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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

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

You could also call this:

"What happens if you don't report to or stay at a place you're supposed to when you arrive in New Zealand"

Illustration for Customs and Excise Act 2018

If you do not report to a Customs officer or Police station when you arrive in New Zealand, or if you do not stay at the place where you reported, a Customs officer or constable can detain you. They can detain you if they think you are breaking the law by not following the rules in section 28. You can be detained for not reporting to a Customs officer or Police station, or for not staying at the place where you reported.

A Customs officer or constable can only detain you for a reasonable period and only to make sure you follow the rules in section 28, or to take you to a Police station. They must let you go as soon as you have followed the rules. If necessary, a Customs officer or constable can use reasonable force to detain you.

If a Customs officer or constable thinks you have already broken the law, they cannot detain you under this section. This section does not stop you from being detained under other laws or from being arrested under section 263. You can still be detained or arrested if there are lawful grounds for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039476.

Topics:
Immigration and citizenship > Border controlCrime and justice > Police and safety
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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"

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214: Seizure of items found, or

"When Customs checks you, they can take items that might be illegal, dangerous, or unpaid for."

Part 4Customs powers
Powers in relation to persons

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

  1. A Customs officer or constable may detain a person who the Customs officer or constable has reasonable grounds to believe is committing, or is about to commit, an offence under section 34 by—

  2. not reporting immediately to a Customs officer or a Police station on arrival in New Zealand in contravention of section 28(a); or
    1. not remaining at the place where he or she reported to a Customs officer, or at the Police station, in contravention of section 28(b).

      1. A Customs officer or constable—

      2. may detain a person under this section only for the purpose of—
        1. ensuring that the person complies with section 28; or
          1. removing or delivering the person to a Police station; or
            1. in the case of a Customs officer, delivering the person into 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 section 28(a) or (b) (as the case may be).

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

                2. A Customs officer or constable 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.

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

                4. 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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