Review of seizure
With the passing of the Order in Council for the Customs and Excise Amendment Act (No 3), long held remedies for relief from seizure pass into history. Application to the District Court for an order disallowing seizure, and application to the Minister of Customs for waiver of forfeiture will no longer exist. They have been replaced by a Customs internal review of seizure process.
Existing sections 231 to 235 of the Customs and Excise Act 1996 (the Act) have been replaced with new sections 231 to 235B of the Act.
With effect from 24 September 2009, persons wishing to contest or obtain relief from seizure must apply in writing to the Chief Executive for a review of seizure. Applications for review can be made by letter or on NZCS Form 011 – Application for Review.
Applications for review should be sent directly to:
Comptroller of Customs
New Zealand Customs Service
PO Box 2218
WELLINGTON 6140
Seizure notices issued prior to 24 September 2009 will continue to have the existing rights relating to dispute and waiver of forfeiture, those issued after 24 September 2009 will include the information relating to review of seizure rights.
An application for review of seizure must be made within 20 working days from the date that the seizure notice is given to the applicant. A longer period to lodge the application for review may be allowed for persons who did not receive a seizure notice, or where it is considered to be in the interests of justice.
The application for review may be made on either or both of the grounds that:
- there was no legal basis for seizure
- in the circumstances the applicant should be granted relief.
Section 233(2) of the Act imposes a statutory obligation for the Chief Executive to make a decision on the application for review within 20 working days after receiving the application.
Following the decision of the Chief Executive, the applicant has the right, if dissatisfied with the decision, to appeal to a Customs Appeal Authority.
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