Biosecurity Act 1993

Administrative provisions - Administrative powers

117A: Seizure and detention of goods or documents as evidence for other enactments

You could also call this:

"Taking goods or documents as evidence of a crime under other laws"

If you are an inspector under the Biosecurity Act 1993, you can take goods or documents if you think they might be evidence of a crime. You must have a good reason to think this, and the goods or documents must be related to certain laws, such as the Crimes Act 1961, the Immigration Act 2009, or the Customs and Excise Act 2018. When you take the goods or documents, you must give them to a constable or another authorised officer as soon as possible.

You will give the goods or documents to a constable if you think they are evidence of a crime under laws like the Crimes Act 1961 or the Passports Act 1992. If you think they are evidence of a crime under other laws, like the Customs and Excise Act 2018 or the Films, Videos, and Publications Classification Act 1993, you will give them to an authorised officer. This officer must work under the relevant law or be employed by the department that administers the law.

When you give the goods to the person, you can also give them a notice that says whether the goods have been cleared or not. If they have not been cleared, the notice will say how the goods must be held, handled, or managed. Once you give the goods to the person, they become responsible for them.

The laws that apply to this situation include the Crimes Act 1961, the Immigration Act 2009, the Passports Act 1992, the Customs and Excise Act 2018, the Films, Videos, and Publications Classification Act 1993, the Fisheries Act 1996, the Medicines Act 1981, and the Trade in Endangered Species Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759400.


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"Paying for costs when the government takes your goods"


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Part 6Administrative provisions
Administrative powers

117ASeizure and detention of goods or documents as evidence for other enactments

  1. 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).

  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

  3. section 98C of the Crimes Act 1961:
    1. section 342 of the Immigration Act 2009:
      1. section 29A, 30, or 31 of the Passports Act 1992:
        1. Officer to deal with

        2. the Customs and Excise Act 2018:
          1. sections 123 and 124 of the Films, Videos, and Publications Classification Act 1993:
            1. section 232 or 233 of the Fisheries Act 1996:
              1. section 37 or 43 of the Medicines Act 1981:
                1. the Trade in Endangered Species Act 1989:
                  1. enactments administered by the Ministry.
                    1. The inspector must, as soon as practicable, deliver the goods or documents into the custody of 1 of the following persons:

                    2. if the inspector believes that any of subsection (2)(a) to (c) applies to the goods or documents, a constable:
                      1. if the inspector believes that any of subsection (2)(d) to (i) applies to the goods or documents, an appropriately authorised officer who—
                        1. holds office under the Act specified in the paragraph; or
                          1. is employed by the department that administers the Act.
                          2. The inspector may also deliver to the person, when delivering goods, a notice stating 1 of the following:

                          3. that the goods have been given a biosecurity clearance; or
                            1. that the goods—
                              1. have not been given a biosecurity clearance; and
                                1. must be held, handled, or managed in the manner specified in the notice.
                                2. Responsibility for goods delivered under subsection (3) passes to the person to whom the goods are delivered.

                                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).