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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Customs places and Customs-controlled areas - Customs-controlled areas

60: Fit and proper person test

You could also call this:

"Checking if you're a trustworthy person to work with customs"

Illustration for Customs and Excise Act 2018

When you apply for a licence for a customs-controlled area, the chief executive checks if you are a fit and proper person. They consider things like if you have failed to follow the Customs and Excise Act 2018 or the Biosecurity Act 1993. They also look at if you have been convicted of an offence under certain acts, such as the Hazardous Substances and New Organisms Act 1996, the Immigration Act 2009, the Civil Aviation Act 2023, the Wine Act 2003, or the Maritime Transport Act 1994.

The chief executive checks if you have been bankrupt under the Insolvency Act 1967 or the Insolvency Act 2006. They also consider if you have been convicted of an offence involving dishonesty or drugs in New Zealand or another country. If you have been prohibited from being a director or manager of a company under the Companies Act 1993, this is also taken into account.

The chief executive looks at all these things to decide if you are a fit and proper person to have a licence for a customs-controlled area. They can also consider any other matters they think are relevant, including things that are prescribed. When checking, the chief executive includes any of your directors or senior managers, not just you.

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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=DLM7039265.

Topics:
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59: Chief executive must determine application, or

"The boss of Customs decides who can have a special licence for a customs-controlled area."

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61: Grant of licence, or

"Getting a special permit to use a Customs area"

Part 3Entry and exit of goods, persons, and craft
Customs places and Customs-controlled areas: Customs-controlled areas

60Fit and proper person test

  1. In determining whether an applicant is a fit and proper person to be granted a licence for an area, the chief executive may consider any of the following:

  2. any serious or repeated failure by the applicant to comply with this Act or the Biosecurity Act 1993:
    1. any conviction of the applicant for an offence under the Hazardous Substances and New Organisms Act 1996, the Immigration Act 2009, the Civil Aviation Act 2023, the Wine Act 2003, or the Maritime Transport Act 1994:
      1. any current or previous bankruptcy of the applicant under the Insolvency Act 1967 or the Insolvency Act 2006:
        1. any conviction of the applicant, in New Zealand or in another country, for an offence involving dishonesty or drugs:
          1. whether the applicant is or has been prohibited, under section 382, 383, 385, or 386A of the Companies Act 1993, from being a director or a promoter of, or from taking part in the management of, a company:
            1. any prescribed matters:
              1. any other matters that the chief executive considers relevant.

                1. In subsection (1)(a) to (e), references to the applicant include references to any of the applicant's directors or senior managers.

                Notes
                • Section 60(1)(b): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).