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Customs and Excise Act 2018

Schedule 2: Application of Act to Defence Force

You could also call this:

"Rules for Defence Force members during emergencies"

Illustration for Customs and Excise Act 2018

When you are a member of the Armed Forces, some rules do not apply to you during an emergency. You can find more information about these rules in Subpart 1 of Part 3. If you are on a craft under the control of the Defence Force, these rules do not apply when you are dealing with an emergency.

If your craft arrives in or departs from New Zealand while dealing with an emergency, the Chief of Defence Force must tell Customs within 48 hours. They must also give Customs details about goods or people on the craft. You can find more information about the powers of Customs in Part 4.

The Chief of Defence Force and the chief executive decide what an emergency is, but it can include things like an attack on New Zealand or a search and rescue event. Customs has certain powers, but they can only use them in certain situations when it comes to members of the Armed Forces, defence areas, or crafts under the control of the Defence Force.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039980.

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Schedule 1: Transitional, savings, and related provisions, or

"Rules to help change from the old law to the new Customs and Excise Act 2018"

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Schedule 3: Excise duty and excise-equivalent duty, or

"Taxes on certain New Zealand-made and imported goods, like alcohol and fuel"

2Application of Act to Defence Force Empowered by s 10

1Requirements relating to arrival and departure of craft and persons

  1. Subpart 1 of Part 3 does not apply to any member of the Armed Forces, or any craft under the control of the Defence Force, during any period when that member or craft is involved in dealing with an emergency.

  2. Subclause (3) applies if a craft under the control of the Defence Force arrives in, or departs from, New Zealand while involved in dealing with an emergency.

  3. The Chief of Defence Force must, within 48 hours of the craft’s arrival or departure or any longer period that the chief executive allows,—

  4. notify Customs of the craft’s arrival or departure; and
    1. provide Customs with any details relating to goods or persons on the craft that are required by the chief executive.

      1. In this clause, emergency means—

      2. an emergency due to an actual or imminent attack on New Zealand by an enemy, or to any actual or imminent warlike act whether directed against New Zealand or not, if loss of life or injury or distress to persons or danger to the safety of the public is caused or threatened to be caused in New Zealand or in any part of New Zealand; or
        1. a search and rescue event at any point outside New Zealand involving a serious and imminent threat to the safety of persons or craft; or
          1. a state of war or other like emergency in any place outside New Zealand; or
            1. any other circumstances agreed between the chief executive and the Chief of Defence Force.

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              2Customs powers

              1. The powers in Part 4 may be exercised in relation to the following only in prescribed circumstances:

              2. a member of the Armed Forces:
                1. access to a defence area:
                  1. a craft under the control of the Defence Force.

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