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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

201: Evidence of identity, entitlement to travel, etc

You could also call this:

"Showing who you are when you travel"

Illustration for Customs and Excise Act 2018

When you are travelling, you might meet a Customs officer. The officer can ask you to tell them your full name, residential address, and date of birth. You might also need to show them a document, like a passport, or fill out a form if you do not have the document with you.

The Customs officer is asking you for this information to check who you are, where you are going, or if you are allowed to travel. They will look at your document and then give it back to you right away. However, in some cases, the officer might need to keep your document for a little while to check if it is valid.

If your document is on a device, like a phone or tablet, the officer can only keep the device if they have a good reason to do so, as stated in section 228. Otherwise, they will give the device back to you right away. You should know that this rule is also connected to other rules, like section 256 and section 259.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039461.

Topics:
Transport and travel > Air travelTransport and travel > Border controlImmigration and citizenship > Border control
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202: Offence in relation to failure to produce evidence of identity, entitlement to travel, etc, or

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Part 4Customs powers
Powers in relation to persons

201Evidence of identity, entitlement to travel, etc

  1. This section applies to the following persons:

  2. an internationally ticketed passenger using air or sea travel for a domestic sector:
    1. a domestic passenger using air or sea travel for a domestic sector:
      1. a person in a designated place who—
        1. has arrived in New Zealand; or
          1. is departing from New Zealand:
          2. any other person who is within a Customs-controlled area that is licensed to be used for the disembarkation, embarkation, or processing of persons arriving in, or departing from, New Zealand.

            1. The person must, on demand by a Customs officer,—

            2. state the person's—
              1. full name; and
                1. residential address; and
                  1. date of birth; and
                  2. produce any prescribed document for inspection or, if the person is unable to produce the prescribed document, complete a declaration in the prescribed form.

                    1. A Customs officer may make a demand under subsection (2)(b) only for the purpose of establishing 1 or more of the following:

                    2. the person’s identity:
                      1. the person’s travel movements:
                        1. the person’s entitlement to air or sea travel for a domestic sector.

                          1. A Customs officer must immediately inspect and return a document produced by a person under subsection (2)(b).

                          2. Despite subsection (4), a Customs officer may retain a document produced under subsection (2)(b) for as long as is necessary to determine whether the chief executive wishes to exercise his or her power to retain the document under section 256.

                          3. If a document referred to in subsection (4) or (5) is produced in electronic form on a device,—

                          4. before the device can be retained under subsection (5) or a power under section 228 can be exercised in relation to the device, the relevant threshold in section 228 must be met; and
                            1. a Customs officer must immediately return the device under subsection (4) if paragraph (a) does not apply.

                              1. This section is subject to section 259 (which relates to unlawful travel documents).

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