Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

Final and miscellaneous provisions - Offences - Other offences

390: Offences in relation to knowingly importing or exporting objectionable publications

You could also call this:

"Breaking the law by importing or exporting banned publications can get you in big trouble"

Illustration for Customs and Excise Act 2018

If you are involved in bringing into or taking out of New Zealand any publications that are not allowed, you can get in trouble. This includes helping with importing, exporting, or moving these publications. You can also get in trouble if you try to remove these publications from a place where Customs is in charge. You might be helping with this or planning to do it, but either way, it is not allowed. If you do something like this, you could go to prison for up to 10 years or your company could get a fine of up to $100,000.

When a judge is deciding what punishment you should get, they will look at things like if you have done this before or if what you did was particularly bad, as outlined in sections 132A and 132B of the Films, Videos, and Publications Classification Act 1993. This law also applies if you do something like this outside of New Zealand, as stated in section 145A(1) of that Act. The judge will use these rules to help decide what to do with you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039859.

Topics:
Crime and justice > Criminal lawArts and culture > Heritage protection
Previous

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

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

Next

391: Offence in relation to knowingly importing or exporting goods for dishonest purpose, or

"It's against the law to import or export goods if you know they're for a dishonest purpose."

Part 6Final and miscellaneous provisions
Offences: Other offences

390Offences in relation to knowingly importing or exporting objectionable publications

  1. A person commits an offence if the person—

  2. is knowingly concerned in any importation, exportation, transportation, shipment, unshipment, or landing of any objectionable publication; or
    1. is knowingly concerned, or conspires, in the removal from a Customs-controlled area of an objectionable publication.

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

      2. in the case of an individual, to imprisonment for a term not exceeding 10 years:
        1. in the case of a body corporate, to a fine not exceeding $100,000.

          1. In the sentencing for an offence under this section, sections 132A and 132B of the Films, Videos, and Publications Classification Act 1993 (which relate to aggravating factors and repeat offenders) apply.

          2. An offence under this section is a relevant offence for the purposes of section 145A(1) of that Act (which relates to extraterritorial jurisdiction).

          Compare