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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

206: Detention of persons questioned about goods or debt and suspected to be involved in offences

You could also call this:

"Customs officers can hold you for questioning if they think you've broken the law about goods or debt."

Illustration for Customs and Excise Act 2018

If a Customs officer asks you a question about goods or debt and you do not give a correct answer, or you do not give an answer at all, the officer can detain you. The officer must have a good reason to think you or someone with you has broken the law. You can be detained if the officer is not satisfied with the reason or explanation you give for the goods in your possession or control.

A Customs officer can detain you for one or both of these reasons: to check if your answer is correct, or to get another officer to question you. The officer can also detain you to get someone else to come and ask you more questions.

You can be detained for up to 4 hours. This does not stop you from being detained for longer under a different law, or from being arrested under section 263 if there is a good reason to do so. You can still be detained or arrested under another law if the officer has a good reason to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039466.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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205: Questioning persons about goods and debt, or

"Customs officers can ask you questions about things you're bringing into New Zealand and if you owe money."

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207: Completion of processing under Immigration Act 2009 and Biosecurity Act 1993, or

"Follow the immigration and biosecurity rules when arriving or leaving New Zealand"

Part 4Customs powers
Powers in relation to persons

206Detention of persons questioned about goods or debt and suspected to be involved in offences

  1. A Customs officer may detain a person if—

  2. a Customs officer—
    1. is not satisfied that an answer to a question put to the person under section 205(2) is correct; or
      1. has not been given an answer to a question put to the person under section 205(2); or
        1. is not satisfied as to a reason or explanation given by the person in response to a question put to the person under section 205(2) about goods that are or have been, or that the officer suspects are or have been, in that person’s possession or under that person’s control; and
        2. a Customs officer has reasonable cause to suspect that an offence under this Act has been, is being, or is about to be committed by the person or any other person associated with that person.

          1. The power of detention under this section may be used only for 1 or both of the following purposes:

          2. to enable the Customs officer to make any inquiries necessary to establish whether an answer to a question or a reason or an explanation given is correct:
            1. to obtain the attendance, or make inquiries, of another Customs officer or any other person who is entitled to exercise any power to question, detain, or arrest a person under this Act.

              1. A person may be detained under this section for a reasonable period not exceeding 4 hours.

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

              3. 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.

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