Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

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

185: Condemnation of seized goods

You could also call this:

"What happens to seized goods if nobody claims them or fights the seizure"

Illustration for Customs and Excise Act 2018

When goods are seized under section 178, something happens to them if certain things do not occur. If no one asks for a review of the seizure within a certain time, which is given by clause 1(2)(b) of Schedule 5, the goods become the property of the Crown. You can find out more about this time in clause 1(2)(b) of Schedule 5.

If someone does ask for a review within that time, the goods can still become the property of the Crown. This happens if the person who asked for the review stops their application, or if the chief executive says no to their application. You can read about what happens when the chief executive makes a decision in clause 8 of Schedule 5, and you can find out about appealing this decision in clause 9 of that schedule.

If the chief executive says no to the application, the goods become the property of the Crown 20 working days after the decision is made, unless the person appeals the decision within that time. The goods will not become the property of the Crown if an appeal is made within the 20 working days.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039442.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protectionGovernment and voting > Government departments
Previous

184: Application for review of seizure, or

"Asking to look again at seized goods"

Next

185A: Condemnation of seized goods that are tobacco or tobacco products, or

"What happens to seized tobacco products that are not allowed in New Zealand"

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

185Condemnation of seized goods

  1. This section applies to goods that have been seized under section 178, other than goods that are tobacco or tobacco products prohibited from import under section 95A.

  2. If no application is made for a review of the seizure of the goods within the time given by clause 1(2)(b) of Schedule 5, the goods are condemned to the Crown.

  3. If an application for a review is made within that time, the goods are condemned to the Crown—

  4. if and when the application is discontinued:
    1. if the application is dismissed by the chief executive, at the close of the period of 20 working days after notice of the decision is given under clause 8 of Schedule 5 unless an appeal against the decision is lodged within that period under clause 9 of that schedule.

      Compare
      Notes
      • Section 185(1): amended, on , by section 9 of the Customs and Excise (Tobacco) Amendment Act 2020 (2020 No 16).