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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

88: Offences in relation to transhipment requests

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you make a transhipment request under section 87, you commit an offence if you do not follow the rules. You must make the request to the chief executive on time, as stated in section 87(3)(a).

You must also include all the required information about the cargo, as stated in section 87(3)(b), and make sure the information is correct and genuine. If you include any supporting documents with your request, as stated in section 87(3)(c), they must also be correct and genuine.

If you break these rules, you can be fined if you are found guilty. As an individual, you can be fined up to $20,000, and as a company, you can be fined up to $100,000. The rules about defences for offences, stated in section 54, also apply to this offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039299.

Topics:
Transport and travel > Shipping and cargoCrime and justice > Criminal lawBusiness > Industry rules
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"Asking to move cargo that's not cleared for New Zealand"

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

88Offences in relation to transhipment requests

  1. A person who makes, or purports to make, a transhipment request under section 87 commits an offence if—

  2. the person fails to make the request to the chief executive within the time prescribed for the purposes of section 87(3)(a); or
    1. the request does not contain all the information relating to the cargo that is required to be contained in it by rules made for the purposes of section 87(3)(b); or
      1. any information that is included in the request is erroneous in a material particular, misleading, or not genuine; or
        1. any supporting document that accompanies the request under section 87(3)(c) is erroneous, misleading, or not genuine.

          1. Section 54 (defences for offences) applies to an offence under this section as if this section were in subpart 1 of this Part.

          2. A person who commits an offence under this section is liable on conviction,—

          3. 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.

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