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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

220: Detention of person to whom section 218 relates

You could also call this:

"Customs officers can hold you for questioning if they think you've broken the law"

Illustration for Customs and Excise Act 2018

If you are someone to whom section 218 relates, a Customs officer can detain you. The officer can detain you to question you under section 218(2), or to check if your answers are correct. The officer can also detain you to get another officer or to take you to a Customs place or Police station.

You can be detained for up to 12 hours, or for a bit longer if there are problems with transport or other special circumstances. You must be questioned as soon as possible after you are detained. If you answer the questions correctly and the officer is satisfied, you will be released.

If the officer is not satisfied with your answers, or thinks you might have committed an offence under section 34 or section 98C(1) of the Crimes Act 1961, you can be detained for longer. The officer can use reasonable force to detain you if necessary. This section does not stop you from being detained under other laws or 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=DLM7039484.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Customs
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219: Offence in relation to failure to produce evidence of identity, entitlement to travel, or other matters, or

"Breaking the rule: not doing what a customs officer asks when they tell you to show your ID or other information"

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221: Detention for public health or law enforcement purposes, or

"Customs officers can stop and hold you for a short time if they think you've broken the law or to keep you safe."

Part 4Customs powers
Powers in relation to persons

220Detention of person to whom section 218 relates

  1. A Customs officer may detain a person to whom section 218 relates for any of the following purposes:

  2. to question him or her under section 218(2):
    1. to enable the officer to make the inquiries that are necessary to establish whether an answer to a question put to the person under section 218(2) is correct:
      1. to obtain the attendance, or make inquiries, of another Customs officer or person entitled to exercise a power to question, detain, or arrest a person under this Act or the Crimes Act 1961:
        1. to deliver the person to a Customs place or Police station where the person may be, or may continue to be, questioned.

          1. The person may be detained—

          2. for a reasonable period not exceeding 12 hours:
            1. for a further reasonable period if accident, stress of weather, or some other difficulty of transport or special circumstance makes it impossible for a Customs officer to do any of the things specified in subsection (1)(a) to (d).

              1. The person must be questioned under section 218(2) as soon as practicable after the person is detained under this section.

              2. A Customs officer must release the person immediately after the person answers the questions put to the person under section 218(2) if the officer—

              3. is satisfied that the person has correctly answered the questions; and
                1. has no reasonable cause to suspect that the person has—
                  1. committed an offence under section 34 by not complying with section 28 or 31; or
                    1. committed an offence under section 98C(1) of the Crimes Act 1961.

                    2. A Customs officer may continue to detain a person after the person is questioned under section 218(2) if the officer—

                    3. is not satisfied that the person has correctly answered a question put to the person; or
                      1. is not satisfied that the person has given an answer to a question put to the person; or
                        1. has reasonable cause to suspect that the person has—
                          1. committed an offence under section 34 by not complying with section 28 or 31; or
                            1. committed an offence under section 98C(1) of the Crimes Act 1961.

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

                            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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