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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Enforcement

73: Detection of import and export offences

You could also call this:

"Stopping things being imported or exported if they break the law about helping make babies"

Illustration for Human Assisted Reproductive Technology Act 2004

If you are a Customs officer, you can stop and hold something if you think it is being imported or exported against the law. This can be a gamete, embryo, foetus, or being, or equipment used to import or export these things, if it breaks section 8(2) or section 9(2) of the Human Assisted Reproductive Technology Act 2004. You must then give the item to an authorised person as soon as possible.

When you give the item to the authorised person, they become responsible for it. The law that applies to things seized under section 68(1)(d) of the Human Assisted Reproductive Technology Act 2004 will also apply to this item.

Some sections of the Customs and Excise Act 2018 also apply to these items, such as sections about questioning people, checking identity, and asking for documents. If a Customs officer asks for help from an authorised person, the authorised person can use the powers given to the Customs officer under their direction.

You can find more information about the Customs and Excise Act 2018 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319803.

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72: Disposal of property seized, or

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Part 4Enforcement and miscellaneous provisions
Enforcement

73Detection of import and export offences

  1. A Customs officer may detain any matter or item that he or she finds in the course of exercising any power of search or examination under the Customs and Excise Act 2018, if he or she believes on reasonable grounds that the matter or item is—

  2. a gamete, an embryo, or a foetus, or being that is being imported or exported in contravention of section 8(2) or section 9(2); or
    1. any equipment or device used in relation to that import or export.

      1. If a Customs officer detains any matter or item under subsection (1), he or she must, as soon as practicable, deliver that matter or item into the custody of an authorised person.

      2. Once a matter or item has been delivered under subsection (2),—

      3. responsibility for that matter or item passes from the Customs officer to the authorised person; and
        1. section 72 applies to that matter or item as if it had been seized under section 68(1)(d).

          1. The following sections of the Customs and Excise Act 2018 apply, with any necessary modifications, to any gamete, embryo, foetus, or being that is imported or exported in contravention of section 8(2) or section 9(2) as if the gamete, embryo, foetus, or being and any equipment or device used in relation to that import or export were a prohibited import or, as the case requires, a prohibited export within the meaning of that Act:

          2. section 205 (questioning persons about goods and debt):
            1. section 201 (evidence of identity and entitlement to travel):
              1. section 206 (detention of persons questioned about goods or debt):
                1. section 251 (requisition to produce documents):
                  1. section 252 (further powers in relation to documents).

                    1. If a Customs officer requests an authorised person to assist the Customs officer in the exercise of a power under this section or any of the sections applied by subsection (4), the authorised person may exercise the relevant power under the direction of the Customs officer.

                    Notes
                    • Section 73(1): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4)(a): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4)(b): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4)(c): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4)(d): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 73(4)(e): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).