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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

231: Powers if vehicles suspected to be transporting certain goods involved in offences, etc

You could also call this:

"Customs officers can stop and search vehicles if they suspect illegal goods are inside."

Illustration for Customs and Excise Act 2018

If you are driving a vehicle, a Customs officer can stop and search it if they think it has certain goods that are not allowed. This can happen if the officer thinks the vehicle has goods that have not been cleared by Customs, or goods that are prohibited. The officer can also stop and search the vehicle if they think it has evidence of an offence under the Customs and Excise Act.

The Customs officer can stop and search the vehicle if they have a good reason to believe it has goods that were brought into New Zealand unlawfully, or goods that are being taken out of New Zealand unlawfully. The officer can also stop and search the vehicle if they think it has goods that are controlled by Customs and have been taken from a Customs area without permission.

When a Customs officer stops and searches a vehicle, they must follow the rules set out in Part 4 of the Search and Surveillance Act 2012, except for some specific parts. However, some of these rules do not apply to goods that have been forfeited, such as sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039523.

Topics:
Transport and travel > DrivingCrime and justice > Police and safetyMoney and consumer rights > Consumer protection
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230: Questioning certain persons about cargo to be exported, or

"Customs officers can ask you questions about goods being sent overseas if they think you're involved."

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232: Accounting for goods, or

"Telling Customs about goods in a special area"

Part 4Customs powers
Powers in relation to goods

231Powers if vehicles suspected to be transporting certain goods involved in offences, etc

  1. This section applies to the following vehicles:

  2. any vehicle that is in a Customs place if a Customs officer has reasonable cause to suspect that—
    1. any dutiable, uncustomed, prohibited, or forfeited goods are in or on the vehicle; or
      1. there is evidence in or on the vehicle relating to any dutiable, uncustomed, prohibited, or forfeited goods; or
        1. there is evidence in or on the vehicle relating to any offence under this Act:
        2. any vehicle if a Customs officer has reasonable grounds to believe that—
          1. there are goods in or on the vehicle that have been unlawfully imported or are in the process of being unlawfully exported; or
            1. there is evidence in or on the vehicle relating to—
              1. the unlawful importation of any goods; or
                1. the unlawful exportation of any goods or an attempt to export any goods unlawfully:
              2. any vehicle if a Customs officer has reasonable cause to suspect that there are in or on the vehicle goods that are subject to the control of Customs and that have been removed from a CASE:
                1. any vehicle if a Customs officer has reasonable cause to suspect that there are goods in or on the vehicle that are—
                  1. subject to the control of Customs; and
                    1. in a sealed Customs package.

                    2. A Customs officer may—

                    3. stop and search the vehicle; and
                      1. detain the vehicle for as long as is reasonably necessary for the purposes of the search.

                        1. Part 4 of the Search and Surveillance Act 2012, except subparts 2 and 3, applies in respect of the powers under this section.

                        2. Despite subsection (3), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

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