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Customs and Excise Act 2018

Customs powers - General powers

263: Arrest of suspected offenders

You could also call this:

"What happens if a Customs officer thinks you've broken the law and arrests you"

Illustration for Customs and Excise Act 2018

If you are suspected of committing a crime related to customs, a Customs officer can arrest you without a warrant. This can happen if the officer thinks you have done something wrong, like trying to cheat the customs revenue, or importing or exporting prohibited goods. The officer can also arrest you if you are suspected of committing a crime that could result in imprisonment.

When a Customs officer arrests someone, they must hand that person over to a police constable as soon as possible. If the arrested person is given a summons, which is like an official notice to appear in court, a Customs officer is responsible for making sure the right documents are filed with the court, as outlined in sections 28 and 30 of the Criminal Procedure Act 2011, and specifically section 31 of that Act.

A Customs officer can also arrest you if they think you have helped someone sneak into New Zealand on a boat, which is against the law as stated in section 98C(1) of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039582.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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Part 4Customs powers
General powers

263Arrest of suspected offenders

  1. A Customs officer may arrest without warrant any person who the officer has reasonable cause to suspect—

  2. has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence under section 371 (defrauding the Customs revenue), 376 (threatening or resisting a Customs officer), or 388 (importation or exportation of prohibited goods):
    1. has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence under this Act punishable by imprisonment:
      1. has committed an offence under section 98C(1) of the Crimes Act 1961 (which relates to smuggling unauthorised migrants) by transporting any other person into New Zealand on a craft.

        1. If a Customs officer arrests a person under this section, the officer must, as soon as practicable (unless the person is sooner released), deliver the arrested person into the custody of a constable.

        2. If a person who is delivered into custody under subsection (2) is issued with a summons in accordance with sections 28 and 30 of the Criminal Procedure Act 2011, the duties under section 31 of that Act (relating to the filing of a charging document) are the duties of a Customs officer.

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