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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Forfeiture, seizure, and condemnation - Seizure

179: Securing seized goods

You could also call this:

"Keeping seized goods safe until a decision is made about what to do with them"

Illustration for Customs and Excise Act 2018

When goods are seized under section 178, you must take them to a safe place and keep them there. You do this to make sure the goods are secure. A Customs officer will decide what to do with the goods.

If a Customs officer seizes goods under section 178, they can leave them with the person they took the goods from, or with someone else. This other person must be authorised by the Customs officer and agree to look after the goods. The Customs officer will decide who can look after the goods.

If you are looking after seized goods, you must keep them safe until a final decision is made about what to do with them. You must do this without charging the government and follow any conditions set by Customs. You must also make the goods available to any Customs officer who asks for them and not get rid of them or take them out of New Zealand unless a Customs officer 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=DLM7039434.

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178: Seizure of forfeited goods or goods suspected to be forfeited goods, or

"When goods are forfeited, Customs can take them away if they're not allowed in New Zealand or were used to break the law."

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180: Offence in relation to securing seized goods, or

"Breaking the rules for looking after seized goods can be a crime"

Part 3Entry and exit of goods, persons, and craft
Forfeiture, seizure, and condemnation: Seizure

179Securing seized goods

  1. All goods seized under section 178 must be taken to a place of security and detained.

  2. Despite subsection (1), a Customs officer may leave goods that have been seized under section 178 in the custody of—

  3. the person from whom the goods have been seized; or
    1. any other person who—
      1. is authorised by the Customs officer; and
        1. consents to having custody of the goods.

        2. A person who has custody of goods under subsection (2) must—

        3. hold them for safe keeping—
          1. until a final decision is made as to whether they are to remain forfeit; and
            1. without charge to the Crown; and
              1. in accordance with any reasonable conditions imposed by Customs; and
              2. make the goods available to any Customs officer on demand; and
                1. not alter, dispose of, or remove the goods from New Zealand unless the person is authorised to do so by a Customs officer; and
                  1. return the goods on demand to the custody of Customs.

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