Customs powers of forteiture and seizure

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.

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

Forfeiture under the Customs and Excise Act 1996 (NZLC R91, 2006)

The Commission's Report, Forfeiture under the Customs and Excise Act 1996 (NZLC R91, 2006) is a review of Part XIV of the Customs and Excise Act 1996 (forfeiture and seizure provisions) and attaches draft legislation for reform of this part of the Act.

The Commission’s recommendations were reflected in the Customs and Excise Amendment Act (No 3) 2008.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).