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Niue Permit Ordinance 1927

NIUE

NIUE PERMIT ORDINANCE 1927
No. 29

PERMIT AMENDMENT ORDINANCE 1956 ORDINANCE 1956, No. 48

ANALYSIS

Title
1. Short Title

PART I - OVERSEAS TRAVELLING PERMITS

2. Permit to depart
3. Exemptions
4. Expiration of permit
5. Withdrawal of Permit
5A. Satisfactory evidence may be required

PART II - CLEARING OF OVERSEAS VESSELS

6. Production of permit for inspection
7. Person to have permit in his possession
8. Control of departure on board ship
9. Offences and penalty

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NIUE PERMIT ORDINANCE 1927
1927, No. 29

An Ordinance to regulate and control the emigration of [Niueans] from Niue (15 March 1927).

1 Short Title - This Ordinance may be cited as the Niue Permit Ordinance 1927.

PART I - OVERSEAS TRAVELLING PERMITS

2. Permit to depart - (a) No person shall depart or attempt to depart from the Island of Niue for any place beyond the seas unless such person is in possession of a permit (hereinafter referred to as a travelling permit) issued to such person by the Resident Commissioner to visit New Zealand or some other place beyond the seas named in such permit.

(b) All applications shall be made to the Resident Commissioner for such permits and must be made at least seven days before the expected arrival of the vessel on which it is desired to travel.

(c) A fee, to, be determined from time to time by the Resident Commissioner, but not to be less than one shilling, will be chargeable for each permit.

3. Exemptions - The preceding section shall not apply to -

(a) Any person who leaves the Island of Niue in the course of the same voyage of the ship by which such person arrives in the Island; or to

(b) Any person returning from the Island of Niue to New Zealand, or to any other country, if such person is in possession of a permit to visit the Island of Niue, issued under the authority of the Government of New Zealand, or such other country and endorsed for the return journey by the Resident Commissioner; or to

(c) Any person in respect to whom the Resident Commissioner may see fit to grant an exemption from the requirements of the preceding section; or to

(d) Any person in possession of a passport under which such person is entitled to proceed overseas from Niue.

4. Expiration of Permit - An overseas permit shall cease to be in force for leaving the Island of Niue on the expiration of three weeks from the date thereof.

5. Withdrawal of Permit - Any overseas permit may at any time be withdrawn by the Resident Commissioner while the person to whom it is issued is on the Island of Niue, by notice in writing to such person.

[5A. Satisfactory evidence may be required - Before granting a travelling permit to any person the Resident Commissioner may require such person to produce satisfactory evidence:

(a) That he has arranged satisfactory accommodation for himself and for any dependents who may be accompanying him in the country to which he intends to travel, and

(b)That he has sufficient money to maintain himself and any dependents who may be accompanying him during the voyage to such country and for a period of not less than two weeks after his arrival in such, country.]

[This section was inserted by section 2 of the Niue Permit Amendment Ordinance 1956.]

PART II - CLEARING OF OVERSEAS VESSELS

6. Production of permit for inspection - Every person found on board any ship which is about to leave the Island of Niue shall, on demand of any officer of police or of Customs, or of the master or any officer of such ship, state whether he is in possession of a travelling permit, and must produce such permit for inspection to any officer or master. Any person refusing or failing, without reasonable cause, to produce such permit shall be guilty of an offence.

7. Person to have permit in his possession - No person to whom a travelling permit as been issued shall go or be on board any ship which is about to leave Niue without having such permit in his possession.

8. Control of departure on board ship - (1) It shall be the duty of the master of every vessel about to proceed overseas to cause all persons not entitled to sail as members of the crew or as bona fide passengers to leave such vessel at least one hour before the advertised time of departure, and to afford such facilities by mustering the crew or otherwise as may be reasonably required by any officer of Customs or police for ascertaining that no persons except such as are entitled to sail as aforesaid are aboard.

(2) Any person except such as are entitled to sail as aforesaid found aboard within one hour of the advertised time, without written permission of the Resident Commissioner, shall be guilty of an offence, and may be taken ashore by an officer of police.

(3) The [Comptroller of Customs] may withhold the clearance of any vessel about to proceed overseas until one hour after the master has complied with the provisions of this section.

[In subsection (3) the words in square brackets were substituted by the Niue Act 1966.]

9. Offences and penalties - Any person who -

(a) Leaves or attempts to leave the Island of Niue without an overseas traveling permit, contrary to the provisions of this Ordinance; or

(b) Makes use of or attempts to make use of any permit that is not intended to be used by such person, or which has been withdrawn or has ceased to be in force; or

(c) By any false statement or representation obtains or attempts to obtain the issue of any permit, either for himself or for any other person; or

(d) Makes, without authority, any material alteration or addition to any permit; or

(e) Is guilty of any other offence against this Ordinance, for which no penalty is elsewhere provided in this Ordinance, shall be liable to a fine not exceeding ten pounds.

[In the Title to this Ordinance the word "Niuean" was substituted for the word "Native" by the Niue Act 1966.]