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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

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

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you are committing or about to commit a certain offence, a Customs officer can detain you. This can happen if you are leaving or boarding a craft when you are not supposed to, or if you are not following a Customs direction. You can also be detained if you do not go to a Customs-controlled area when you are told to, or if you leave the area without permission. A Customs officer can detain you if you do not follow a direction given to you under section 207(3).

A Customs officer can only detain you for a reasonable period and only to make sure you follow the rules or to take you to a Police station. The officer must let you go as soon as you have done what you were supposed to do. If necessary, a Customs officer can use reasonable force to detain you.

If a Customs officer thinks you have already committed an offence, they cannot detain you under this rule. This rule does not stop you from being detained under other laws or from being arrested under section 263.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039475.

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213: Detention of persons who do not report to or remain at certain places, or

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Part 4Customs powers
Powers in relation to persons

212Detention of persons committing or about to commit certain offences

  1. A Customs officer may detain a person who the Customs officer on reasonable grounds believes is committing, or is about to commit, an offence under section 20, 34, or 209 by—

  2. leaving or boarding a craft in contravention of section 19; or
    1. not complying with a Customs direction, in contravention of section 29(2); or
      1. not proceeding to a Customs-controlled area, in contravention of section 29(3)(a); or
        1. not remaining in a Customs-controlled area, in contravention of section 29(3)(b); or
          1. failing to comply with a direction given to the person under section 207(3).

            1. A Customs officer—

            2. may detain a person under this section only for the purpose of—
              1. ensuring the person’s compliance with 1 or more of the provisions referred to in subsection (1)(a) to (e); or
                1. delivering the person to a Police station or to the custody of a constable; and
                2. may detain a person under this section only for a reasonable period; and
                  1. must release a person detained under this section immediately after the person has complied with the requirements of—
                    1. the provision in relation to which he or she was detained; and
                      1. any other applicable provision referred to in subsection (1)(a) to (e).

                      2. A Customs officer may use reasonable force, if necessary, to detain a person under this section.

                      3. A Customs officer must not detain a person under this section if the officer believes that the person has already committed an offence to which subsection (1) relates.

                      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.

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