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Customs and Excise Act 2018

Final and miscellaneous provisions - Offences - Other offences

389: Offences in relation to knowingly importing or exporting prohibited goods

You could also call this:

"Breaking the law by importing or exporting banned goods can lead to punishment."

Illustration for Customs and Excise Act 2018

If you are involved in importing or exporting goods that are not allowed, you can commit an offence. This happens if you knowingly help import or transport prohibited goods into New Zealand, or export them out of the country. You can also commit an offence if you remove prohibited goods from a Customs-controlled area without permission, or if you do not follow the rules of a licence or permit to import or export certain goods, as stated in section 95A, 96, or 97.

If you commit this offence, you can be punished. As an individual, you could go to prison for up to 6 months, or you could be fined up to $20,000 or three times the value of the goods. If you are a company, you could be fined up to $100,000 or three times the value of the goods.

If what you did is also against section 390 or 391, you will be dealt with under those sections instead of this one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039858.

Topics:
Crime and justice > Criminal lawMoney and consumer rights > Consumer protectionBusiness > Industry rules
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Part 6Final and miscellaneous provisions
Offences: Other offences

389Offences in relation to knowingly importing or exporting prohibited goods

  1. A person commits an offence if the person—

  2. is knowingly concerned in any importation, transportation, shipment, unshipment, or landing of prohibited imports; or
    1. is knowingly concerned in any exportation, transportation, or shipment of prohibited exports; or
      1. is knowingly concerned, or conspires, in the removal from a Customs-controlled area of any prohibited imports; or
        1. is knowingly concerned in a failure to comply with a term or condition of a licence, permit, or consent to import or export goods whose importation or exportation is otherwise prohibited under section 95A, 96, or 97.

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

          2. in the case of an individual, to—
            1. imprisonment for a term not exceeding 6 months; or
              1. a fine not exceeding the greater of the following:
                1. $20,000:
                  1. an amount equal to 3 times the value of the goods to which the offence relates:
                2. in the case of a body corporate, to a fine not exceeding the greater of the following:
                  1. $100,000:
                    1. an amount equal to 3 times the value of the goods to which the offence relates.

                    2. If any conduct that constitutes an offence under this section also constitutes an offence under section 390 or 391, the matter is to be dealt with under section 390 or 391 and not under this section.

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                    Notes
                    • Section 389(1)(d): amended, on , by section 14 of the Customs and Excise (Tobacco) Amendment Act 2020 (2020 No 16).