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Customs and Excise Act 2018

Customs powers - Powers in relation to persons

221: Detention for public health or law enforcement purposes

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you are stopped by a Customs officer, you can be detained for public health or law enforcement reasons. You might be detained if the officer thinks you have broken certain rules, such as those listed in section 208(1)(b), or if you do not follow a direction given by the officer under section 208.

A Customs officer can detain you to wait for a specified official, like a police officer, to arrive and question you, or to find out more about you. The officer can use reasonable force to detain you if necessary.

You can be detained for a reasonable period, which is usually up to 4 hours, but it might be longer in some cases. If you are already being detained under section 206 or section 220, the time you can be detained under this section will depend on how long you could have been detained under those sections.

Being detained under this section does not stop you from being detained or arrested under other laws, such as section 263. When the law says "detain", it means the officer can take you to a police station or give you to a police officer. A "specified official" is someone like a police officer, who is allowed to deal with certain matters, such as those listed in section 208(1)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039485.

Topics:
Crime and justice > Police and safetyHealth and wellbeing > Public health
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Part 4Customs powers
Powers in relation to persons

221Detention for public health or law enforcement purposes

  1. A Customs officer may detain under this section a person—

  2. who is being detained under section 206, 212, or 220 if the Customs officer has reasonable cause to suspect that 1 or more of the provisions of section 208(1)(b) apply to that person; or
    1. who is required to comply with a direction given under section 208 but fails to comply.

      1. A Customs officer may detain a person under this section to obtain the attendance of, or make inquiries of, a specified official who is authorised to do any of the following:

      2. question the person:
        1. ascertain or determine a matter relating to the status of the person:
          1. detain the person:
            1. arrest the person.

              1. A person may be detained under this section for a reasonable period not exceeding the shorter of the following periods:

              2. 4 hours:
                1. if the person's detention commenced under section 206 or 220, the maximum period for which the person could, at the time of his or her detention under this section, have been detained under section 206 or 220 (as the case may be).

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

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

                  3. being detained or further detained under another provision of this Act or under any other enactment (if there are lawful grounds for that detention); or
                    1. being arrested under section 263.

                      1. In this section,—

                        detain includes deliver a person to a Police station or into the custody of a constable

                          specified official means a constable, a bailiff, or an employee or agent of a department of State who is authorised in respect of a matter specified in section 208(1)(b).

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