Media release: Changes to Act come into force

The final amendments in the Customs and Excise Amendment Act (No 3) 2008 come into force on 24 September 2009.  These changes relate to three main areas.

Enhanced statutory appeal and review rights 

• The current process in the Customs and Excise Act 1996 to appeal against forfeiture allows an applicant to appeal to the District Court or to the Minister of Customs.
• The Amendment Act changes this to a system enabling applicants to apply to the Customs Comptroller and Chief Executive for the return of seized goods.  Any dissatisfied applicants will be able to appeal the Comptroller’s decision to the Customs Appeal Authority and then to the High Court.
• Under the new system there will be no cost to applicants in the first instance when they make their application to Customs for an internal review.

Ad hoc arrivals and departures

• All craft arriving into and departing from New Zealand must do so at a Customs place, except in exigent circumstances.  Ad hoc requests for arrivals to, and departures from, ports and airports that have not been designated as Customs places have increased in recent years.
• The Amendment Act gives the Customs Comptroller and Chief Executive the discretion to approve arrivals and departures outside of Customs places following consultation with other border agencies and subject to any appropriate conditions.

Increased penalties for tobacco-related offences

• The Amendment Act increases penalties relating to the manufacture or removal from Customs controlled areas of tobacco and tobacco products.
• The penalty for an individual has been increased from a fine not exceeding $5,000 to a fine not exceeding $20,000, or imprisonment for a term not exceeding six months, or both.
• The penalty for a body corporate has been increased from a fine not exceeding $25,000 to a fine not exceeding $100,000.

 

click here for more news articles