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Customs and Excise Act 2018

Administrative provisions - Disclosure of information - Disclosure to government agencies

311: No Crown liability to third parties for fines enforcement action

You could also call this:

"The government is not liable for problems caused to others when enforcing unpaid fines"

Illustration for Customs and Excise Act 2018

If you are alleged to have not paid a fine, the government can take action against you when you arrive in or before you leave New Zealand. You might be questioned so the government can decide what action to take. The government is not responsible for any problems this causes to other people, like airlines or their passengers, unless the government employees did not act fairly or were very careless. The government's responsibility to you, the person who allegedly did not pay the fine, is not affected by this rule. You can find more information about this rule by looking at the Customs and Excise Act 2018 and similar laws, such as section 280E of the 1996 No 27 act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039729.

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Part 5Administrative provisions
Disclosure of information: Disclosure to government agencies

311No Crown liability to third parties for fines enforcement action

  1. This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter), or to the questioning of any alleged defaulter with a view to taking any fines enforcement action, immediately—

  2. after the arrival of the alleged defaulter in New Zealand; or
    1. before the departure of the alleged defaulter from New Zealand.

      1. The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.

      2. Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter.

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