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Trade Marks Act 2002

Legal proceedings - Border protection measures - Enforcement powers of Customs officers

155A: Customs officer may seize goods in control of Customs

You could also call this:

"Customs officers can take goods they think are connected to trademark crimes"

A Customs officer can take away goods that have been brought into New Zealand if they think these goods might be proof of a crime or help them investigate a crime. This crime is about using a trademark without permission, which is explained in another part of the law.

If a Customs officer takes away goods like this, there are some rules they need to follow. These rules are written in other parts of the law. When following these rules, whenever they mention 'chief executive', it means the person in charge of the New Zealand Customs Service.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124749.

Topics:
Business > Intellectual propertyImmigration and citizenship > Border control
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155: Inspection of goods, or

"You can ask to look at goods linked to trade mark issues"

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155B: Chief executive may require person to produce documents concerning goods in control of Customs, or

"Customs boss can ask for papers about stuff they're watching"

Part 4Legal proceedings
Border protection measures: Enforcement powers of Customs officers

155ACustoms officer may seize goods in control of Customs

  1. A Customs officer may seize any imported goods that are in the control of the Customs if the officer has reasonable cause to believe that they are evidence of, or of significant relevance to the investigation of, an offence under section 124(a).

  2. The provisions of sections 134T to 134W apply with all necessary modifications in respect of any imported goods seized under this section, and in applying those provisions every reference to the chief executive must be read as a reference to the chief executive of the New Zealand Customs Service.

Notes
  • Section 155A: inserted, on , by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).