Part 5Administrative provisions
General provisions about information (including joint border management)
302Joint border management
Customs may—
- collect any border information; and
- store any border information in a Joint Border Management System.
Information privacy principles 2 and 3 in section 22 of the Privacy Act 2020 do not restrict the collection or storage of personal information under subsection (1).
A person who is required to provide any border information to Customs may comply with that requirement by providing the border information to the Ministry, or an agency other than Customs, acting under section 41G of the Biosecurity Act 1993.
In this section,—
border information—
- means information—
- that is required to be provided to Customs or the Ministry under this Act or Part 3 of the Biosecurity Act 1993 for a border protection purpose; or
- that is otherwise lawfully provided or collected for a border protection purpose; and
- that is required to be provided to Customs or the Ministry under this Act or Part 3 of the Biosecurity Act 1993 for a border protection purpose; or
- includes (without limitation) information about any of the following:
- goods, persons, or craft:
- import or export transactions:
- importers or exporters; and
- goods, persons, or craft:
- also includes information that is derived from, or related to, any information referred to in paragraphs (a) and (b) or any analysis of information referred to in paragraphs (a) and (b)
border protection purpose means any lawful purpose relating to, or connected with, the carrying out of any of the following:
- a function of Customs under this Act:
- a Ministry-related border management function
Joint Border Management System or JBMS means any system operated for the collection, storage, and use of border information by Customs and the Ministry
Ministry—
- means the Ministry as that term is defined in section 2(1) of the Biosecurity Act 1993; and
- includes—
- the Director-General of Biosecurity; and
- an inspector appointed under section 103 of the Biosecurity Act 1993
- the Director-General of Biosecurity; and
Ministry-related border management function means any of the following:
- any function of the Ministry under Part 3 of the Biosecurity Act 1993:
- any other function of the Ministry under the Biosecurity Act 1993 that is necessary—
- any function of the Ministry under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
- the Food Act 2014:
- the Hazardous Substances and New Organisms Act 1996:
- the Agricultural Compounds and Veterinary Medicines Act 1997:
- the Animal Products Act 1999:
- the Wine Act 2003:
- any other Act specified by Order in Council made under section 165A of the Biosecurity Act 1993.
- the Food Act 2014:
- means information—
Notes
- Section 302(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).


