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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

215: Powers in relation to unauthorised persons remaining in certain Customs-controlled areas

You could also call this:

"What happens if you're in a Customs area without permission"

Illustration for Customs and Excise Act 2018

If you are in a special area controlled by Customs, a Customs officer can ask you questions. They can ask about who you are, where you live, and why you are in that area. The officer can also stop you for a short time to ask you these questions. You might be in this area for a reason related to something described in section 56(1)(c) to (f). The Customs officer can tell you to leave the area and can even remove you if you do not leave right away.

If the officer needs to, they can use reasonable force to remove you from the area or to stop you. This rule does not change what is said in section 201.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039478.

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Crime and justice > Police and safetyTransport and travel > Border control
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Part 4Customs powers
Powers in relation to persons

215Powers in relation to unauthorised persons remaining in certain Customs-controlled areas

  1. This section applies to a person who is in a Customs-controlled area that is licensed for any of the purposes described in section 56(1)(c) to (f).

  2. A Customs officer may—

  3. question a person to whom this section applies about any of the following matters:
    1. the person's identity:
      1. the person's residential address:
        1. the person's reason or purpose for entering or remaining in the Customs-controlled area; and
        2. detain a person to whom this section applies for a reasonable period for the purpose of questioning the person under paragraph (a).

          1. A Customs officer may—

          2. direct a person to whom this section applies to leave the Customs-controlled area; and
            1. remove the person from the Customs-controlled area if the person does not leave immediately.

              1. A Customs officer may use reasonable force, if necessary, when exercising a power under subsection (2)(b) or (3)(b).

              2. This section does not limit section 201.

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