6Customs-approved secure exports schemes Empowered by s 281
1Application for scheme to be Customs-approved secure exports scheme
An application for a scheme to be approved as a Customs-approved secure exports scheme must—
- be made in the way prescribed by the chief executive’s rules; and
- include the matters required to be specified in the scheme under clause 2; and
- include any additional information that the chief executive considers necessary.
Compare
- 1996 No 27 s 53C(1)
2Details to be included in scheme
The scheme must specify the following:
- how the goods to be exported under the scheme are to be packed, including—
- the secure package to be used; and
- the seal, marking, substance, or device to be used in relation to the package, as soon as it is secured,—
- to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and
- to help to identify tampering or interference with the package after it is secured:
- to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and
- the secure package to be used; and
- any conditions required by the chief executive as to—
- the persons who are to pack the goods, and the security checks to be applied to those persons; or
- the conditions in which packing is to occur (for example, the area or areas in which packing is to occur, and the controls on the entry and exit of persons and goods to and from that area or those areas); or
- any other requirements relating to how the goods are to be packed:
- the persons who are to pack the goods, and the security checks to be applied to those persons; or
- how, on the completion of the packing of the goods, the goods are to be transported to the place of shipment and shipped, including any conditions required by the chief executive as to—
- the persons who are to transport the goods, and the security checks to be applied to those persons; or
- the manner in which the goods are to be transported; or
- any place or places of security en route to the place of shipment in which the goods are to be stored in the course of being transported to the place of shipment and shipped.
- the persons who are to transport the goods, and the security checks to be applied to those persons; or
Compare
- 1996 No 27 s 53E
3Matters to be acknowledged in scheme
The scheme must include the following express acknowledgements:
- that the goods to be exported under the scheme are subject to the control of Customs from the time when they are first secured in a Customs-approved secure package until they depart from New Zealand:
- that the powers of detention and search under section 231(1)(d) are available in respect of a vehicle in New Zealand if a Customs officer has reasonable cause to suspect that there are in or on the vehicle goods that are—
- subject to the control of Customs; and
- in a Customs-approved secure package:
- subject to the control of Customs; and
- that a Customs officer may, under section 230, question any of the following about any cargo to be exported:
- a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods that are—
- subject to the control of Customs; and
- in a Customs-approved secure package:
- subject to the control of Customs; and
- a person who is the owner or occupier of premises that a Customs officer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods that are—
- subject to the control of Customs; and
- in a Customs-approved secure package:
- subject to the control of Customs; and
- a person employed by a person described in subparagraph (i) or (ii):
- a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods that are—
- that the powers under sections 223, 227, and 228 are available in respect of goods that are, or are suspected to be,—
- subject to the control of Customs; and
- in a Customs-approved secure package.
- subject to the control of Customs; and
Compare
- 1996 No 27 s 53F
4Chief executive must notify applicant of decision whether to approve scheme
The chief executive must, as soon as practicable after a decision is made, notify the applicant of whether the scheme has been approved.
Compare
- 1996 No 27 s 53C(2)
5Approval of scheme
If the chief executive approves the scheme, the approval—
- must be in writing; and
- may be given subject to any conditions the chief executive specifies in the approval; and
- takes effect either on the day after the date on which it is given or on any later date specified in the approval.
Compare
- 1996 No 27 s 53C(3)
6Application to amend Customs-approved secure exports scheme
The operator of a Customs-approved secure exports scheme may apply to the chief executive to amend the scheme.
The application must—
- be made in the way prescribed by the chief executive’s rules; and
- specify the proposed amendments to the scheme; and
- contain any additional information that the chief executive considers necessary.
The scheme, as amended, must still comply with clauses 2 and 3.
Compare
- 1996 No 27 s 53C(5)
7Chief executive must notify applicant of decision whether to approve amendment
The chief executive must, as soon as practicable after a decision is made, notify an applicant of whether the amendment has been approved.
Compare
- 1996 No 27 s 53C(5)
8Approval of amendment
If the chief executive approves the amendment, the approval—
- must be in writing; and
- may be given subject to any conditions the chief executive specifies in the approval; and
- takes effect either on the day after the date on which it is given or on any later date specified in the approval.
Compare
- 1996 No 27 s 53C(5)
9Review of Customs-approved secure exports scheme
The chief executive may, at any time, review the operation of any Customs-approved secure exports scheme.
Compare
- 1996 No 27 s 53J
10Revocation of scheme’s approval
The chief executive may, by notice in writing to the operator of a Customs-approved secure exports scheme, revoke the approval of the scheme as a Customs-approved secure exports scheme.
The chief executive must revoke the approval of a scheme under subclause (1) if the operator of the scheme applies to the chief executive for its revocation.
The notice under subclause (1) must specify—
- that the revocation is subject to the condition that goods remain subject to the scheme until exported if, at the time the revocation takes effect, the goods have been secured under the scheme in a Customs-approved secure package but not yet exported; and
- any other conditions to which the chief executive makes the revocation subject; and
- the date on or after which the revocation takes effect.
Compare
- 1996 No 27 s 53C(4), (6)
11Applicant or operator may appeal
An applicant, or an operator of a scheme, who is dissatisfied with a decision of the chief executive under this schedule may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
Compare
- 1996 No 27 s 53C(7)
12Goods to be exported under Customs-approved secure exports scheme may be exported under drawback
Goods to be exported under a Customs-approved secure exports scheme may be exported under drawback if the conditions prescribed for the purposes of section 147(1) (if any) are satisfied, even though satisfying those conditions may involve transporting or handling or storing the goods in a way not specified in the scheme.
Compare
- 1996 No 27 s 53G
13Use of Customs-approved export seals in relation to goods to be exported under Customs-approved secure exports schemes
A Customs-approved export seal may be used in relation to a Customs-approved secure package after an approved seal, marking, substance, or device of the kind referred to in clause 2(a)(ii) has been used in relation to the package.
Goods are not be regarded as no longer to be exported under a Customs-approved secure exports scheme just because 1 or more Customs-approved export seals have been used in relation to a Customs-approved secure package.
Compare
- 1996 No 27 s 53H


