Customs and Excise Act 2018

Customs powers - Powers in relation to craft

198: Offence in relation to power to order ship to leave New Zealand

You could also call this:

"Breaking the rule to make a ship leave New Zealand can be a crime"

Illustration for Customs and Excise Act 2018

If you are in charge of a ship and you do not follow the rules outlined in section 197(3), you can commit an offence. You can use the defences listed in section 54 if you are charged with this offence, just like you would if this section were part of subpart 1 of Part 3. If you are found guilty, you could face imprisonment for up to 12 months or a fine of up to $15,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039457.


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197: Power to order ship to leave New Zealand, or

"Customs can order a ship to leave New Zealand if it's in the public's best interest."


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199: Detention of craft suspected to be involved in offences or smuggling migrants, or

"Stopping a boat if it's suspected of breaking the law or smuggling people into New Zealand"

Part 4Customs powers
Powers in relation to craft

198Offence in relation to power to order ship to leave New Zealand

  1. The person in charge of a ship commits an offence if the person fails to comply with section 197(3).

  2. Section 54 (defences for offences) applies to an offence under this section as if this section were in subpart 1 of Part 3.

  3. A person who commits an offence under this section is liable on conviction to—

  4. imprisonment for a term not exceeding 12 months; or
    1. a fine not exceeding $15,000.
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