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Films, Videos, and Publications Classification Act 1993

Search and seizure

118A: Application of Customs and Excise Act 2018

You could also call this:

"What happens if you break the law by importing or exporting bad publications"

Illustration for Films, Videos, and Publications Classification Act 1993

When you break the Films, Videos, and Publications Classification Act 1993 by importing or exporting objectionable publications, some parts of the Customs and Excise Act 2018 apply. These parts include sections like 191, 199, and 206 which are about investigating and punishing offences. You can find more information about these sections in the Customs and Excise Act 2018. If you are suspected of committing an offence, a Customs officer can arrest you without a warrant, as stated in section 263(1) of the Customs and Excise Act 2018. This can happen if you are suspected of importing or exporting objectionable publications, which is against the law. The Customs officer must have a good reason to think you have broken the law. Other parts of the Customs and Excise Act 2018 also apply, such as section 263(2) and (3). These sections are about what happens after a Customs officer arrests someone. You can read more about these sections in the Customs and Excise Act 2018. The rules in this section do not limit the powers of Customs officers, as stated in the Customs and Excise Act 2018. This means that Customs officers can still use their powers to investigate and punish offences, even if they are not specifically mentioned in this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314118.

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Crime and justice > Criminal lawCrime and justice > Police and safetyArts and culture > Heritage protection
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Part 7Search and seizure

118AApplication of Customs and Excise Act 2018

  1. Sections 191, 199, 206, 210, 211, 224, 225, 231, 237, 244, 245, 247, 248, 249, 257, and 258 of the Customs and Excise Act 2018 apply to offences against this Act concerning the importation or exportation of objectionable publications to the same extent as those sections apply to offences against section 390 of the Customs and Excise Act 2018 concerning the importation or exportation of objectionable publications.

  2. Section 252 of the Customs and Excise Act 2018 applies to an investigation of an offence against this Act concerning the importation or exportation of objectionable publications to the same extent as that section applies to an investigation of an offence against that Act; and section 254 of that Act applies accordingly.

  3. A Customs officer may arrest a person without warrant in accordance with section 263(1) of the Customs and Excise Act 2018, as if the person were suspected of an offence against section 390 of that Act, if the Customs officer has reasonable cause to suspect that the person has committed an offence against section 124(1) involving—

  4. the importation into New Zealand of an objectionable publication for the purposes of supply or distribution; or
    1. the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.

      1. Section 263(2) and (3) of the Customs and Excise Act 2018 applies to an arrest by a Customs officer under subsection (3).

      2. Nothing in this section limits the application of any provisions of the Customs and Excise Act 2018 that confer powers (for example, powers relating to prohibited goods).

      Notes
      • Section 118A: replaced, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).