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Customs and Excise Act 2018

Customs powers - Powers in relation to craft

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

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you are on a boat in New Zealand, a Customs officer can stop you if they think someone on the boat has broken the law. The officer can stop the boat if they think a law is being broken, or if they think someone is going to break the law. This includes if someone on the boat has been smuggled into New Zealand, which is against the law under section 98C(1) of the Crimes Act 1961.

A Customs officer can keep the boat where it is, or tell it to go to a different place. The officer can also tell the people on the boat what to do while it is being kept. The officer can only do this if they think it is necessary to investigate whether a law has been broken.

If the person in charge of the boat tries to leave without permission, a Customs officer can keep the boat until they get permission to leave. The officer can also take charge of the boat, tell people on the boat what to do, or get another boat to tow it. The boat can be kept until the officer is sure everything is okay.

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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=DLM7039458.

Topics:
Crime and justice > Police and safetyImmigration and citizenship > Border controlTransport and travel > Boating
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198: Offence in relation to power to order ship to leave New Zealand, or

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

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200: Offences in relation to detained craft, or

"Breaking the law by taking a detained boat without permission"

Part 4Customs powers
Powers in relation to craft

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

  1. This section applies if a Customs officer has reasonable cause to believe—

  2. that an offence under this Act has been committed on, or in respect of, a craft that is in New Zealand; or
    1. that an offence under this Act is being, or is about to be, committed on, or in respect of, a craft that is in New Zealand; or
      1. that—
        1. there is a person on a craft in New Zealand; and
          1. the craft has transported that person into New Zealand; and
            1. that transportation constituted an offence under section 98C(1) of the Crimes Act 1961.

            2. A Customs officer—

            3. may detain the craft at the place where it is:
              1. may also direct—
                1. that the craft proceed to the nearest Customs place or to any other place that the officer considers appropriate; and
                  1. that the craft’s detention continue during the craft’s journey to that place, and at that place once the craft arrives there.

                  2. A power in subsection (2) is exercisable only if, and for so long as, a Customs officer is satisfied that the exercise of the power is reasonably necessary to carry out an investigation into the commission of the offence concerned.

                  3. If a direction is given under subsection (2)(b), a Customs officer may, for the purpose of implementing the direction, do any of the following:

                  4. direct any person on the craft to take any specified action:
                    1. take charge of the craft:
                      1. arrange for the craft to be towed by another craft.

                        1. Subsection (4) applies if the person in charge of the craft attempts, or threatens, to cause the craft to depart, without a certificate of clearance, from a place where it is detained under subsection (2).

                        2. A Customs officer may detain the craft until a certificate of clearance is issued.

                        Compare
                        Notes
                        • Section 199(2): replaced, on , by section 11 of the Maritime Powers Extension Act 2018 (2018 No 38).
                        • Section 199(2A): inserted, on , by section 11 of the Maritime Powers Extension Act 2018 (2018 No 38).
                        • Section 199(2B): inserted, on , by section 11 of the Maritime Powers Extension Act 2018 (2018 No 38).
                        • Section 199(3): replaced, on , by section 11 of the Maritime Powers Extension Act 2018 (2018 No 38).