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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

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

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you have just arrived in New Zealand or are about to leave, a Customs officer or constable can search you. They can do this if they think you have hidden goods on or about your person that you should not have. You might have goods that you did not pay duty on, or goods that are not allowed in New Zealand. The rules about searching you are mostly covered by Part 4 of the Search and Surveillance Act 2012, but some parts do not apply. If you have goods that have been forfeited, some of the rules about searching you do not apply, such as sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4. A Customs officer or constable can search you if they have a good reason to think you are hiding something you should not have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039474.

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210: Search of persons, or

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

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212: Detention of persons committing or about to commit certain offences, or

"Customs officers can stop you if you break or are about to break certain rules"

Part 4Customs powers
Powers in relation to persons

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

  1. This section applies to—

  2. any person who has arrived in New Zealand at a place other than a Customs place within the preceding 24 hours; or
    1. any person who is about to depart from New Zealand from any place other than a Customs place; or
      1. any person who is in a Customs place.

        1. A Customs officer or constable may search the person if a Customs officer or constable has reasonable cause to believe that the person has hidden on or about his or her person—

        2. 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.

              1. Part 4 of the Search and Surveillance Act 2012, except subpart 3, applies in respect of the powers under this section.

              2. Despite subsection (3), 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.

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