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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

245: Custody of certain goods detained under section 244

You could also call this:

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

Illustration for Customs and Excise Act 2018

If a Customs officer detains a craft, vehicle, or animal under section 244, they can leave those goods with you if you are the person they took the goods from. They can also leave the goods with someone else they choose, as long as that person agrees to look after them.

You must keep the goods safe until a final decision is made under section 247, and you must do this without charging the government any money. You must also follow any reasonable conditions set by Customs.

You have to make the goods available to a Customs officer if they ask for them, and you cannot change or get rid of the goods, or take them out of New Zealand, unless a Customs officer says you can. If a Customs officer asks for the goods back, you must return them to Customs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039538.

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Part 4Customs powers
Powers in relation to goods

245Custody of certain goods detained under section 244

  1. If a craft, vehicle, or animal is detained under section 244, a Customs officer may leave those goods in the custody of—

  2. the person from whom the goods have been seized; or
    1. any other person authorised by the Customs officer who agrees to having custody.

      1. A person who has the custody of goods under subsection (1) must—

      2. hold them in safe keeping—
        1. until a final decision is made under section 247; and
          1. without charge to the Crown; and
            1. in accordance with any reasonable conditions that are imposed by Customs; and
            2. on request, make the goods available to a Customs officer; and
              1. not alter or dispose of the goods or remove the goods from New Zealand, unless authorised to do so by a Customs officer; and
                1. on demand, return the goods to the custody of Customs.

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