Customs and Excise Act 2018

Administrative provisions - Organisation of Customs

272: Authorised persons: class authorisations

You could also call this:

"Who can help Customs officers do their job in special situations"

Illustration for Customs and Excise Act 2018

The chief executive can authorise a group of people to do some of the jobs of a Customs officer. This happens when the chief executive knows about a particular incident or situation and thinks Customs needs to take action. The chief executive must be satisfied that the group of people is suitable and not too big.

The chief executive can give the group permission to do certain jobs, but only for a specific reason and for up to 30 days. The permission must be in writing and say what the group can do, why they are being given permission, and how long the permission lasts. If the 30 days are up, the chief executive can give a new permission if needed.

If you are part of the authorised group, you can do the jobs you are allowed to do, and you will be treated like a Customs officer. When the permission ends, you must give back any documents or items you received, unless you get a new permission straight away. The chief executive can cancel the permission at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039596.


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Part 5Administrative provisions
Organisation of Customs

272Authorised persons: class authorisations

  1. This section applies if the chief executive—

  2. is aware of a particular incident or other circumstances; and
    1. is satisfied on reasonable grounds—
      1. that the incident or other circumstances require, or will require within the next 30 days, action by Customs; and
        1. that, for purposes connected with that action (the relevant purposes), it is reasonably necessary to authorise a particular class of persons to carry out any functions of a Customs officer under this Act; and
          1. that the number of persons within the class is not more than is reasonably necessary for the relevant purposes; and
            1. that every person within the class is suitably qualified and trained.
            2. The chief executive may, for the relevant purposes only, authorise the class of persons to carry out the functions.

            3. The authorisation must—

            4. be in writing; and
              1. specify—
                1. the class of persons; and
                  1. the incident or other circumstances; and
                    1. the action that Customs is, or will be, required to take; and
                      1. the relevant purposes; and
                        1. the functions covered by the authorisation; and
                          1. the term of the authorisation, which must not be for more than 30 days.
                          2. Subsection (3)(b)(vi) does not prevent a new authorisation being given from the end of the term (if the requirements of subsection (1)(a) and (b) are met).

                          3. A person who is within a class of persons authorised under this section—

                          4. may carry out, for the relevant purposes only, any of the functions specified in the authorisation; and
                            1. must, for the purposes of this Act, be treated as a Customs officer in relation to the carrying out of those functions by the person.
                              1. The person must, at the end of the term of the authorisation, surrender to the chief executive all articles or documents received by him or her in relation to the authorisation (unless a new authorisation begins immediately).

                              2. The chief executive may revoke an authorisation given under this section.

                              3. The chief executive may not delegate any of his or her powers under this section to another person.