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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

242: Power to seize and detain risk goods or goods involved in certain offences, etc

You could also call this:

"Customs officers can take goods from you if they think they're a risk or involved in a crime."

Illustration for Customs and Excise Act 2018

If you are bringing goods into New Zealand, a Customs officer can take them if they think the goods might be a risk or are involved in a crime. This can happen if the goods are risk goods, as defined in the Biosecurity Act 1993, and no clearance has been given. The officer can also take goods if they think the goods are evidence of a crime under certain laws, such as the Animal Products Act 1999, the Crimes Act 1961, the Fisheries Act 1996, the Immigration Act 2009, the Medicines Act 1981, or the Passports Act 1992. When a Customs officer takes your goods, they must give them to the right person as soon as possible. This person could be a police officer or someone who works for the government department responsible for the law that applies to your goods. Once the goods are given to this person, they become responsible for them. Some rules from the Search and Surveillance Act 2012 also apply to this situation, but not all of them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039534.

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243: Power to seize, copy, and detain certain drugs and objectionable publications, or

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Part 4Customs powers
Powers in relation to goods

242Power to seize and detain risk goods or goods involved in certain offences, etc

  1. A Customs officer may seize and detain any goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents—

  2. are risk goods (within the meaning of the Biosecurity Act 1993) for which no biosecurity clearance has been given under that Act; or
    1. are evidence of the commission of an offence under any of the following enactments:
      1. section 130 of the Animal Products Act 1999:
        1. section 98C of the Crimes Act 1961:
          1. section 232 or 233 of the Fisheries Act 1996:
            1. section 342(1)(c) or 345(1) of the Immigration Act 2009:
              1. section 37 or 43 of the Medicines Act 1981:
                1. section 29A, 30, or 31 of the Passports Act 1992.

                2. A Customs officer who detains goods or documents under this section must, as soon as practicable, deliver those goods or documents into the custody of the appropriate person specified in subsection (4).

                3. Once goods or documents have been delivered to the appropriate person, responsibility for those goods or documents passes to that person.

                4. The appropriate person referred to in subsections (2) and (3) is,—

                5. if the Customs officer suspects that subsection (1)(b)(ii), (iv), or (vi) applies to the goods or documents, a constable; and
                  1. if the Customs officer suspects that another provision of subsection (1) applies to the goods or documents, an appropriately authorised officer who—
                    1. holds office under the Act specified in that provision; or
                      1. is employed by the department of State that, with the authority of the Prime Minister, is responsible for the administration of that Act.

                      2. Part 4 of the Search and Surveillance Act 2012, except subparts 2 and 3, applies with any necessary modifications.

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