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Customs and Excise Act 2018

Administrative provisions - General provisions about information (including joint border management)

301: Customs’ general powers for using information

You could also call this:

"Customs can use the information they get for their job and to follow the law."

Illustration for Customs and Excise Act 2018

When you give information to Customs or they get it from somewhere else, they can use it for certain purposes. They can use the information for the reason it was given to them, or for other lawful purposes related to their job. You can find more information about this in section 302 or section 41G of the Biosecurity Act 1993.

Customs is allowed to use the information they have for things like carrying out their functions under this Act or other laws. If the information was given to them under section 48, section 49, or section 357, they can also use it for other purposes mentioned in section 47 or section 357(5).

You should know that Customs has to protect the information they have from being used or shared unlawfully. They must take all reasonable steps to keep the information safe, and not disclose it outside of Customs unless it's allowed by law. There are some limits on what Customs can do with personal information, especially when it comes to carrying out certain functions under subpart 6 of this Part.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039651.

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Part 5Administrative provisions
General provisions about information (including joint border management)

301Customs’ general powers for using information

  1. This section applies to—

  2. any information that is—
    1. provided to, or obtained or generated by, Customs under this Act or any other enactment; or
      1. otherwise provided to, or obtained or generated by, Customs for a lawful purpose related to, or connected with, any function of Customs under this Act or any other enactment; and
      2. without limiting paragraph (a), any border information that is stored in a JBMS under—
        1. section 302; or
          1. section 41G of the Biosecurity Act 1993.

          2. Customs may use the information for any of the following purposes:

          3. the purpose for which the information was, or was required or permitted to be, provided, obtained, or generated:
            1. any lawful purpose relating to, or connected with, the carrying out of any function of Customs under this Act or any other enactment.

              1. If the information is provided to, or obtained or generated by, Customs under section 48 or 49 or 357, Customs may also use the information for any of the other purposes referred to in section 47 or 357(5).

              2. Customs must take all reasonable steps to protect the information from being unlawfully—

              3. used; or
                1. disclosed outside of Customs.

                  1. Despite subsection (2), Customs may not hold or store personal information for the purpose only of carrying out any function under subpart 6 of this Part.

                  2. Nothing in this section limits, or prevents, the use of information that is authorised or required under any other provision of this Act.

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