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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

210: Search of persons

You could also call this:

"Customs officers can search you in certain situations to check for hidden or forbidden goods"

Illustration for Customs and Excise Act 2018

When you are in New Zealand, a Customs officer or constable can search you in certain situations. You might be searched if you are arriving or departing from New Zealand by craft, or if you are in a designated place. A Customs officer or constable can do a preliminary search of you, which means they use special tools like a Customs dog or imaging equipment to search you without touching you.

A Customs officer or constable can search you if they think you have hidden something on you that you should not have, like goods that you did not declare or something that is forbidden. They can also search you if they think you have something that could hurt them or someone else. If a Customs officer or constable wants to search you, they can stop you for a short time to do the search.

The rules about searching people are explained in the Search and Surveillance Act 2012, except for some specific parts. However, some of those rules do not apply if the search is for goods that have been forfeited, which means the goods have been taken away because they were not allowed. You can read more about this in sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of the Search and Surveillance Act 2012.

A preliminary search is a type of search that does not involve much physical contact between you and the person searching you. It is done using special tools like Customs dogs, chemical substances, or imaging equipment. This type of search is not as invasive as other types of searches.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039472.

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211: Search of persons suspected of having goods hidden on or about their person, or

"Customs officers can search you if they think you're hiding something you shouldn't have on you."

Part 4Customs powers
Powers in relation to persons

210Search of persons

  1. This section applies to the following persons who are in New Zealand:

  2. any person who is on board, or is in the process of disembarking from, a craft that has arrived in New Zealand:
    1. any person in a designated place—
      1. who has arrived in New Zealand; or
        1. who is departing from New Zealand:
        2. any person who is on board, or is in the process of embarking onto, a craft that is departing from New Zealand.

          1. A Customs officer or constable may—

          2. conduct a preliminary search of the person; and
            1. for the purpose of conducting the preliminary search, detain the person for a reasonable period.

              1. A Customs officer or constable may search the person (whether or not a preliminary search of the person has been conducted) if a Customs officer or constable has reasonable cause to suspect—

              2. that the person has hidden on or about his or her person—
                1. any dutiable, uncustomed, prohibited, or forfeited goods; or
                  1. evidence relating to any such goods; or
                    1. any thing that is, or might be, evidence of a contravention of this Act; or
                    2. that—
                      1. the person has a dangerous item on or about his or her person; and
                        1. the item poses a threat to the safety of the officer or constable, or any other person; and
                          1. there is a need to act immediately in order to address that threat; and
                            1. a preliminary search would expose the Customs officer or constable, or any other person, to greater risk from the threat.

                            2. Part 4 of the Search and Surveillance Act 2012, except subpart 3, applies in respect of the powers under subsection (3).

                            3. Despite subsection (4), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

                            4. In this section, preliminary search means a search that—

                            5. involves little or no physical contact between the person conducting the search and the person being searched; and
                              1. is conducted—
                                1. by using an aid or aids such as a Customs dog, a chemical substance, or imaging equipment, or some other mechanical, electrical, or electronic device, or other similar aid; but
                                  1. not by any more invasive means.

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