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Customs and Excise Act 2018

Customs powers - Powers in relation to goods

249: Return of cash necessary to satisfy basic needs

You could also call this:

"Getting back cash seized by Customs to cover basic needs like food and essentials"

Illustration for Customs and Excise Act 2018

If Customs seizes your cash under section 244, they do not have to keep it if they think you need it for basic needs. Basic needs are defined in section 4(1) of the Terrorism Suppression Act 2002. This means you need the cash to look after yourself or your family during the investigation.

Customs must give you back the cash if they think you need it and it is practical to do so. You can get your cash back if Customs is satisfied that you need it for things like food and other essential items.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039543.

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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."

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250: Seizure and detention of dangerous civil aviation goods, or

"Stopping dangerous goods from being taken on a plane"

Part 4Customs powers
Powers in relation to goods

249Return of cash necessary to satisfy basic needs

  1. The power to detain goods under section 244 does not extend to cash that is seized under that section if Customs is satisfied that the cash is necessary to satisfy basic needs (as defined in section 4(1) of the Terrorism Suppression Act 2002)—

  2. of an individual from whom the cash was seized, or his or her dependants; and
    1. that arise during the investigation period.

      1. Customs must, if practicable, immediately return any cash in relation to which it is satisfied as referred to in subsection (1).

      Compare
      Notes
      • Section 249 heading: amended, on , by section 57 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).
      • Section 249(1): amended, on , by section 57 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).