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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Entry and accounting for goods - Transhipments: international and domestic

87: Transhipment requests

You could also call this:

"Asking to move cargo that's not cleared for New Zealand"

Illustration for Customs and Excise Act 2018

When cargo comes into New Zealand on a craft, it must follow certain rules. The cargo has not been cleared for use in New Zealand and is still controlled by Customs. You can ask the chief executive to let the cargo be moved to another place in New Zealand or to another country. The chief executive will decide whether to allow this as soon as they can.

You must ask the chief executive within a certain time and in a certain way, and you must give them any documents they need. If the chief executive says yes, you can move the cargo, but you must follow any conditions they set. This decision does not change how other laws, like the Biosecurity Act 1993, apply to the cargo.

If you do not agree with the chief executive's decision, you can appeal to a Customs Appeal Authority within 20 working days. The chief executive's decision is about whether to let the cargo be moved, and it does not affect other laws that might apply to the cargo.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039298.

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86: Offences in relation to removal of goods from Customs-controlled areas, or

"Breaking the law by taking controlled goods from special areas without permission"

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88: Offences in relation to transhipment requests, or

"Breaking the rules when asking to move cargo to another ship or plane can lead to a big fine"

Part 3Entry and exit of goods, persons, and craft
Entry and accounting for goods: Transhipments: international and domestic

87Transhipment requests

  1. This section applies to cargo that—

  2. is imported on a craft; and
    1. has not been entered for home consumption; and
      1. has been, at all times since it was imported, subject to the control of Customs.

        1. Any person may make a transhipment request to the chief executive to allow the cargo to be—

        2. transhipped domestically to a place within New Zealand at which it is intended that the cargo will be entered for home consumption; or
          1. transhipped internationally to a place outside New Zealand while remaining subject to the control of Customs at all times before the cargo’s departure from New Zealand.

            1. A transhipment request must—

            2. be made within the prescribed time; and
              1. be made 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 chief executive must, as soon as is reasonably practicable after a transhipment request is made, grant or decline the transhipment request.

                  2. A transhipment request granted by the chief executive authorises the removal of the cargo from a Customs-controlled area for the transhipment purposes, and on the conditions (if any), specified by the chief executive when granting the request.

                  3. A transhipment request granted by the chief executive does not affect the application of any other enactment to the cargo (for example, the Biosecurity Act 1993).

                  4. A person who is dissatisfied with a decision of the chief executive under subsection (4) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.

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