Trade Marks Act 2002

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

155J: Offences

You could also call this:

"What happens if you don't follow the rules when dealing with Customs officers"

You can get in trouble if you don't follow certain rules when dealing with Customs officers. If a Customs officer gives you a notice under section 155B, you must follow it unless you have a good reason not to. If you're asked to meet with a Customs officer and answer questions under section 155C, you need to show up and answer the questions unless you have a good reason not to. You also have to follow any orders made under section 155E unless you have a good reason not to.

If you break these rules, you're committing an offence. The punishment for breaking these rules can be serious. If you're an individual person, you could go to jail for up to 6 months or have to pay a fine of up to $10,000. If you're a company, you could have to pay a fine of up to $50,000.

Remember, it's important to cooperate with Customs officers and follow their instructions, but you also have the right to have a good reason for not complying if that's the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125683.


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"Keeping some information private when Customs officers investigate"


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

155JOffences

  1. No person may, without reasonable excuse, refuse or fail to comply with a notice given under section 155B.

  2. No person who is required by a notice given under section 155C to appear before a Customs officer and to answer questions may, without reasonable excuse,—

  3. refuse or fail to appear before the Customs officer in accordance with the notice; or
    1. refuse to answer any question.
      1. No person may, without reasonable excuse, refuse or fail to comply with an order made under section 155E.

      2. Every person who breaches any of subsections (1) to (3) commits an offence and is liable on conviction,—

      3. in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; and
        1. in the case of a body corporate, to a fine not exceeding $50,000.
          Notes
          • Section 155J: inserted, on , by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).
          • Section 155J(4): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).