Customs and Excise Act 2018

Customs powers - Controlled delivery

266: Controlled delivery

You could also call this:

"Checking suspicious items that might have been brought into the country against the rules"

Illustration for Customs and Excise Act 2018

If a Customs officer thinks there is a controlled item in something, they can investigate. You might be wondering what a controlled item is, but the officer will look into it if they believe it has been imported incorrectly or an offence has been committed. The officer is checking if the item was brought into the country against the rules, such as those stated in section 95 or 95A, or if it is related to certain offences mentioned in section 265(c) and sections 363, 364, 366 to 368, and 371.

The Customs officer can leave the controlled item where it is or replace it with something else to help with the investigation. They can also let the item be delivered or collected, or give it back to the carrier to deliver to the right person. The officer is trying to figure out what is going on with the controlled item.

If the Customs officer does something in good faith and with reasonable care while investigating, they will not get into trouble. This means they will not be liable for anything they do or do not do during the investigation. The same applies to employees of carriers who are helping with the investigation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039587.


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"What 'controlled item' means in the law"


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267: International controlled delivery, or

"Helping to catch criminals by letting a controlled item move through countries with permission"

Part 4Customs powers
Controlled delivery

266Controlled delivery

  1. This section applies if a Customs officer believes on reasonable grounds—

  2. that there is a controlled item in or on any craft, package, mail, vehicle, or goods; and
    1. that the controlled item has,—
      1. been imported in contravention of section 95 or 95A; or
        1. in the case of a controlled item referred to in section 265(c), been imported and an offence has been committed under any of sections 363, 364, 366 to 368, and 371 in respect of the item.
        2. A Customs officer may, for the purpose of investigating the matter,—

        3. leave the controlled item, or substitute an item in the place of the controlled item, in or on the craft, package, mail, vehicle, or goods; and
          1. do any of the following:
            1. allow the craft or vehicle to leave:
              1. deliver the package, goods, or mail:
                1. allow the package, goods, or mail to be collected by, or delivered to, the consignee or a person acting on behalf of the consignee:
                  1. allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs:
                    1. return the package, goods, or mail to the appropriate carrier for delivery to the addressee.
                    2. A Customs officer is not under any criminal or civil liability for anything done or omitted to be done, or purported to have been done, in good faith and with reasonable care in the exercise of any power under this section.

                    3. An officer or employee of a carrier referred to in subsection (2)(b)(v) is not under any criminal or civil liability for anything done in the course of his or her duties in respect of any package, goods, or mail returned to the carrier under subsection (2)(b)(v).

                    Notes
                    • Section 266(1)(b)(i): replaced, on , by section 12 of the Customs and Excise (Tobacco) Amendment Act 2020 (2020 No 16).