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Trade Marks Act 2002

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

155D: Customs officer may apply for production order

You could also call this:

"Customs officer can ask a judge to see important documents for investigating import crimes"

If a Customs officer thinks someone has documents that could be important for investigating certain crimes about imported goods, they can ask a judge for permission to see those documents. The crimes they're looking into are described in sections 120 to 124 of the law.

When a Customs officer wants to ask the judge for this permission, they need to follow some rules. They have to write down their request and use a special form if there is one. They must promise that what they're saying is true by swearing an oath. In their request, they need to explain in detail why they want to see the documents. They also have to describe the specific documents they're asking about.

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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=DLM4124753.

Topics:
Crime and justice > Criminal lawBusiness > Industry rulesImmigration and citizenship > Border control
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155E: Judge may order documents to be produced, or

"Judge can ask for papers if someone might have broken trade mark rules"

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

155DCustoms officer may apply for production order

  1. If a Customs officer believes on reasonable grounds that a person has in his or her possession, custody, or control, 1 or more documents that are evidence of, or may be of significant relevance to the investigation of, an offence against any of sections 120 to 124 in respect of imported goods, the Customs officer may apply to a District Court Judge for an order requiring the person to produce the documents for inspection by a Customs officer.

  2. An application by a Customs officer for an order under subsection (1) must—

  3. be in writing; and
    1. be in the prescribed form (if any); and
      1. be made on oath; and
        1. set out, in reasonable detail, the grounds for the application; and
          1. provide details of the documents in respect of which the order is sought.

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