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Medicines Act 1981

Enforcement

72: Special provisions relating to imported consignments

You could also call this:

"Rules for Checking Medicines Brought into New Zealand"

Illustration for Medicines Act 1981

When you import medicines into New Zealand, an officer might take a sample to check if it is safe. The officer will tell you they have taken a sample. They might stop the rest of the medicines from being delivered until they get the test results. If the medicines do not meet the rules, the officer can seize them or tell you to send them back. They can also let you release the medicines if you fix any problems. You must follow the rules of the Customs and Excise Act 2018. If an officer seizes your goods, they will tell you and the Customs. The Customs will not release the goods without the officer's permission. The officer will follow the rules in section 65 when dealing with seized goods. It is the job of Customs officers to help enforce these rules. They can use their powers to stop anything that breaks the rules from entering New Zealand. They will work with the rules of the Customs and Excise Act 2018 to do this.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56066.

Topics:
Health and wellbeing > Public healthMoney and consumer rights > Consumer protection
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"Some things are assumed to be true in court, like the right medicine being in a container."

Part 5Enforcement

72Special provisions relating to imported consignments

  1. Where, in any port any officer takes any sample under section 69 from any imported consignment of any substance reasonably believed by him to be a medicine, the following provisions shall apply:

  2. the officer shall forthwith notify the importer that he has taken the sample:
    1. subject to paragraphs (c) and (d), an officer shall direct the Customs to detain the remainder of the consignment in the port under the control of the Customs until the analysis or examination has been completed:
      1. any such consignment may, with the approval of an officer, be removed at the expense of the importer from the port to a specified place if the importer undertakes in writing, in a form approved by the officer, that he will detain the consignment for such time as may be necessary to obtain results of analysis or to complete an examination:
        1. where any such consignment is in a bulk cargo container, the officer may, in accordance with paragraph (c), approve the removal of that container to a specified place at which a sample can be taken:
          1. where any consignment is to be removed to a specified place under paragraph (c) or paragraph (d), an officer shall mark it:
            1. if, as a result of the analysis or examination, an officer reasonably believes that the consignment does not comply with any of the provisions of this Act or any regulations made under this Act, he may—
              1. seize and detain the goods; or
                1. order the goods returned by the importer to their place of origin, or some other place outside New Zealand, at the expense of the importer; or
                  1. permit the goods to be released subject to such conditions as he may specify, including a condition that a new label be substituted for any label on each or any package comprising part of the consignment:
                  2. nothing in paragraph (c) or paragraph (d) or paragraph (f)(iii) shall limit or affect the Customs and Excise Act 2018.

                    1. Where an officer seizes any goods under this section, he shall serve notice of his action on the importer of the goods; and, if the goods are still under the control of the Customs, he shall also serve a copy of the notice on the Customs who shall ensure that the goods are not delivered from the control of the Customs without the written consent of the officer.

                    2. Where any goods are seized under this section, section 65 shall apply with all necessary modifications.

                    3. It shall be the duty of all officers of the Customs to assist in carrying out the provisions of this section, and to prevent the introduction into New Zealand of anything contrary to this Act; and for that purpose they may, in respect of anything so introduced or attempted to be introduced, exercise all the powers conferred by the Customs and Excise Act 2018 in the case of uncustomed or prohibited goods.

                    Compare
                    • 1979 No 27 s 57
                    Notes
                    • Section 72(1)(b): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                    • Section 72(1)(g): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                    • Section 72(2): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                    • Section 72(4): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).