Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

Customs powers - Powers in relation to persons

203: Verification of identity using biometric information

You could also call this:

"Proving who you are with fingerprints or photos when arriving or leaving New Zealand"

Illustration for Customs and Excise Act 2018

When you arrive in or leave New Zealand, you might be in a special area. You can be asked to give biometric information, like a fingerprint or a photo, to check who you are. This is so a Customs officer can make sure you are who you say you are.

If you do not give the biometric information when asked, a Customs officer can tell you to stay in that area. They might want to ask you more questions to figure out who you are. They can also call a police officer or someone else who can help.

You have to listen to the Customs officer and do what they say. If they tell you to stay, you have to stay for a while, but not more than 4 hours. After 4 hours, you can leave, even if they told you to stay.

If there are problems, a Customs officer can get help from someone like a police officer, as stated in section 208(1)(b). They can ask you questions, check your status, or even arrest you. But you always have to follow what the Customs officer says.

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 It might be out of date or be missing some parts.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=DLM7039463.

Topics:
Immigration and citizenship > Border controlCrime and justice > Police and safety
Previous

202: Offence in relation to failure to produce evidence of identity, entitlement to travel, etc, or

"Not showing ID or travel proof when asked can be a crime"

Next

204: Detention of persons failing to comply with direction under section 203(3), or

"What happens if you don't follow a Customs officer's direction"

Part 4Customs powers
Powers in relation to persons

203Verification of identity using biometric information

  1. This section applies to a person in a designated place who—

  2. has arrived in New Zealand; or
    1. is departing from New Zealand.

      1. A Customs officer may, during the processing of a person’s arrival in, or departure from, New Zealand, request the person to provide biometric information for the purpose of verifying the person’s identity using biometric matching.

      2. A Customs officer may direct a person who fails to comply with a request under subsection (2) to remain in the designated place for any of the following purposes:

      3. to enable a Customs officer to make any inquiries necessary to establish the identity of the person:
        1. to enable a Customs officer to obtain the attendance of, or make inquiries of, a constable, a bailiff, or an employee or agent of a department of State who is authorised, in respect of a matter specified in section 208(1)(b), to do any of the following:
          1. question the person:
            1. ascertain or determine the status of the person:
              1. detain the person:
                1. arrest the person.

                2. A person must comply with a direction given under subsection (3).

                3. A direction under subsection (3) ceases to have effect 4 hours after it is given.