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Trade Marks Act 2002

Legal proceedings - Border protection measures - Detention of goods bearing infringing sign

150: When detained goods may be released

You could also call this:

"Letting go of seized items: When it's okay to give back held goods"

You need to know about when goods that have been detained can be released. The chief executive or a Customs officer must release goods that have been detained if three conditions are met:

First, all the legal rules about bringing goods into or taking goods out of the country must be followed.

Second, if any rules say that money needs to be paid as a security, this must be done.

Third, releasing the goods must not break any laws.

If all these conditions are met, then the detained goods must be released.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165075.

Topics:
Immigration and citizenship > Border control
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149: Detention of goods bearing infringing sign, or

"Customs can hold goods they think might break trade mark rules"

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151: Forfeiture of goods by consent, or

"You can agree to let the government keep goods they think might break the law"

Part 4Legal proceedings
Border protection measures: Detention of goods bearing infringing sign

150When detained goods may be released

  1. The chief executive or any Customs officer must release any goods under section 149 if—

  2. every legal requirement as to importation or exportation of the goods is satisfied; and
    1. every requirement made under any regulations that require the deposit of a security to be satisfied; and
      1. the release of the goods is not contrary to law.

        Notes
        • Section 150(a): amended, on , by section 100 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).