Customs Powers of Forfeiture & Seizure

Start date
01 July 2004
Status
Closed
Phone
04 473 3453
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Project Overview

This project reviewed the forfeiture provisions under Part XIV of the Customs and Excise Act 1996, having regard to any analogous border control practices in comparable jurisdictions.

Terms of Reference 

The Law Commission is to review the forfeiture provisions under Part XIV of the Customs and Excise Act 1996, having regard to any analogous border control practices in comparable jurisdictions, and in particular consider: 

(a) the adequacy of any limits and safeguards in respect of the forfeiture provisions to protect any person having an interest in goods seized or forfeited; 
(b) whether conviction should be a necessary precondition for forfeiture in any or all cases; 
(c) the applicability of the Bill of Rights Act in this context and the extent to which provisions comply with the NZ Bill of Rights Act; and 
(d) rights of appeal and ministerial review