Part 4Customs powers
Controlled delivery
266Controlled delivery
This section applies if a Customs officer believes on reasonable grounds—
- that there is a controlled item in or on any craft, package, mail, vehicle, or goods; and
- that the controlled item has,—
- been imported in contravention of section 95 or 95A; or
- 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.
- been imported in contravention of section 95 or 95A; or
A Customs officer may, for the purpose of investigating the matter,—
- 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
- do any of the following:
- allow the craft or vehicle to leave:
- deliver the package, goods, or mail:
- allow the package, goods, or mail to be collected by, or delivered to, the consignee or a person acting on behalf of the consignee:
- allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs:
- return the package, goods, or mail to the appropriate carrier for delivery to the addressee.
- allow the craft or vehicle to leave:
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.
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).


