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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

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

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you do not follow a direction given by a Customs officer under section 203(3), you can be detained by the officer. You can be detained for up to 4 hours, which is a reasonable period of time. The officer can use reasonable force if necessary when detaining you.

If you are detained, it does not stop you from being detained further under another part of this Act or another law, if there is a good reason for it. You can also be arrested under section 263. When the law says "detain", it means the officer can take you to a Police station or give you to a constable to look after.

The officer has the power to detain you for a reasonable time, and this power is part of the Customs and Excise Act 2018. You will be treated fairly and the officer will follow the rules. The detention is to ensure you follow the direction given to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039464.

Topics:
Crime and justice > Police and safetyTransport and travel > Border control
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"Customs officers can ask you questions about things you're bringing into New Zealand and if you owe money."

Part 4Customs powers
Powers in relation to persons

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

  1. A Customs officer may detain a person who fails to comply with a direction given under section 203(3) for any of the purposes referred to in that subsection.

  2. The person may be detained for a reasonable period not exceeding 4 hours.

  3. A Customs officer may use reasonable force, if necessary, when exercising the power of detention under this section.

  4. To avoid doubt, this section does not prevent a person—

  5. being detained or further detained under any other provision of this Act or under any other enactment (if there are lawful grounds for that detention); or
    1. being arrested under section 263.

      1. In this section, detain includes deliver a person to a Police station or into the custody of a constable.