Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Arrival and departure of goods, persons, and craft - Departure of craft

37: Certificates of clearance

You could also call this:

"Getting a certificate to show you've followed the rules when leaving New Zealand by boat"

Illustration for Customs and Excise Act 2018

When you are in charge of a craft, a Customs officer can give you a certificate of clearance. Before they give you this certificate, you must tell Customs you are leaving within the prescribed time. You also have to show them any documents they need about the craft, its passengers, crew, cargo, or stores, and its intended journey.

You must follow all the rules under this Act or any other law about the craft, its passengers, crew, cargo, or stores, and its intended journey. A Customs officer can ask you questions about these things and you must answer them. If you do not answer their questions, they cannot give you a certificate of clearance.

A certificate of clearance can have conditions that the chief executive thinks are appropriate. The certificate must be in the form that the chief executive's rules say it should be. When you tell Customs you are leaving, you must do it in the way that the chief executive's rules say, and you must give them any supporting documents they need. Someone else, like the owner or operator of the craft, or their agent, can tell Customs you are leaving and give them the documents on your behalf. You can find more information by looking at the Customs and Excise Act 1986 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039235.


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38: Offences in relation to granting of certificate of clearance, or

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Part 3Entry and exit of goods, persons, and craft
Arrival and departure of goods, persons, and craft: Departure of craft

37Certificates of clearance

  1. A Customs officer may grant a certificate of clearance in respect of a craft.

  2. Before a certificate of clearance is granted in respect of a craft, the person in charge of the craft must—

  3. within the prescribed time, provide Customs with an advance notice of departure; and
    1. produce any other documents required by a Customs officer in relation to any of the following:
      1. the craft:
        1. the craft’s passengers, crew, cargo, or stores:
          1. the craft’s intended journey; and
          2. comply with all requirements under this Act or any other enactment in relation to the following:
            1. the craft:
              1. the craft’s passengers, crew, cargo, or stores:
                1. the craft’s intended journey.
                2. Before a certificate of clearance is granted in respect of a craft, a Customs officer may ask the person in charge of the craft any question in relation to any of the following, and the person must answer the question:

                3. the craft:
                  1. the craft’s passengers, crew, cargo, or stores:
                    1. the craft’s intended journey.
                      1. A Customs officer must not grant a certificate of clearance in respect of a craft if the person in charge of the craft refuses or fails to answer any question asked under subsection (3).

                      2. A certificate of clearance may be granted subject to any conditions that the chief executive considers appropriate.

                      3. A certificate of clearance must be granted in the form prescribed by the chief executive’s rules.

                      4. The advance notice of departure referred to in subsection (2)(a) must—

                      5. be provided in the way prescribed by the chief executive’s rules; and
                        1. be accompanied by any supporting documents that the chief executive considers appropriate.
                          1. The advance notice of departure and any supporting documents may be provided, on behalf of the person in charge of the craft, by—

                          2. the owner or operator of the craft; or
                            1. an agent of the owner or operator.
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