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Customs and Excise Act 2018

Customs powers - Powers in relation to craft

191: Boarding and searching craft

You could also call this:

"Customs officers can board and search boats in New Zealand to check for illegal goods"

Illustration for Customs and Excise Act 2018

If you are on a boat in New Zealand, a Customs officer can board your boat. The officer can search your boat to make sure you are following the rules. You might be searched if the officer thinks you have goods on your boat that you should not have.

A Customs officer can use force to enter your boat or open packages if necessary. They can also look at all the goods on your boat. The officer is allowed to do this to make sure you are not breaking any rules.

If the officer is searching your boat because they think you have done something wrong, some special rules from the Search and Surveillance Act 2012 apply. However, these rules do not apply if the officer finds goods that have been forfeited, which means the goods are no longer yours because you broke the law. In this case, some parts of the Search and Surveillance Act 2012, such as sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 do not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039450.

Topics:
Transport and travel > BoatingCrime and justice > Police and safety
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190: Exercise of powers in contiguous zone, or

"Rules that apply in the sea next to New Zealand"

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Part 4Customs powers
Powers in relation to craft

191Boarding and searching craft

  1. This section applies to the following craft:

  2. a craft that has arrived in New Zealand:
    1. a craft that is departing from New Zealand:
      1. a craft in New Zealand that is en route to a point outside New Zealand:
        1. a craft to which section 35(2) applies that is en route to a point within New Zealand:
          1. any other craft in New Zealand that is transporting any domestic cargo or international cargo:
            1. a craft that is in New Zealand and that a Customs officer has reasonable cause to suspect—
              1. is transporting any dutiable, uncustomed, prohibited, or forfeited goods; or
                1. has been, is, or is about to be involved in the commission of an offence under this Act.

                2. A Customs officer may board the craft.

                3. A Customs officer may search the craft for the purpose of carrying out any function under this Act.

                4. Part 4 of the Search and Surveillance Act 2012, except subpart 3, applies in respect of a power under this section where it is being exercised solely in reliance on subsection (1)(f).

                5. Despite subsection (4), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

                6. In exercising the power to search under this section, a Customs officer may—

                7. use reasonable force to—
                  1. enter any part of a craft; or
                    1. open any package, locker, or other place:
                    2. examine all goods found on a craft.

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