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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

247: Return of goods detained under section 244

You could also call this:

"Getting your goods back after they've been seized by Customs"

Illustration for Customs and Excise Act 2018

If goods are seized under section 244, they must be returned to you as soon as possible after certain things happen. This can be when investigations are finished and the goods are not found to be an instrument of crime or tainted property, as defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2009. It can also be when the investigation period ends.

You might not get your goods back right away if a charging document is filed or a foreign country makes a request to the Attorney-General under section 54 or 60 of the Mutual Assistance in Criminal Matters Act 1992. Customs can keep your goods until the proceedings are finished or the request is determined. The investigation period is 7 days after the goods were seized, plus any extra time the court allows under section 248.

The court can give more time to investigate, and this is added to the 7 days. You can find more information about what happens to your goods in sections 248 and 249. The investigation period is an important time when Customs looks at your goods to decide what to do with 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=DLM7039540.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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246: Offences in relation to custody of detained goods, or

"Breaking the rules when looking after seized goods can lead to fines or imprisonment"

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248: Extension of investigation period, or

"Customs can get more time to investigate goods if they think it might be linked to a crime."

Part 4Customs powers
Powers in relation to goods

247Return of goods detained under section 244

  1. Goods seized and detained under section 244 must be returned to the person from whom they were seized as soon as practicable after the first of the following to occur:

  2. the completion of all relevant investigations if the investigations determine that the goods are not an instrument of crime or are not tainted property (as those terms are defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2009):
    1. the expiry of the investigation period.

      1. Despite subsection (1), Customs may continue to detain goods until the relevant proceedings are completed, or the relevant request is determined, if, on or before the expiry of the investigation period,—

      2. a charging document is filed in respect of the relevant qualifying instrument forfeiture offence (as that term is defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2009); or
        1. a foreign country makes a request to the Attorney-General under section 54 or 60 of the Mutual Assistance in Criminal Matters Act 1992 (relating to foreign restraining orders).

          1. In this section and sections 248 and 249, investigation period, in relation to goods seized and detained under section 244, means—

          2. the period of 7 days after the date on which the goods were seized and detained; plus
            1. any further period that the court allows under section 248.

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