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Customs and Excise Act 2018

Final and miscellaneous provisions - Offences - Other offences

385: Adapting craft for smuggling

You could also call this:

"Breaking the law by changing a boat to hide people or goods when entering New Zealand"

Illustration for Customs and Excise Act 2018

If you are in charge of a boat or you own a boat, you can commit an offence. This happens if your boat enters New Zealand and it has been changed to hide people or goods. You can make these changes to any part of the boat, a place on the boat, or a hole, pipe, or device on the boat. If you do this, you are breaking the law.

If you break this law, you can get a big fine. If you are an individual, the fine can be up to $20,000. If you are a company, the fine can be up to $100,000.

There are some defences you can use if you are charged with this offence, you can look at Section 54 to see what they are. This section is like the ones in subpart 1 of Part 3, so the same defences apply.

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Topics:
Crime and justice > Criminal lawImmigration and citizenship > Border controlTransport and travel > Boating
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Part 6Final and miscellaneous provisions
Offences: Other offences

385Adapting craft for smuggling

  1. The person in charge of a craft and the owner of the craft each commit an offence if—

  2. the craft enters or is found within New Zealand; and
    1. any of the following is adapted for the purpose of concealing goods or persons:
      1. any part of the craft:
        1. any place in the craft:
          1. any hole, pipe, or device in or on the craft.

          2. A person who commits an offence under this section is liable on conviction,—

          3. in the case of an individual, to a fine not exceeding $20,000:
            1. in the case of a body corporate, to a fine not exceeding $100,000.

              1. Section 54 (defences for offences) applies to an offence under this section as if this section were in subpart 1 of Part 3.

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