Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

Customs powers - Powers in relation to documents

258: Retention of documents and goods obtained during inspection

You could also call this:

"What happens to things Customs officers take during an inspection"

Illustration for Customs and Excise Act 2018

When a Customs officer inspects something, they can take documents or goods if they think these are evidence of a crime or will be used to commit a crime. You can ask the officer for a copy of the document if it belongs to you. The copy is just as good as the original in court.

If a Customs officer takes your documents or goods, a court can decide what happens to them. The court can give them back to you or get rid of them in a way they think is fair. A Customs officer can also give your documents or goods back to you at any time, or ask a District Court Judge what to do with them.

If someone is found guilty of a crime related to the documents or goods, and a court makes an order about what to do with them, the order might not happen right away. This is because the person might appeal the decision, and the order will wait until the appeal is finished. You can find out more about how long you have to appeal in Part 6 of the Criminal Procedure Act 2011.

If the appeal happens, the court that hears the appeal can change or cancel the order that was made earlier. The court can make a new decision about what to do with the documents or goods.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7039566.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyMoney and consumer rights > Consumer protectionGovernment and voting > Government departmentsTransport and travel > Border control
Previous

257: Copying of documents obtained during inspection, or

"Customs officers can copy documents they find during inspections and use the copies as evidence"

Next

259: Unlawful travel documents, or

"What happens if you use a fake or altered passport to enter or leave New Zealand"

Part 4Customs powers
Powers in relation to documents

258Retention of documents and goods obtained during inspection

  1. A Customs officer may seize and retain any documents or goods that come into the officer’s possession during an inspection, audit, or examination carried out under this Act if the officer has reasonable cause to believe that the documents or goods are—

  2. evidence of the commission of an offence under this Act; or
    1. intended to be used for the purpose of committing any offence under this Act.

      1. A Customs officer who seizes a document under this section must, at the request of the person otherwise entitled to the document, provide that person with a certified copy of the document.

      2. Every certified copy of a document seized under subsection (1) is admissible in evidence in any court as if it were the original.

      3. If a Customs officer takes possession of and retains documents or goods under this section, the following provisions apply:

      4. in any proceedings for an offence relating to the documents or goods, the court may order that the documents or goods be—
        1. delivered to the person appearing to the court to be entitled to them; or
          1. otherwise disposed of in any manner and under any conditions that the court thinks fit:
          2. a Customs officer may at any time, unless an order has been made under paragraph (a),—
            1. return the documents or goods to the person from whom they were taken; or
              1. apply to a District Court Judge for an order as to their disposal:
              2. a District Court Judge may on an application under paragraph (b)(ii) make any order that a court may make under paragraph (a):
                1. if proceedings for an offence relating to the documents or goods are not brought within a period of 3 months after the date on which possession of the documents or goods was taken,—
                  1. any person who claims to be entitled to the documents or goods may, after the expiration of that period, apply to a District Court Judge for an order that they be delivered to that person; and
                    1. the District Court Judge may—
                      1. adjourn the application, on such terms as he or she thinks fit, to allow proceedings to be brought; or
                        1. make any order that a court may make under paragraph (a).

                      2. If a person is convicted in proceedings for an offence relating to documents or goods to which this section applies, and an order is made under subsection (4), the operation of the order must be suspended,—

                      3. in any case, until the expiry of the period prescribed by Part 6 of the Criminal Procedure Act 2011 for the filing of a notice of appeal or of an application for leave to appeal; and
                        1. if a notice of appeal is filed within that prescribed time, until the determination of the appeal; and
                          1. if an application for leave to appeal is filed within that prescribed time, until the application is determined; and
                            1. if leave to appeal is granted, until the determination of the appeal.

                              1. If the operation of an order is suspended until the determination of the appeal, the court determining the appeal may, by order, annul or vary the order made under subsection (4).

                              Compare