Yachties Stuck In New Zealand - Facing Expulsion

[kai kohola]

EASY WAYS TO GET INTO NZ
WITHOUT NZ PASSPORT OR RESIDENCY

1. Hitch a ride with Peter Thiel, Bill Gates or other rich listers on their private jet.

2. Sailing a foiling mono hull pretending to join the "Americas Cup". They are still, desperately looking for competitors and spectators.

3. Crew members on Superyachts are happily welcomed in NZ waters. Timing coincides with Americas Cup races. Official reason: urgent maintenance work

4. Rugby Players and netball girls always get exemptions no matter where they are from (UK, AUS ...)

5. Find a Maori girlfriend like a young German chap did: https://www.stuff.co.nz/travel/kiwi-...o-return-to-nz
He was able to travel to NZ accompanied by his GF Rusha Paenga and can happily stay in NZ ($6000 quarantine cost sponsored by NZ taxpayer.

https://www.youtube.com/channel/UCjX...ER08dayFglHEKg

[fxykty]

Originally Posted by Scotty Kiwi

An example is being made of them. As has been said on many Covid threads, NZ is very serious about it's elimination policy. The government is taking no avoidable risk. They're using these poor bastools to deomonstrate it.



They'll be on the next flight to Germany. Aside from Covid not allowing non-residents/citizens in, with few exceptions, having been removed, they'll be will be last on the list of exceptions, so unable to return. All possessions left on the vessel, and the vessel, incurring berthage/storage.



If they took two months from French Polynesia, that's an average speed of 2 knots. IF that's right, the boat (and/or crew) would seem to be close to hopeless. If the boat is hopeless no crew is going to deliver it anywhere for them, even if they had the money to pay delivery, and if there was a place to deliver it to.



I'm pretty certain that to sell a foreign boat in NZ it first needs to be imported, and that means 15% GST paid. You'd bet they've not got the cash for that, regardless of the value of the boat. So it can't be sold in a normal process.



Unless a reasonable kiwi takes ownership and pays their GST to do so.



So they've lost everything. Sad for them. I hope no-one else makes that kind of stupid dumb decision.

A non-imported boat can be legally sold in New Zealand. The buyer is responsible for exporting the boat before it’s TIE expires (TIEs are transferred along with the boat, not the ownership) or to import the boat, which entails GST at 15% and duty (European boats at 6%). If the buyer wants to import the boat into New Zealand then that cost is usually factored into the purchase price so that the seller bears at least half.

[fxykty]

Originally Posted by kai kohola

EASY WAYS TO GET INTO NZ

WITHOUT NZ PASSPORT OR RESIDENCY



1. Hitch a ride with Peter Thiel, Bill Gates or other rich listers on their private jet.



2. Sailing a foiling mono hull pretending to join the "Americas Cup". They are still, desperately looking for competitors and spectators.



3. Crew members on Superyachts are happily welcomed in NZ waters. Timing coincides with Americas Cup races. Official reason: urgent maintenance work



4. Rugby Players and netball girls always get exemptions no matter where they are from (UK, AUS ...)



5. Find a Maori girlfriend like a young German chap did: https://www.stuff.co.nz/travel/kiwi-...o-return-to-nz

He was able to travel to NZ accompanied by his GF Rusha Paenga and can happily stay in NZ ($6000 quarantine cost sponsored by NZ taxpayer.



https://www.youtube.com/channel/UCjX...ER08dayFglHEKg

Troll?

1/ hasn’t happened - myth
2/ legitimate challengers’ employees arrive under business exemption granted for the three competitors - legitimate
3/ they enter as employees of the super yacht and can only stay if they are part of the refit work - legitimate
4/ mixed, many competitions have been cancelled (e.g. ASB Tennis Championship next January) as competitors cannot enter without going through 14 days quarantine (sometimes less if coming from a low risk country and have multiple negative test results - Australian rugby team, but Argentinian and South African teams refused entry). UK rugby players not welcome - mixed legitimate/myth
5/ she’s a New Zealand citizen (race has nothing to do with it) and he is her common-law partner (well beyond a short term boyfriend). If they arrived before 11 August no charges apply, if after then $3100 for the first adult and $950 for the second, so just over $4k for the two of them. This represents about half the cost. - mixed legitimate/myth

[kai kohola]

Originally Posted by fxykty

Troll? Nope!


4/ mixed, many competitions have been cancelled (e.g. ASB Tennis Championship next January) as competitors cannot enter without going through 14 days quarantine (sometimes less if coming from a low risk country and have multiple negative test results - Australian rugby team, but Argentinian and South African teams refused entry). UK rugby players not welcome - mixed legitimate/myth

https://www.stuff.co.nz/sport/netbal...vid19-outbreak


5/ she’s a New Zealand citizen (race has nothing to do with it) and he is her common-law partner (well beyond a short term boyfriend). If they arrived before 11 August no charges apply, if after then $3100 for the first adult and $950 for the second, so just over $4k for the two of them. This represents about half the cost. - mixed legitimate/myth

https://youtu.be/UKoV4Z-FIzc

[Sectorsteve]

its true. why do people stick up for tyranny? coincidence theorists.

Originally Posted by fxykty

Troll?

1/ hasn’t happened - myth
2/ legitimate challengers’ employees arrive under business exemption granted for the three competitors - legitimate
3/ they enter as employees of the super yacht and can only stay if they are part of the refit work - legitimate
4/ mixed, many competitions have been cancelled (e.g. ASB Tennis Championship next January) as competitors cannot enter without going through 14 days quarantine (sometimes less if coming from a low risk country and have multiple negative test results - Australian rugby team, but Argentinian and South African teams refused entry). UK rugby players not welcome - mixed legitimate/myth
5/ she’s a New Zealand citizen (race has nothing to do with it) and he is her common-law partner (well beyond a short term boyfriend). If they arrived before 11 August no charges apply, if after then $3100 for the first adult and $950 for the second, so just over $4k for the two of them. This represents about half the cost. - mixed legitimate/myth

[Boatguy30]

First of all, like 5 or 6 yachts have entered on the refit exemption. I don't know the crew visa details, but I believe intial visa is only 3 months. The all blacks are currently griping about spending Christmas in quarantine. Turns out keeping borders "closed" is a bit tricky for years? At a time.

Also not allowing fruit pickers from Vanauatu as NZ doesn't trust that Vanauatu is actually Covid free!

Things will get a bit harry I suspect if owners and buddies are allowed in for AC. But it's all a bit tricky. Maybe just let the queen come like in the old days. Kiwis really are chuffed to have the cup back but allowing in only certain rich guys would surely (hopefully) be something of a scandal. Especially considering Jacinda's "in a position to own a yacht" comments a few weeks back.

[Montanan]

Originally Posted by fxykty

A non-imported boat can be legally sold in New Zealand. The buyer is responsible for exporting the boat before it’s TIE expires (TIEs are transferred along with the boat, not the ownership) or to import the boat, which entails GST at 15% and duty (European boats at 6%). If the buyer wants to import the boat into New Zealand then that cost is usually factored into the purchase price so that the seller bears at least half.

Visitors to New Zealand may import a yacht or small craft for up to 2 years without paying duty and GST or a financial security provided they meet all of the following criteria:

they are a permanent resident of a country other than New Zealand

the yacht or small craft will not be sold or offered for sale in New Zealand, or destroyed or given away without permission from Customs

the yacht or small craft will not be used commercially for hire, transport of cargo or carrying passengers.

Note: the qualifying criteria may be extended, on a case by case basis, to craft used for charter, provided the charter work is less than 65 per cent of the vessel’s time in New Zealand.

If the requirements above are not met, we will require a financial security and the yacht or small craft must be exported within 12 months.

If you’re moving to NZ, you may be able to import your craft without paying Customs duty and GST.

[fxykty]

Originally Posted by Montanan

Visitors to New Zealand may import a yacht or small craft for up to 2 years without paying duty and GST or a financial security provided they meet all of the following criteria:



they are a permanent resident of a country other than New Zealand



the yacht or small craft will not be sold or offered for sale in New Zealand, or destroyed or given away without permission from Customs



the yacht or small craft will not be used commercially for hire, transport of cargo or carrying passengers.



Note: the qualifying criteria may be extended, on a case by case basis, to craft used for charter, provided the charter work is less than 65 per cent of the vessel’s time in New Zealand.



If the requirements above are not met, we will require a financial security and the yacht or small craft must be exported within 12 months.



If you’re moving to NZ, you may be able to import your craft without paying Customs duty and GST.

That’s entirely correct, but in practice it seems to be trivial to get NZ Customs’s permission as there are many non-import boats for sale at any particular time.

[Montanan]

Originally Posted by fxykty

That’s entirely correct, but in practice it seems to be trivial to get NZ Customs’s permission as there are many non-import boats for sale at any particular time.

Indeed the permission is likely very easy to obtain once the financial security has been paid so as to make it legal to offer to sell. Bonding greases all temporary importations.

[Boatguy30]

Yes they are for sale but only sold "offshore" or imported before sale.

Most interestingly there are several NZ bound boats this year with Kiwi owners and foreign flags that will apparently get a 2 year TIE. Which also seems to be in direct violation of the rules so helpfully posted there.

I'm really rather shocked about it myself especially considering the current deficits.

[fxykty]

Originally Posted by Boatguy30

Yes they are for sale but only sold "offshore" or imported before sale.

Most interestingly there are several NZ bound boats this year with Kiwi owners and foreign flags that will apparently get a 2 year TIE. Which also seems to be in direct violation of the rules so helpfully posted there.

I'm really rather shocked about it myself especially considering the current deficits.

You would need to determine the actual ownership. AFAIK from personal experience (three entries into NZ on a foreign-flagged boat, while personally being resident in NZ) NZ Customs is always very diligent to confirm the ownership and the status of the boat in NZ. I find it very difficult to believe that a foreign-flagged boat with a NZ resident owner would get a TIE - that would be completely illegal. I’m sure you’ll find that those foreign-flagged boats with NZ citizens on board and getting TIEs are actually owned by someone else (or some company with non-NZ resident beneficiaries).

Note that the current travel rules do not care about the NZ Customs status of the boat - they only concern themselves with nationality of the people and whether the boat is NZ-flagged or foreign-flagged. Once Health and Immigration determine the eligibility of the people to enter NZ, then Customs comes along and determines the boat’s import status.

Regarding selling a non-imported boat in NZ, the brokers here have knowledge of how to structure the deals to comply with NZ Customs. Buyers are responsible for exporting a non-imported boat (or importing it). The status of the boat under the TIE shows the changed ownership and retains the existing TIE term. Immediate physical export of the boat is not required.

[RaymondR]

It will be interesting to see the outcome of the vessels seizure. Pondering on it I came to wonder what would be the legal case if the vessel was foreign flagged and the flag country refused to recognize the seizure as being legal.

[NevilleCat]

Well we always need permission to enter a foreign country yes?
If we just rock up, (or as in the case of Aus, turn up without giving the correct amount of notice) then expect security to come down hard.
CV19 regulations happen to override the normal tough maritime security at present.
Regulations are not always apparently logical.
No use whining really...submissions have been made to Govt relating to cruisers and Cyclone danger in the Pacific and been turned down (thousand live on the islands thru the season every year).
I feel sorry for those affected who have perhaps spent years planning for the cruise of their lives. But in this pandemic every one is impacted, many worse off.
Maybe we just suck it up.

[kai kohola]

Get lawyer involved and have High Court overrule current decision.

H.C. Judge Justice Walker
https://www.rnz.co.nz/news/national/...istry-decision

[RaymondR]

Extract from the link above:

"In the High Court ruling which was released today, Justice Walker said the case had the hallmarks of automatic rejection"

I suspect there is probably a lot of "automatic rejection" going on.