Part 6Administrative provisions
Administrative powers
117ASeizure and detention of goods or documents as evidence for other enactments
An inspector exercising a power or carrying out a function or duty under Part 3 may seize and detain goods or documents presented to or located by the inspector in the circumstances described in subsection (2).
The circumstances are that the inspector must have reasonable grounds to suspect that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments:
Constable to deal with
- section 98C of the Crimes Act 1961:
- section 342 of the Immigration Act 2009:
- section 29A, 30, or 31 of the Passports Act 1992:
- the Customs and Excise Act 2018:
- sections 123 and 124 of the Films, Videos, and Publications Classification Act 1993:
- section 232 or 233 of the Fisheries Act 1996:
- section 37 or 43 of the Medicines Act 1981:
- the Trade in Endangered Species Act 1989:
- enactments administered by the Ministry.
The inspector must, as soon as practicable, deliver the goods or documents into the custody of 1 of the following persons:
- if the inspector believes that any of subsection (2)(a) to (c) applies to the goods or documents, a constable:
- if the inspector believes that any of subsection (2)(d) to (i) applies to the goods or documents, an appropriately authorised officer who—
- holds office under the Act specified in the paragraph; or
- is employed by the department that administers the Act.
- holds office under the Act specified in the paragraph; or
The inspector may also deliver to the person, when delivering goods, a notice stating 1 of the following:
- that the goods have been given a biosecurity clearance; or
- that the goods—
- have not been given a biosecurity clearance; and
- must be held, handled, or managed in the manner specified in the notice.
- have not been given a biosecurity clearance; and
Responsibility for goods delivered under subsection (3) passes to the person to whom the goods are delivered.
Officer to deal with
Notes
- Section 117A: inserted, on , by section 46 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 117A(2)(d): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).