Customs and Excise Act 2018

Customs powers - Powers in relation to persons

214: Seizure of items found

You could also call this:

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

Illustration for Customs and Excise Act 2018

If a Customs officer or constable is searching you under section 210 or 211, they can take something from you if they think it might be a dangerous item. They can also take something if they think it might be goods that you should have paid duty on, or goods that are not allowed in New Zealand. You should know that they can take things that might be evidence of something wrong, like a thing that breaks the Customs and Excise Act 2018. Some rules from the Search and Surveillance Act 2012 apply when Customs officers or constables take things from you, you can find these rules in subparts 1, 5, 6, 7, 9, and 10 of Part 4.

When Customs officers or constables take things from you, some specific rules from the Search and Surveillance Act 2012 do not apply, these are sections 125(4), 131(5)(f), and 133, and subpart 6 of Part 4, if the things they take are goods that have been forfeited. Forfeited goods are things that have been taken away because they broke the law, and different rules apply to them.

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Part 4Customs powers
Powers in relation to persons

214Seizure of items found

  1. A Customs officer or constable may seize any thing found on or about a person when carrying out a search under section 210 or 211 that the Customs officer or constable has reasonable cause to suspect is—

  2. a dangerous item; or
    1. dutiable, uncustomed, prohibited, or forfeited goods; or
      1. evidence relating to goods referred to in paragraph (b); or
        1. a thing that is, or might be, evidence of a contravention of this Act.
          1. The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of the powers under this section.

          2. Despite subsection (2), sections 125(4), 131(5)(f), and 133, and subpart 6 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

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