Customs and Excise Act 2018

Customs powers - Powers in relation to persons

208: Cases requiring investigation for public health or law enforcement purposes

You could also call this:

"When Customs officers think you might be sick or have broken the law, they can ask you to stay and answer questions."

Illustration for Customs and Excise Act 2018

If you are in a special place, like an airport, a Customs officer might ask you to stay there. This can happen if you have just arrived in New Zealand or are leaving New Zealand. The officer must have a good reason to think you might be sick with an infectious disease or have broken the law.

The Customs officer can ask you to stay if they think you have broken laws like the Biosecurity Act 1993, the Human Assisted Reproductive Technology Act 2004, or the Misuse of Drugs Act 1975. They can also ask you to stay if they think you are a threat to someone's life or safety. The officer can ask you to wait while they get a police officer or someone else to come and talk to you.

If a Customs officer tells you to stay, you must listen to them. They can ask you questions, check your status, or even arrest you. But you only have to stay for 4 hours, then you can leave.

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This page was last updated on 1 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039469.

Topics:

Health and wellbeing > Public healthCrime and justice > Police and safetyTransport and travel > Air travel

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"

209: Offence in relation to requirements imposed under section 207 or 208, or

"Breaking rules made to keep you safe can lead to a fine of up to $5,000."

Part 4Customs powers
Powers in relation to persons

208Cases requiring investigation for public health or law enforcement purposes

This section applies to a person in a designated place if—
the person—
1. has arrived in New Zealand; or
2. is departing from New Zealand; and
a Customs officer has reasonable cause to suspect that the person—
1. is liable to be detained under any enactment because of an infectious disease; or
2. is liable to arrest under warrant; or
3. is, in attempting to depart from New Zealand or in attempting to remove any other person from New Zealand, contravening, or about to contravene, any enactment or an order of a court; or
4. is liable to be prosecuted for an offence punishable by imprisonment; or
5. has contravened any of the following enactments:
  1. the Biosecurity Act 1993:
  2. the Human Assisted Reproductive Technology Act 2004:
  3. the Misuse of Drugs Act 1975:
  4. the Passports Act 1992:
  5. the Terrorism Suppression Act 2002:
  6. the Trade in Endangered Species Act 1989:
  7. regulations under the United Nations Act 1946; or
6. is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.

The Customs officer may direct the person to remain in the designated place for the purpose of obtaining the attendance of, or making 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 subsection (1)(b), to do any of the following:
question the person:
ascertain or determine the status of the person:
detain the person:
arrest the person.

A person to whom this section applies must comply with a direction of a Customs officer given under this section.
A direction under this section ceases to have effect 4 hours after it is given.

Compare

1996 No 27 s 32C