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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

248: Extension of investigation period

You could also call this:

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

Illustration for Customs and Excise Act 2018

If you have goods detained by Customs, the court can extend the time to investigate. You can ask the court to extend the 7-day period if you make the request within those 7 days. The court will agree if it thinks the goods might be linked to a crime and more time is needed to finish the investigation.

When you ask the court for an extension, you must put it in writing and give it to the person whose goods were taken, if you can find them. You need to include details like what the goods are, when they were taken, and why you think they might be linked to a crime. You also need to explain why you need more time to investigate.

Customs will try to tell the person whose goods were taken when and where the court will hear the request, at least 24 hours beforehand. The person whose goods were taken can go to the court hearing and have their say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039542.

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

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Part 4Customs powers
Powers in relation to goods

248Extension of investigation period

  1. The High Court may once only, by order, extend the 7-day period referred to in section 247(3)(a) for a reasonable period not exceeding 14 days if—

  2. an application for an extension is made within the 7-day period; and
    1. the court is satisfied that—
      1. there is good cause to suspect that the detained 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); and
        1. the extension is necessary to enable investigations (in or outside New Zealand) in relation to the goods to be completed.

        2. An application must—

        3. be made in writing; and
          1. be served on the person from whom the goods were seized (if that person can be identified and located); and
            1. include the following particulars:
              1. a description of the goods detained:
                1. the date on which the detention commenced:
                  1. a statement of the facts supporting the good cause to suspect required by section 244(1)(c):
                    1. a statement of reasons why the extension sought is necessary to enable investigations (in or outside New Zealand) in relation to the goods to be completed.

                    2. Customs must make all reasonable efforts to notify the person from whom the goods were seized of the time and place of the hearing of the application at least 24 hours before the hearing.

                    3. The person from whom the goods were seized is entitled to appear and be heard on the application.

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