Seizure of Goods by Customs
The principles and law surrounding the seizure and forfeiture of goods and assets by Customs have been looked at by the Law Commission. In a report to the government (along with draft amending legislation), the Commission says that the present statutory regime in Part XIV of the Customs and Excise Act 1996 is unsatisfactory and there is no justification for treating all cases with the same response. In particular, the Commission says that:
- timing issues around the confiscation of goods are unclear;
- penalties could be disproportionate; and
- the rights of review and appeal are unsatisfactory, in particular for innocent third parties who could have their property confiscated.
The Commission said that a "more transparent and less draconian legislative framework could be established without jeopardising the essential requirements of border protection." Instead, it has proposed a regime which categorises property unlawfully crossing or across the border, into four types:
- "Forbidden goods". This category will be those goods considered to be harmful in themselves (for example, controlled drugs, pornography, dangerous goods, pirated goods).
- "Restricted goods". This category will include goods that were the subject of duty avoidance, and goods that, although prohibited, are not harmful in themselves.
- Craft or vehicles and other things used in the commission of Customs violations. This includes both craft used with knowledge of the owner and those used without the owner's complicity.
- Apparatus used to manufacture excisable goods unlawfully.
It proposes that in all categories there should be a power to immediately take and detain the items - but without permanent forfeiture - for a period. A notice of the detention and proposed consequences should be given to affected persons, who would then have the right to respond before any confiscation or monetary penalty was imposed. They would also have a right to contest the decision through the Customs Appeal Authority.
The report and associated information can be found at: http://www.lawcom.govt.nz/ProjectReport.aspx?ProjectID=116. Hard copies ($15) can be ordered from the Law Commission, purchased by contacting: publications@lawcom.govt.nz tel (04) 473 3453, fax (04) 471 0959 |
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