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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

244: Detention of goods suspected to be instrument of crime or tainted property

You could also call this:

"Customs can hold your goods if they think they're involved in a crime."

Illustration for Customs and Excise Act 2018

If you are exporting or importing goods, a Customs officer can seize and detain them if they think the goods are involved in a crime or are tainted property. The officer must have a good reason to suspect this, and the goods must have come to their attention during a search or inspection under the Customs and Excise Act 2018 or the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, which includes subpart 6 of Part 2, or sections 114 and 115 of that Act. The officer's suspicion is based on the definitions of instrument of crime or tainted property in section 5(1) of the Criminal Proceeds (Recovery) Act 2009.

If the officer seizes your goods, they will try to tell you as soon as possible if you are not there when it happens. The officer can use reasonable force to seize the goods if necessary.

The Customs officer can then take the seized goods to a secure place and keep them there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039537.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyMoney and consumer rights > Consumer protectionBusiness > Industry rulesTransport and travel > Importing and exporting
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243: Power to seize, copy, and detain certain drugs and objectionable publications, or

"Customs officers can take and hold certain bad things, like drugs or naughty books, if they think they're against the law."

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245: Custody of certain goods detained under section 244, or

"Looking after goods that Customs has taken and is keeping for now"

Part 4Customs powers
Powers in relation to goods

244Detention of goods suspected to be instrument of crime or tainted property

  1. A Customs officer may seize and detain goods if—

  2. the officer is satisfied that the goods are being, have been, or are intended to be exported or imported; and
    1. the goods came to the officer’s attention, or into his or her possession, during a search, inspection, audit, or examination under—
      1. this Act; or
        1. subpart 6 of Part 2, or sections 114 and 115, of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; and
        2. the officer has good cause to suspect that the goods are an instrument of crime or are tainted property (as those terms are defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2009).

          1. A Customs officer may use reasonable force, if necessary, to seize or detain goods under subsection (1).

          2. If the person from whom goods have been seized and detained under subsection (1) is known, but is not present when the seizure and detention occurs, Customs must, as soon as practicable, make all reasonable efforts to notify that person of the detention and seizure.

          3. A Customs officer may direct that goods seized under subsection (1) be taken to any place of security and detained.

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