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Customs and Excise Act 2018

Final and miscellaneous provisions - Offences - Miscellaneous provisions relating to offences

398: Filing of charging document

You could also call this:

"Starting a court case when you break a Customs rule"

Illustration for Customs and Excise Act 2018

When you break a rule under the Customs and Excise Act 2018, someone has to start a court case against you. This can be done by the chief executive, a Customs officer, or someone else working for Customs who has been chosen by the chief executive. You can assume someone has been chosen by the chief executive to start a court case unless it is proven otherwise.

If you break a specific rule, like those related to Customs Appeal Authorities, the court case must be started by the Registrar of a Customs Appeal Authority. For some offences, section 25 of the Criminal Procedure Act 2011 applies. This includes rules like section 18(3), 20, 25(1) or (2), and others.

For other offences under the Customs and Excise Act 2018, a different rule applies instead of section 25 of the Criminal Procedure Act 2011. When you break one of these rules, a charging document must be filed within 4 years of the date the offence was committed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039875.

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Crime and justice > Courts and legal helpCrime and justice > Criminal lawMoney and consumer rights > Consumer protectionBusiness > Industry rules
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Part 6Final and miscellaneous provisions
Offences: Miscellaneous provisions relating to offences

398Filing of charging document

  1. Proceedings for any offence under this Act, other than an offence referred to in subsection (3), may be commenced by—

  2. the chief executive; or
    1. a Customs officer or an agent or any other employee of Customs nominated by the chief executive.

      1. A person who purports to act in accordance with a nomination under subsection (1)(b) is, in the absence of proof to the contrary, presumed to have been nominated under that paragraph.

      2. Proceedings for an offence under any of sections 351 to 353 (offences in relation to Customs Appeal Authorities) must be commenced by the Registrar of a Customs Appeal Authority.

      3. Section 25 of the Criminal Procedure Act 2011 applies to—

      4. any offence under section 18(3), 20, 25(1) or (2), 27, 40, 79, 132(1), 180, 202, 209, 217, 219, 253, 352, 353, 358(3), 371, 377, 378, 383, 386, or 390 of this Act; and
        1. any offence created by regulations under section 403(5) of this Act.

          1. Subsection (6) applies to any other offence under this Act instead of section 25 of the Criminal Procedure Act 2011.

          2. A charging document in respect of the offence must be filed within 4 years after the date on which the offence was committed.

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