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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

227: Examination of goods subject to control of Customs

You could also call this:

"Customs officers can check goods to see if they are allowed in the country"

Illustration for Customs and Excise Act 2018

If you have goods that are subject to Customs control, a Customs officer can examine them. They can do this if they think the goods might be subject to Customs control too. The Customs officer can check the goods in different ways, such as weighing or testing them. They can also open packages to see what is inside.

When a Customs officer examines goods, they can do things like test the goods or take a small sample. They must take the smallest sample possible and can get rid of the sample afterwards. There are rules about how samples must be taken and used.

If Customs has to pay to examine your goods, you will have to pay them back. This is like paying a debt to the government. You can pay this debt in the same way you pay taxes on the goods.

If a Customs officer is checking an electronic device, they cannot look at the data on the device, see section 228, or access data that is not on the device, see section 225.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039502.

Topics:
Money and consumer rights > Importing and exporting goodsGovernment and voting > Government departmentsBusiness > Import and export regulations
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Part 4Customs powers
Powers in relation to goods

227Examination of goods subject to control of Customs

  1. A Customs officer may examine any goods—

  2. that are subject to the control of Customs; or
    1. that a Customs officer has reasonable cause to suspect are subject to the control of Customs.

      1. The power in this section authorises a person exercising it to do any of the following:

      2. examine, weigh, analyse, or test the goods, or cause the goods to be examined, weighed, analysed, or tested:
        1. open, or cause to be opened, any packages in which the goods are contained or suspected to be contained:
          1. examine, weigh, analyse, or test a suitcase, cargo device, or other package:
            1. conduct an examination that includes the physical or chemical testing of, or the drilling into, or the dismantling of, the goods:
              1. conduct an examination facilitated by any other means whatever:
                1. take and use samples of the goods, although the samples must be as small as possible for the purpose for which they are taken:
                  1. dispose of those samples.

                    1. Regulations may prescribe the way in which samples must be taken, used, or disposed of under subsection (2)(f) or (g).

                    2. All reasonable expenses incurred by Customs under this section are a debt due to the Crown by the importer, exporter, or owner of the goods, as the case may be, and are recoverable in the same manner as duty under this Act.

                    3. In relation to an electronic device, the power in this section does not authorise a person to access data in the device (see section 228) or to access data that is not in the device (see section 225, which relates to search warrants).

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