notwithstanding any rule of law or any enactment to the contrary, on the part of the Crown, the Governor, the Island Council or any member or members thereof, or any person by virtue of any statutory function or duty, or any other person acting in any function or capacity as servant, employee, agent or delegate of the Crown, the Governor or the Island Council.

    (2) Without prejudice to the generality of subsection (1), the act of visiting the Islands shall be deemed to commence, if landing by means of a Pitcairn boat, at the moment of boarding it from another vessel or, if landing by other means, at the moment of stepping ashore; and to end, if departing by means of a Pitcairn boat, at the moment of leaving it to board another vessel or, if departing by other means, at the moment of leaving the shore.

Ordinance not to affect prohibition of entry by any law

  1. Nothing in this ordinance shall be construed so as to confer a right of entry into Pitcairn Island of any person whose entry is expressly forbidden by any law in force in the Islands.

Punishment and mode of trial of offences

  1. Every offence prescribed by this ordinance shall be
    • (a) punishable by a fine of $1000 or imprisonment for a period of 6 months or both;
    • (b) triable either summarily by the Magistrate’s Court or on information by the Supreme Court, in each case at the election of the Public Prosecutor.

Repeals, transition and savings

  1. (1) The former law, namely the Landing and Residence Ordinance 1954 (re-named as the Immigration Ordinance by Ordinance No. 8 of 2003) and the Immigration Regulations 2003 are, subject to subsection (2), hereby repealed.

    (2) Any person who immediately before the commencement of this ordinance has been normally resident on Pitcairn for not less than two years may at his or her option continue to so reside until his or her aggregate residence exceeds four years and then to apply to the Governor for a grant of status as a permanent resident as though section 4(2A) of the former law had not been repealed or to seek the recommendation of the Island Council to the Governor under the application of section 12(4) of this ordinance.

    (3) All references in other ordinances or subsidiary legislation to the status of permanent resident by reason of a grant under section 4(2A) of the former law shall from the commencement of this ordinance be construed as such a grant or as a decision of the Governor under section 12 (4) of this ordinance.

    (4) Notwithstanding the foregoing provisions of this section, any permit or other permission and any notice, form, order, direction or other authority given, issued, granted or made before the commencement of this ordinance shall continue to be valid and have effect for such period as is stated therein or until replaced under the provisions of this ordinance.

SCHEDULE

(Repealed by Ordinance No. 1 of 2014)

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