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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Prohibited imports and prohibited exports

96: Prohibition on other imports or exports by Order in Council

You could also call this:

"Government can stop certain goods from entering or leaving New Zealand for public safety"

Illustration for Customs and Excise Act 2018

The Governor-General can stop you from bringing certain goods into or out of New Zealand. This can be done for specific goods or for a whole group of goods. You can find more information about this in the Legislation Act 2019.

The Governor-General can also say that some goods can only be brought in or out of New Zealand if you have a special licence or permit. The chief executive or another person can give you this licence or permit. You can get the licence or permit before or after you bring the goods into or out of New Zealand.

The Minister must think that stopping you from bringing certain goods into or out of New Zealand is necessary for the public. The Secretary of Foreign Affairs and Trade must keep a list of goods that cannot be exported because they have a special use. You can find this list on the Internet.

If you try to export goods that are on this list, you might get in trouble, even if the list is not published. The Governor-General's order to stop you from bringing certain goods into or out of New Zealand is like a law, but it must be confirmed by an Act of Parliament, as explained in the Legislation Act 2019.

In New Zealand, "goods" can include documents, like papers or files. The Secretary of Foreign Affairs and Trade is in charge of keeping track of goods that have a special use. Documents that are not goods but are still stopped from being imported or exported are treated like goods for some purposes, but not for others, such as for the Goods and Services Tax Act 1985.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039309.

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Part 3Entry and exit of goods, persons, and craft
Prohibited imports and prohibited exports

96Prohibition on other imports or exports by Order in Council

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, prohibit the importation or exportation of—

  2. any specified goods; or
    1. any specified class of goods.

      1. A prohibition under this section may—

      2. be general or be limited to—
        1. the importation of goods—
          1. from a specified place:
            1. by or from a specified person or class of persons:
            2. the exportation of goods—
              1. to a specified place:
                1. by or to a specified person or class of persons:
              2. be subject to conditions.

                1. A conditional prohibition may allow the importation or exportation of goods under the terms of a licence, permit, or consent granted by—

                2. the chief executive; or
                  1. any other person named in the order.

                    1. A licence, permit, or consent under subsection (3) may be granted before or after the importation or exportation of the goods.

                    2. The Minister must not make a recommendation for the purposes of subsection (1) unless he or she considers that the proposed prohibition is necessary in the public interest.

                    3. The Secretary must maintain an up-to-date list of all goods and classes of goods whose exportation is prohibited under this section because they have or may have a strategic use.

                    4. The Secretary must make the list maintained under subsection (6) available by—

                    5. notifying the chief executive of it; and
                      1. publishing it on an Internet site maintained by, or on behalf of, the Secretary.

                        1. To avoid doubt, any failure to publish a list under subsection (7) does not invalidate the prohibition of the exportation of any goods or classes of goods mentioned in the list.

                        2. An Order in Council that prohibits the exportation of goods extends and applies to the shipment of the goods for use as stores by a craft, except as otherwise specified in the order.

                        3. An order under this section—

                        4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                          1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                            1. In this section,—

                              goods includes documents that are not otherwise goods

                                Secretary means the Secretary of Foreign Affairs and Trade

                                  strategic use, in relation to goods, means use for 1 or more of the purposes listed in section 97(2)(a) to (f).

                                  1. Documents that are not otherwise goods and whose importation or exportation is prohibited under this section—

                                  2. are goods for the purposes of the rest of this Act (apart from section 97) as it applies in relation to, as the case may be,—
                                    1. imported goods or the importation of goods (including (without limitation) for the purposes of the definition of prohibited imports in section 5(1)); or
                                      1. exported goods or the exportation of goods (including (without limitation) for the purposes of the definition of prohibited exports in section 5(1)); but
                                      2. are not goods for the purposes of section 12 of the Goods and Services Tax Act 1985.

                                        Compare
                                        Notes
                                        • Section 96(10): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).