Customs and Excise Act 2018

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

70: Customs facilities in Customs-controlled areas, etc

You could also call this:

"Rules for helping Customs with space and equipment in special areas"

Illustration for Customs and Excise Act 2018

The chief executive can ask you, if you are in charge of a Customs-controlled area, to provide certain things like buildings or equipment for Customs to use. You might need to store goods in a specific way or location that the chief executive thinks is suitable. When the chief executive makes these decisions at an airport, they must consider any plans the airport operator has made under subpart 3 of Part 7 of the Civil Aviation Act 2023.

If you are unhappy with what the chief executive has asked you to do, you can appeal to a Customs Appeal Authority within 20 working days. You can charge Customs for the things you provide, but there are some exceptions. For example, you cannot charge Customs for areas used to process people or mail arriving in or leaving New Zealand, even if the Airport Authorities Act 1966 or Part 7 of the Civil Aviation Act 2023 says you can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039275.


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"Breaking licence rules can lead to a fine of up to $5,000 for individuals or $25,000 for companies."


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71: Offence in relation to Customs facilities in Customs-controlled areas, etc, or

"Breaking Customs rules in restricted areas can lead to big fines"

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

70Customs facilities in Customs-controlled areas, etc

  1. The chief executive may, by notice in writing, require the licensee of a Customs-controlled area to do any of the following:

  2. provide and maintain any operating areas, accommodation, facilities, buildings, equipment, or storage that the chief executive considers reasonably necessary and suitable for Customs to carry out any of its functions under this Act:
    1. store goods subject to the control of Customs in any manner and location that the chief executive considers appropriate.
      1. The chief executive must, when considering for the purpose of subsection (1) what is reasonably necessary and suitable at an airport, have regard to any regulatory airport spatial undertaking given by the airport operator under subpart 3 of Part 7 of the Civil Aviation Act 2023 that is in effect.

      2. A licensee who is dissatisfied with a requirement imposed by the chief executive under subsection (1) may, within 20 working days after the date on which notice of the requirement is given, appeal to a Customs Appeal Authority against the requirement.

      3. The licensee of a Customs-controlled area may, subject to subsection (4), levy Customs a reasonable charge for any operating areas, accommodation, facilities, buildings, equipment, or storage provided in accordance with subsection (1)(a).

      4. A licensee may not levy any charge on Customs for any operating area in a Customs-controlled area where that operating area is used for processing persons, craft, or postal articles arriving in, or departing from, New Zealand.

      5. Subsection (4) applies despite anything to the contrary in the Airport Authorities Act 1966 or Part 7 of the Civil Aviation Act 2023.

      Compare
      Notes
      • Section 70(1A): inserted, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
      • Section 70(5): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).