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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

218: Questioning specified persons about arrival or departure

You could also call this:

"Customs officers can ask you questions if they think you arrived or are leaving New Zealand incorrectly"

Illustration for Customs and Excise Act 2018

If a Customs officer thinks you have arrived in New Zealand without reporting to them, or you are trying to leave without permission, they can ask you questions. They can ask about your identity, where you live, your date of birth, and where you have been travelling. They can also ask about your right to travel and other things related to your trip. You might be asked about the boat or plane you arrived on, or the people you were with. If you are trying to leave New Zealand without permission, you might be asked about the boat or plane you were on, or the people who were with you. A Customs officer can also ask you to show them documents that are about the things they asked you. They can look at your documents, give them back, or keep them for a while. They might keep them to make a copy or to decide if they should keep them longer, as stated in section 256, section 257, or section 258. You have to answer their questions, even if you think it might get you in trouble, as section 383(3) does not apply here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039482.

Topics:
Immigration and citizenship > Border control
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Part 4Customs powers
Powers in relation to persons

218Questioning specified persons about arrival or departure

  1. This section applies if a Customs officer has reasonable cause to suspect that—

  2. a person has disembarked from a craft that has arrived in New Zealand and, without being otherwise authorised, has not reported to a Customs officer or a Police station on his or her arrival (in contravention of section 28); or
    1. a person is attempting to depart from New Zealand from a place other than a Customs place without an exemption or without being authorised by a Customs officer (in contravention of section 31).

      1. A Customs officer may question the person about any of the following matters:

      2. the person's identity:
        1. the person's residential address:
          1. the person’s date of birth:
            1. the person's travel movements:
              1. the person's entitlement to travel:
                1. any of the matters referred to in section 205(2)(a) to (d):
                  1. if subsection (1)(a) applies (arrival in New Zealand),—
                    1. the craft from which the person disembarked or is suspected of disembarking:
                      1. any other person who is, or was, involved in the person's arrival or suspected arrival:
                        1. whether the other person was on the craft:
                        2. if subsection (1)(b) applies (attempted departure from New Zealand),—
                          1. the craft on which the person attempted to depart, or is suspected of attempting to depart, from New Zealand:
                            1. any other person who is, or was, involved in the person's departure, attempted departure, or suspected departure:
                              1. whether the other person was on the craft.

                              2. A Customs officer may also demand that the person produce documents that—

                              3. are in the person's possession or under the person’s control; and
                                1. relate to the matters the person has been questioned about under subsection (2).

                                  1. A Customs officer may do any of the following things with a document produced under subsection (3):

                                  2. inspect the document and immediately return it to the person when the officer has finished inspecting it:
                                    1. inspect the document and retain it for the length of the person's detention under section 220:
                                      1. inspect the document and retain it for as long as is necessary to ascertain whether the chief executive wishes to exercise his or her power under section 256 to retain the document:
                                        1. inspect the document and remove it for the purpose of making a copy under section 257:
                                          1. inspect the document and retain it under section 258.

                                            1. Subsections (3) and (4) are subject to section 259.

                                            2. Section 383(3) (failure to answer questions on ground of self-incrimination) does not apply in respect of a question asked under this section.

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