Part 3Importation of risk goods
Arrival of craft
17AInward cargo report
This section applies to cargo (whether or not all or any of the cargo is goods that are, may be, or are not, risk goods) on a craft if the craft is—
- en route to, or has arrived in, New Zealand (as defined in section 5(1) of the Customs and Excise Act 2018), from a point outside New Zealand (as so defined); or
- carrying goods subject to the control of Customs (as defined in section 6 of the Customs and Excise Act 2018) brought in that craft or any other craft from a point outside New Zealand (as defined in section 5(1) of the Customs and Excise Act 2018).
Every person responsible for the carriage of the cargo on the craft must give to the Director-General, before the prescribed deadline, a report on the cargo, unless a particular person of that kind is exempted from doing so because—
- that person has been advised by the Director-General that 1 or more other persons of that kind have already done so; or
- under this paragraph, and for another reason, the Director-General approves that person's being exempted from doing so.
The prescribed deadline may differ depending on the class or description of the craft, or on the class or description of the person responsible, or both, and may be earlier than the otherwise applicable prescribed deadline if—
- an emergency or an urgent situation has arisen; and
- the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
- the earlier giving of the report is necessary to avoid or mitigate the risk.
This section does not limit, and is not limited by, section 17(11)(b)(iii).
A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
- the person in charge of the craft; or
- a cargo aggregator (as defined in subsection (11)) who, in the course of that cargo aggregator's business, has (in or outside New Zealand territory) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator.
The duty of the person in charge of the craft to give the report may be performed, on that person's behalf, by—
- an owner of the craft; or
- an operator of the craft; or
- an agent of an owner of the craft; or
- an agent of an operator of the craft.
The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed.
The report must be accompanied by such supporting documents (being documents each of which is genuine, not erroneous, and not misleading) as the Director-General may require.
The prescribed information relating to the cargo, or supporting documents required under subsection (8), or both, may differ depending on the class or description of the craft.
The person who is carrying out the duty to give the report must ensure that it is given in an approved form and manner.
Cargo aggregator, in subsection (5)(b), means a person who, for reward, aggregates cargo (being cargo to be carried for different people) for carriage together on a craft—
- in bulk cargo containers, or otherwise; and
- under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator.
Notes
- Section 17A: inserted, on , by section 6 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
- Section 17A(1)(a): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
- Section 17A(1)(b): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).