Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

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

38: Offences in relation to granting of certificate of clearance

You could also call this:

"Breaking rules when leaving New Zealand by boat can lead to big fines"

Illustration for Customs and Excise Act 2018

If you are in charge of a craft, you commit an offence if you fail to comply with certain rules, such as those outlined in section 37(2)(a) and (7). You also commit an offence if you fail to produce documents required by a Customs officer under section 37(2)(b), or if you refuse to answer questions from a Customs officer under section 37(3). If you give a false answer to a question, you commit an offence too.

If you commit one of these offences, you can be fined up to $5,000. The owner of the craft and the person in charge can also commit an offence if the advance notice of departure or supporting documents are incorrect or misleading.

If the owner or person in charge commits this offence, they can be fined up to $20,000 if they are an individual, or up to $100,000 if they are a company.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7039236.

Topics:
Transport and travel > BoatingCrime and justice > Police and safety
Previous

37: Certificates of clearance, or

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

Next

39: Production of certificate of clearance, etc, or

"Showing Customs your boat's clearance certificate and answering questions about your trip"

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

38Offences in relation to granting of certificate of clearance

  1. The person in charge of a craft commits an offence if the person—

  2. fails to comply with section 37(2)(a) and (7); or
    1. fails to produce any documents required by a Customs officer under section 37(2)(b); or
      1. refuses to answer any question put to that person by a Customs officer under section 37(3); or
        1. knowingly gives a false answer to a question put to that person by a Customs officer under section 37(3).

          1. A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $5,000.

          2. The owner of a craft and the person in charge of the craft each commit an offence if—

          3. an advance notice of departure that is provided under section 37(2)(a) is erroneous, misleading, or defective in any material particular; or
            1. any supporting document that is provided under section 37(7)(b) is erroneous, misleading, or not genuine.

              1. A person who commits an offence under subsection (3) is liable on conviction,—

              2. in the case of an individual, to a fine not exceeding $20,000:
                1. in the case of a body corporate, to a fine not exceeding $100,000.

                  Compare