New Zealand Immigration Officer Making Wild Claims

[Piglet]

Note to self: buy a fixer upper boat, get it to NZ and over stay the visa. They pimp your ride for free!!

[hellosailor]

390, hard to read and not clear on what it refers to.

528, AH. Thank you, that does paint a whole different light.

Wow, it ain't 1950 any more? Who'da thought? (sigh)

Time to clean the tempest out of this teapot.

[pdf27]

To make sense of #390 you need to read it in conjunction with the relevant bit of the immigration act.
Basically if someone overstays their visa long enough to be deported they can either be jailed for up to 28 days or the immigration officer can come to a voluntary agreement with them to expedite their departure. #390 is the official form recording that agreement.

[David_Old_Jersey]

So Mr Immigration has a big stick! (28 days in clink!) - which means that OP agreed to the inspection (with the other no jail option being a quick flight out).......hard choices, but choices nonetheless.

[NoTies]

Congratulations Sean. Through your selfish actions and bludging lifestyle you have made it harder for everyone in your wake. I don't think you will be receiving any medals for services to yachting.

[DumnMad]

One of the reasons our officers are generally so nice is that we have accessible politicians and we kick up a fuss if individual officers act like bullies, and, we have a tendency to side with the underdog and write letters to that effect.

[DavefromNZ]

In the NZ Herald today:


An American overstayer has been banned from sailing from the Bay of Islands for the Pacific Islands because his yacht is unsafe.

The restrictions on Sean D'Epagnier and his 8.2m Bristol sailboat Alexandra come as questions are asked about whether foreign-flagged vessels should be better checked for seaworthiness before they leave New Zealand.

The Herald on Sunday has learned of concerns in the yachting community about the state of the missing schooner Nina before it left New Zealand.

A source who did not want to be named said the 85-year-old schooner had not been out of the water for three years and was starting to show structural failings, even though it was in immaculate condition above the water.

Maritime NZ said yesterday that the search for Nina had been suspended.

The six Americans and one Briton on board the United States-flagged yacht have made no contact since seven days after leaving the Bay of Islands for Australia on May 29.

Maritime NZ regional compliance manager Deane Ingram confirmed the agency was involved in the Alexandra case.

The authority spoke to owners of foreign-flagged recreational vessels if there were concerns about safety and could put a detention notice on them, he said.

"We do it on behalf of the New Zealand public because ... the cost of search and rescue far exceeds the cost of a maritime officer spending a day checking the vessel."

That had to be balanced with wanting to maintain New Zealand's popularity as a destination for recreational sailors. "We don't want to deter them from coming."

Ingram said they had not been told of any problems with Nina, nor did he know if the missing yacht had had a category one yacht survey, as was required for New Zealand-registered vessels before they left home waters.

Whangarei marina sources rated Nina skipper David Dyche very highly.

The Nina did meet at least one requirement of the survey - it was carrying a manually-activated emergency locator beacon.

The beacon had not been activated, he said.

"If it had we'd know where they were within 10 to 15 minutes."

An Immigration NZ spokeswoman said the department was working with D'Epagnier and had agreed he could live on his sailboat in a Bay of Islands boatyard while a seaworthiness inspection took place. His visitor visa expired in February.

D'Epagnier was working on his dry-docked yacht in Opua yesterday, but declined to comment.

He has told friends he wants to leave New Zealand but has been told he must check metal around his rudder is not corroded and install a new light on his mast.

The move has outraged one of his friends, off-shore cruising sailor advocate David Howie, who believes Maritime NZ is making a political example of D'Epagnier.

"I think they've pulled this out of the drawer," he said. "I know there are some people at Maritime NZ who want to use this."

Classic Yacht Association of New Zealand committee member Ian Gavin said he was undecided about whether the seaworthiness rule should be extended to foreign-registered boats.

"It's a hard one because we have such a large piece of ocean that we are responsible for. But we've also got to make sure we're not becoming too much of a nanny state and going overboard with the rules."


Seagoing sagas

January 2011: Malcolm Waddilove went missing after leaving Opua for Australia. Northland coroner Brandt Shortland found the British sailor probably drowned after setting sail on a yacht that was "not seaworthy".

May 2013: The historic schooner Nina leaves Opua with seven people on board. After the crew stops communicating by radio and satellite phone, an extensive air, sea and coastal search is launched. Maritime NZ suspended the search yesterday, with no sign of the Nina or its crew.

July 2013: Maritime NZ bans American overstayer Sean D'Epagnier from sailing out of the Bay of Islands, because his yacht is deemed unsafe.

[Delfin]

Re: Mr. Waddilove's disappearance, those rascally Kiwis offered him free heart bypass surgery before he left, illegally, for Oz. He refused the surgery. Maybe he was upset because they didn't throw in the free bottom paint deal they offered Mr. D'Epagnier? Nightmare nanny state, by all accounts.

Missing yachtie did everything wrong - police - National - NZ Herald News

[LBW399]

I was all for this guy, until I learnt all the facts.
I have nothing against him sailing anywhere he wants, and all that.
But he is taking the piss because he did not give full facts at the start that he overstayed his visa.
Borrow $500 and paint the boat and get the rigging tidied up a bit so it looks good enough to the officials-- then piss off.
All low budget sailors that come to NZ will now be treated with more suspicion. I am all for "green sailing", and doing it all on the smell of an oliy rag--hell I am broke myself. But if you bludge off our country and overstay your legal welcome then you open yourself up to being labelled a longhaired punk loser who needs a shower.
There is an old saying "Look like a cricketer even if you can't play."

I have to laugh at what some of the yanks have posted in this thread. Everyone has the 'right to bear arms' in your country, but you almost need a licence to be able to fart to windward on a boat in your country--which is why people like the Pardeys and a few other famous American sailors call NZ home.

[sctpc]

Well if NZ are offering free Yachtie services I could pop over Im about to do a $10 refit my boat is in good nic just needs update and coming up to 10 years for rigging ect.

I can pop on the 2013 All Points Rally- (Free rally) “All Points” rally – Registrations Open | Island Cruising Association and then they can fix my boat to cat1 No Problemo.

[Delfin]

Originally Posted by Kiwi399

I have to laugh at what some of the yanks have posted in this thread. Everyone has the 'right to bear arms' in your country, but you almost need a licence to be able to fart to windward on a boat in your country--which is why people like the Pardeys and a few other famous American sailors call NZ home.

I had no idea I needed a license, although my wife will probably be pleased....

Actually, U.S. laws are pretty benign, boating-wise. Current flares, life jackets for all, don't be obviously drunk, don't flush your johnnie close to shore - that's all I can think of. That said, it is clear that you folks are tolerant to the point of fault, which is how I found the Aussie's when I lived there. Hoping to visit on Delfin at some point, even though I will no doubt be slapped around by jack booted thugs trying to force free health care and bottom paint on me when I try to leave.

[LBW399]

Originally Posted by Delfin

I had no idea I needed a license, although my wife will probably be pleased....

Actually, U.S. laws are pretty benign, boating-wise. Current flares, life jackets for all, don't be obviously drunk - that's all I can think of. That said, it is clear that you folks are tolerant to the point of fault, which is how I found the Aussie's when I lived there. Hoping to visit on Delfin at some point, even though I will no doubt be slapped around by jack booted thugs trying to force free health care and bottom paint on me when I try to leave.

Hi there Deflin,
Well you need to put me straight then mate, because I can handle being told I am wrong....but I have read numerous accounts of american boat owners bemoaning the red tape that they as boatowners (granted I am including all craft here not just sailboats) are subject to in their home waters, and find it such a relief when they go to UK or down here to NZ.

Cheers.

[atoll]

Originally Posted by Kiwi399

I was all for this guy, until I learnt all the facts.
I have nothing against him sailing anywhere he wants, and all that.
But he is taking the piss because he did not give full facts at the start that he overstayed his visa.
Borrow $500 and paint the boat and get the rigging tidied up a bit so it looks good enough to the officials-- then piss off.
All low budget sailors that come to NZ will now be treated with more suspicion. I am all for "green sailing", and doing it all on the smell of an oliy rag--hell I am broke myself. But if you bludge off our country and overstay your legal welcome then you open yourself up to being labelled a longhaired punk loser who needs a shower.
There is an old saying "Look like a cricketer even if you can't play."

I have to laugh at what some of the yanks have posted in this thread. Everyone has the 'right to bear arms' in your country, but you almost need a licence to be able to fart to windward on a boat in your country--which is why people like the Pardeys and a few other famous American sailors call NZ home.

kiwi getta hold of yer self you probably live in one of the best countries in the world,it is my belief that the boys in the immigration would never be able to show their faces in their local if they sent the op out to sea in the boats current condition,the guy may be a wonker,but nobody can accuse the immigration of not giving him a leg up which is far more than he would have got in your neighboring islands.

i cite the case of a catamaran that had to leave fiji recently after being damaged on a reef,and nearly foundering on its way to vanuatu,being forced to leave for overstaying,before proper repairs were completed .
perhaps someone can find that thread and post a link

[Delfin]

Originally Posted by Kiwi399

Hi there Deflin,
Well you need to put me straight then mate, because I can handle being told I am wrong....but I have read numerous accounts of american boat owners bemoaning the red tape that they as boatowners (granted I am including all craft here not just sailboats) are subject to in their home waters, and find it such a relief when they go to UK or down here to NZ.

Cheers.

Maybe I lead a sheltered life, but I just haven't experienced that. I pay a state excise tax once a year, which in my state is how they pay the bills because we don't have a state income tax. I've been boarded by the Coast Guard a few times, but mostly in the winter when they are bored and want something to do. I don't need a license of any kind, and like I said, other than basic safety equipment (including fire extinguishers, which I forgot), you're treated quite deferentially by the odd official you run into. I really just can't think of any imposition I've encountered in 30 years of being on the water most of the time.

Course, maybe they're afraid to mess with me because they may know I carry enough firepower on board to take over most small South American countries... Speaking of which, should I leave my mini-gun home if I visit New Zealand?

[LBW399]

Originally Posted by atoll

kiwi getta hold of yer self you probably live in one of the best countries in the world,it is my belief that the boys in the immigration would never be able to show their faces in their local if they sent the op out to sea in the boats current condition,the guy may be a wonker,but nobody can accuse the immigration of not giving him a leg up which is far more than he would have got in your neighboring islands.

i cite the case of a catamaran that had to leave fiji recently after being damaged on a reef,and nearly foundering on its way to vanuatu,being forced to leave for overstaying,before proper repairs were completed .
perhaps someone can find that thread and post a link

Not quite sure where you are coming from? You agree with me that he is taking the mick or not?

If you are talking about letting him go if his boat is not up to scratch? Bill Sellers already won that case a number of years ago (his boat was up to scratch sans liferaft). I could not care less if he had glory holes all over his boat and played russian roulette with sharks.
If he wasn't an overstayer then the state of his boat would not be have even come into the picture.
The guy is more of a sailor than me, and more of a sailor than probably most whom post on this board whom post from a comfy chair with a cup of tea and a heater to warm the legs.
However, he is also an overstayer--and as such should be deported immediately. They are being generous in giving him time to fix his boat up a bit. I know what woud happen to me if I was in the States and overstayed my welcome.