Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

Customs powers - Powers in relation to goods

237: Powers if goods no longer under control of Customs suspected to be involved in offences or to be forfeited goods

You could also call this:

"What happens if Customs thinks your goods are involved in a crime after they leave their control?"

Illustration for Customs and Excise Act 2018

If you have goods that are no longer under the control of Customs, and the chief executive thinks they might be involved in an offence or be forfeited goods, this section applies to you. The chief executive can ask you to produce these goods for a Customs officer to inspect. You can be asked to do this if the chief executive has reasonable grounds to suspect the goods are involved in an offence under the Customs and Excise Act 2018 or are forfeited goods.

A Customs officer can inspect the goods and do things like those listed in section 227(2) in relation to them. If the goods are an electronic device and are suspected to be involved in an offence, the Customs officer can only do certain things, like those listed in section 228(2), if a certain threshold is met.

Part 4 of the Search and Surveillance Act 2012 applies to the powers under this section, except for subpart 3. However, some parts of the Search and Surveillance Act 2012, like sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, do not apply to forfeited goods.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039529.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protectionGovernment and voting > Government departments
Previous

236: Offences in relation to temporary removal of goods from Customs-controlled area, or

"Breaking rules when taking goods out of a Customs area can get you in trouble"

Next

238: Verification of entries, or

"Proving your import or export details are correct"

Part 4Customs powers
Powers in relation to goods

237Powers if goods no longer under control of Customs suspected to be involved in offences or to be forfeited goods

  1. This section applies to goods—

  2. that have ceased to be subject to the control of Customs; but
    1. that the chief executive has reasonable grounds to suspect are—
      1. goods in respect of which an offence under this Act has been committed; or
        1. forfeited goods.

        2. The chief executive may require a person who the chief executive believes has possession or control of the goods to produce them for inspection by a Customs officer.

        3. A Customs officer may inspect the goods and do any of the things listed in section 227(2) in relation to them.

        4. If goods referred to in subsection (1)(b)(i) are an electronic device, a Customs officer may do any of the things listed in section 228(2) only if the relevant threshold (if any) is met.

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

        6. Despite subsection (5), 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.

        Compare