1Term of office of Authority

1. Every person appointed as a Customs Appeal Authority (an Authority) must be appointed for a term of up to 5 years that the Governor-General thinks fit, and may be reappointed.

2. A person appointed as an Authority may at any time resign his or her office by writing addressed to the Minister of Customs and the Minister of Justice.

3. An Authority continues in office despite the expiry of his or her term of office until—

4. the Authority is reappointed; or
5. the Authority’s successor is appointed; or
6. the Authority is notified that a replacement Authority will not be appointed; or
7. the Authority vacates or is suspended or removed from office.

8. An Authority who continues in office for any period under subclause (3), unless he or she was suspended or removed from office, may act as an Authority during that period for the purpose of—

9. completing any appeal partly or wholly heard by the Authority before the expiry of his or her term of office:
10. hearing any other appeal.

11. An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was suspended or removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.

2Suspension or removal

1. The Governor-General may suspend or remove from office a person appointed as an Authority for any of the following reasons:

2. engaging in any occupation for reward outside the duties of his or her office:
3. inability to carry out the functions of the office:
4. bankruptcy:
5. neglect of duty:
6. misconduct proved to the satisfaction of the Governor-General.

7. Where the terms of appointment of any person appointed as an Authority permit that person to engage in any occupation for reward outside the duties of his or her office, he or she is not liable to be suspended or removed from office under subclause (1)(a) because of his or her engaging in any occupation for reward permitted by the terms of his or her appointment.

3Oath to be taken by Authority

1. Before entering upon the performance of the duties of his or her office, every person appointed as an Authority must take and subscribe an oath before a Judge of the High Court that he or she will faithfully and impartially perform the duties of his or her office.

4Remuneration and travelling expenses

1. There must be paid out of money appropriated by Parliament for the purpose to any person appointed as an Authority remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if that person were a statutory Board within the meaning of that Act.

5Appointment of temporary acting Authority

1. If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.

2. No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.

3. An acting Authority is, while acting in the position, to be treated as an Authority.

4. No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

6Validity of appointment not to be questioned in proceedings (Repealed)

7Authority not personally liable

1. No person appointed as an Authority and no person appointed under clause 5(1) is personally liable for any act done or omitted to be done by him or her in good faith in pursuance or intended pursuance of his or her powers and authorities under this Act.

8Registrars of Authorities

1. Any Registrars of the Authorities that are required must be appointed under the Public Service Act 2020 and 1 person may be appointed Registrar of 2 or more Authorities.

2. To avoid doubt, a Registrar is not precluded from holding any other office in the public service.

9Seal

1. Every Authority must have a seal that must be judicially noted in all courts.

9AOrderly and efficient operation

1. An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—

2. in an orderly and efficient manner; and
3. in a way that achieves the purposes of this Act.

4. The Ministry of Justice must provide the resources and administrative support necessary to enable each Authority to perform its functions.

10Procedure

1. An Authority may regulate his or her procedures as he or she sees fit, subject to—

2. this Act and any regulations; and
3. any practice notes issued under clause 30A.

4. Regulations may prescribe any procedure to be followed by an Authority.

11Commencement of proceedings

1. Proceedings before an Authority must be commenced by the lodging of an application in a form approved by the chief executive of the Ministry of Justice after consulting all the Authorities, together with the prescribed fee (if any), with the Authority.

12Sittings of Authority

1. Sittings of an Authority must be held at the times and places that the Authority appoints.

2. An Authority may adjourn a sitting from time to time or place to place before the time of the sitting or at the sitting.

3. During the absence of the Authority or his or her inability from any cause to act, the Registrar of the Authority has the same powers as the Authority to adjourn a sitting.

13Nature of appeals

1. Appeals to an Authority must be by way of a hearing de novo.

2. For the purpose of hearing and deciding any appeal, an Authority has all the functions (including discretions) of the chief executive in making the assessment, decision, ruling, determination, or direction appealed from.

14Grounds of appeal and burden of proof

1. In an appeal the appellant is limited to the grounds stated in the appellant’s notice of appeal, and the burden of proof is on the appellant.

2. Despite subclause (1), the Authority may, either on the application of the appellant or of its own motion, amend the grounds stated in the notice of appeal.

15Authority may extend time for appeal

1. This clause applies where this Act provides that a person may appeal to an Authority within a specified time.

2. An Authority may, on an application made within the specified time, extend the time to bring an appeal.

16Allocation and notification of hearing

1. As soon as an Authority considers that an appeal is ready to be heard, the Authority must—

2. fix a date, time, and place for the hearing of the appeal; and
3. notify the appellant and the chief executive of the date, time, and place fixed.

4. A notice to the appellant under subclause (1)—

5. must, in addition to the matters referred to in subclause (1), inform the appellant of the provisions of clause 18(3) and (4); and
6. must be served on the appellant—
   1. by giving it to that person (that is, by personal service); or
   2. by posting it to that person’s address; or
   3. by delivering it to a box at a document exchange that that person is using at the time.

17Evidence

1. An Authority may receive as evidence any statement, document, information, or matter that, in the opinion of the Authority, may assist the Authority to deal effectually with the proceedings, whether or not it would be admissible in a court of law.

2. An Authority may take evidence on oath.

3. An Authority may permit a person appearing as a witness before it to give evidence by providing a written statement and, if the Authority thinks fit, verifying it by oath.

18Procedure at hearing of appeal

1. At the hearing of an appeal before an Authority, the appellant and the chief executive—

2. may call evidence; and
3. must be given an opportunity to be heard either in person or by a person authorised by the appellant or the chief executive, as the case may be, for that purpose whether or not that person is a lawyer.

4. The hearing of an appeal or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if an Authority considers it appropriate and the necessary facilities are available.

5. Repealed

6. The hearing of an appeal before an Authority must be in public.

7. Despite subclause (3), if the Authority considers that it is proper to do so, having regard to the interests of any party and to the public interest, it may hold a hearing or any part of a hearing in private.

8. The Authority may order that any part of any evidence given or the name of any witness not be published, and any such order may be subject to any conditions that the Authority thinks fit.

9. A person who breaches an order made under clause 18(5) is liable on conviction to a fine not exceeding $3,000.

19Authority may decide appeal without oral hearing if both parties consent

1. Despite clauses 16 and 18, an Authority may, if the Authority thinks fit and if both parties consent, decide an appeal without holding an oral hearing.

2. If an Authority at any time during its consideration of an appeal in accordance with subclause (1) considers that an oral hearing should be held, the Authority must fix a date, time, and place for the hearing of the appeal in accordance with clause 16.

20Authority may exercise certain District Court powers

1. For the purpose of dealing with the matters before it, an Authority has the powers of the District Court, in the exercise of its civil jurisdiction, in respect of citing parties and conducting and maintaining order at the hearings of the Authority.

21Powers of investigation

1. For the purpose of dealing with the matters before it, an Authority or any person authorised by the Authority in writing to do so may—

2. inspect and examine any papers, documents, records, or things:
3. require any person to produce for examination any papers, documents, records, or things in that person’s possession or under that person’s control, and to allow copies of or extracts from any such papers, documents, or records to be made:
4. require any person to provide, in a form approved by or acceptable to the Authority, any information or particulars that may be required by it, and any copies of or extracts from any papers, documents, or records in that person’s possession or under that person’s control.

5. The Authority may, if the Authority thinks fit, require that any written information or particulars or any copies or extracts provided under this clause must be verified by statutory declaration or in any other way required by the Authority.

22Production of documents

1. For the purpose of dealing with the matters before it, an Authority may on the Authority’s own motion, or on application,—

2. order that any information or particulars, or a copy of the whole or any part of any paper, document, or record, given or produced to it be supplied to any person appearing before the Authority; and
3. in the order, impose any terms and conditions that it thinks fit in respect of the supply, and the use that is to be made, of the information, particulars, or copy.

23Power to summon witnesses

1. For the purpose of dealing with the matters before it, an Authority may on its own motion, or on application, issue in writing a summons requiring any person—

2. to attend at the time and place specified in the summons and to give evidence; and
3. to produce any papers, documents, records, or things in that person’s possession or under that person’s control that are relevant to the matters before the Authority.

4. The power to issue a witness summons may be exercised by an Authority or any officer of an Authority purporting to act by the direction or with the authority of that Authority.

5. A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting all the Authorities.

24Service of summons

1. A witness summons may be served by—

2. delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
3. delivering the summons to the witness at his or her usual place of residence or business by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.

4. The summons must,—

5. if it is served under subclause (1)(a), be served at least 24 hours before the attendance of the witness is required:
6. if it is served under subclause (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.

7. If the summons is posted by letter, it is treated for the purposes of subclause (2)(b) as having been served on the fourth working day after the date of posting.

25Protection of persons appearing

1. Every person has the same privileges in relation to the giving of information to an Authority, the answering of questions put by an Authority, and the production of papers, documents, records, and things to an Authority as witnesses have in courts of law.

2. Every witness giving evidence, and every counsel or agent or other person appearing before the Authority, has the same privileges and immunities as witnesses and counsel in courts of law.

26Decision of Authority

1. Every decision of an Authority must be given in writing, with a statement of the Authority’s reasons for the decision.

2. A copy of the decision must be given to the appellant and to the chief executive and must be accompanied by a written statement of the provisions of clause 31(1).

3. Regulations may make provision for the publication of decisions.

27Power to award costs

1. An Authority may in any proceedings—

2. order a party to pay to the other party any costs and expenses (including witnesses’ expenses) that the Authority considers reasonable; and
3. apportion those costs and expenses between the parties or any of them in any manner the Authority thinks fit.

4. If, through failure to prosecute any proceedings at the time fixed for a hearing or to give adequate notice of the abandonment of any proceedings, an Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown any sum for costs that it considers reasonable.

5. If costs are awarded to a party or the Crown but have not been paid in full, the party or the Crown may file a copy of the order in the District Court, where it may be enforced for the amount that is still owing as if it were a judgment of the District Court.

28Authority may dismiss frivolous or vexatious appeal

1. An Authority may at any time dismiss an appeal if it is satisfied that the appeal is frivolous or vexatious.

28AAuthority may strike out, determine, or adjourn proceeding

1. An Authority may strike out, in whole or in part, a proceeding if satisfied that it—

2. discloses no reasonable cause of action; or
3. is likely to cause prejudice or delay; or
4. is frivolous or vexatious; or
5. is otherwise an abuse of process.

6. If a party is neither present nor represented at the hearing of a proceeding, an Authority may—

7. if the party is required to be present, strike out the proceeding; or
8. determine the proceeding in the absence of the party; or
9. adjourn the hearing.

29Witnesses’ allowances

1. Every witness attending a hearing to give evidence as a consequence of a summons is entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

2. On each occasion on which the Authority issues a summons under clause 23, the Authority must fix an amount that, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, must be paid or tendered to the witness.

3. The amount fixed under subclause (2) is the estimated amount of the allowances and travelling expenses to which, in the opinion of the Authority, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.

4. The whole or part of any amount fixed under subclause (2) may, with the consent of the witness, be paid or tendered in the form of vouchers or tickets.

30Payment of witnesses’ allowances

1. If a party to proceedings has requested the issue of a witness summons, that party—

2. is liable for payment of the witness’s fees, allowances, and travelling expenses; and
3. must, on applying for the issue of a witness summons, deposit with the Authority any amount that the Authority thinks sufficient.

4. The amounts of a witness’s fees, allowances, and travelling expenses must be paid out of the sum deposited under subclause (1)(b).

5. Where the Authority has of its own motion issued the witness summons, the Authority may direct that the amount of those fees, allowances, and travelling expenses be paid by the Crown.

30APractice notes

1. All the Authorities acting together may issue practice notes, to apply to all of them, as they think fit.

2. The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of each Authority, officers of an Authority, and parties before an Authority.

30BOnline publication of information about procedures, time frames, and progress of decisions

1. The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

2. information about the purpose of the Authorities and how to commence an appeal:
3. any requirements that must be met for an appeal:
4. guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.

31Rights of appeal to High Court

1. Any party who is dissatisfied with a decision of an Authority as being erroneous in point of law or fact may appeal to the High Court.

2. Every appeal under subclause (1) must be made by filing a notice of appeal in the appropriate registry of the High Court within 20 working days after the date of the decision appealed against or within any further time that the High Court allows.

32Notice to Authority

1. If a notice of appeal is filed with the High Court in accordance with clause 31(2), the appellant must, within 20 working days after the date of the decision, file with the Authority a copy of the notice of appeal specifying the registry of the High Court in which the case is to be filed.

2. An appellant (other than the chief executive) must give security for the costs of the appeal in the amount and in a form fixed by the Authority.

33Appellant’s case must be submitted to Authority

1. The appellant must—

2. prepare a case setting out the facts and the questions of law or fact arising for the determination of the High Court; and
3. within 2 months after the date of the Authority’s decision, submit the case to the Authority.

4. An Authority may return to an appellant a case that has been submitted for amendment.

5. If the Authority returns a case to the appellant, the appellant must further submit the case to the Authority within the time allowed by the Authority.

6. If an Authority accepts a case that has been submitted under subclause (1), the Authority must—

7. sign the case; and
8. deliver the case to the appellant.

9. The appellant must, within 14 days after the date of receipt of the case delivered by the Authority under subclause (4), transmit the case to the Registrar of the High Court in which the case is to be filed.

10. The Registrar of the High Court must enter the appeal for hearing at the first practicable sitting of the court.

34High Court may return case stated for amendment

1. On hearing an appeal, the High Court may, if it thinks fit, require the case stated to be referred to the Authority for amendment.

2. Clause 33(2) to (6) applies, with any necessary modifications, to a case that is referred back to the Authority for amendment as if the case had been submitted to the Authority under clause 33(1).

35Rights of appeal to Court of Appeal

1. Any party who is dissatisfied with a decision of the High Court on any case on appeal under clause 31 as being erroneous in point of law may appeal to the Court of Appeal.

36Authority may state case for High Court

1. An Authority may at any time, on the application of the appellant or the chief executive or of its own motion, state a case for the opinion of the High Court on any question of law arising in respect of any appeal before the Authority.

2. The Authority must give notice to the chief executive and the appellant of the Authority’s intention to state a case under this clause specifying the registry of the High Court in which the case is to be filed.

3. Clauses 33 and 34 apply to a case stated under this clause as if the case were an appeal to the High Court on a question of law in which—

4. the party, on whose application the Authority intends to state the case, is the appellant; or
5. where the Authority intends to state the case of its own motion, the chief executive is the appellant.

6. However, the time for submitting a case to the Authority is within 20 working days after the date on which the Authority gives notice under subclause (2), or any further time that the Authority allows.