413Levies for recovering border processing costs

1. In this section, traveller means any person who arrives in New Zealand from, or departs from New Zealand for, any place outside New Zealand.

2. Every traveller who arrives in, or departs from, New Zealand is liable, while there is a levy order in force under subsection (3), to pay a levy to the chief executive in relation to the costs incurred by Customs—

3. in, or for the purpose of, carrying out its functions under this Act or any other enactment; and
4. in relation to travellers and their accompanying baggage (or other goods in their possession or under their control).

5. The Governor-General may, by Order in Council, on the recommendation of the Minister, make a levy order prescribing—

6. the rate of levy or the basis on which the rate is to be calculated or ascertained; and
7. insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and
8. when and how the levy is to be paid; and
9. how the rate of the levy, and any variation of the rate, is to be notified.

10. The Minister must, before recommending that a levy order be made under this section, consult the persons, representative groups, government departments, and Crown agencies that he or she considers reasonable and appropriate to consult in the circumstances.

11. A levy order must not be made in respect of the costs that are otherwise recovered, or otherwise to be recovered, under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014.

12. A levy order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).