25 Craft arriving at place other than nominated Customs place

(1)

Nothing in section 24 applies to a craft—

(a)

that is required or compelled to berth, land, anchor, or otherwise arrive at a place other than a Customs place, nominated in accordance with section 21(1)(a), if this arrival—

(i)

is required by any statutory or other requirement relating to navigation; or

(ii)

is compelled by accident, stress of weather, or other necessity; or

(b)

that is authorised to berth, land, anchor, or otherwise arrive at a place other than a Customs place by the chief executive.

(1A)

An authorisation given under subsection (1)(b) may be granted subject to any conditions the chief executive considers appropriate (for example, conditions about the passengers and goods that may be carried on the craft).

(1B)

The chief executive may not grant any authorisation under subsection (1)(b) without consulting the chief executive of—

(a)

the Ministry of Agriculture and Forestry; and

(b)

the Ministry of Health; and

(c)

the New Zealand Police; and

(d)

if the proposed authorisation relates to an aircraft, the Civil Aviation Authority; and

(e)

if the proposed authorisation relates to a ship, the authority known as Maritime New Zealand; and

(f)

every other department of State whose operations may, in the chief executive’s opinion, be affected by the granting of an authorisation under subsection (1)(b).

(1C)

If any craft berths, lands, anchors, or otherwise arrives at a place other than a Customs place by reason of an authorisation under subsection (1)(b),—

(a)

the same powers may be exercised under this Act in relation to that craft as if it had arrived at a Customs place in accordance with Part 3, and the same obligations apply; and

(b)

the same powers may be exercised under this Act in relation to persons and goods on that craft as if those persons or goods were in a Customs controlled area, following arrival of the craft in accordance with Part 3, and the same obligations apply.

(2)

The person in charge of the craft—

(a)

must forthwith report to a Customs officer or to a constable; and

(b)

must not, without the consent of a Customs officer, permit any goods carried in the craft to be unloaded from it or any of the crew or passengers to depart from its vicinity; and

(c)

must comply with any directions given by a Customs officer in respect of any goods, crew, or passengers carried in the craft.

(3)

Subject to section 43(a), no member of the crew and no passenger on the craft shall without the consent of a Customs officer—

(a)

unload goods from the craft; or

(b)

depart from the vicinity of the craft,—

and all such persons must comply with any directions given by a Customs officer.

(4)

Where a craft is directed by a Customs officer pursuant to section 21(1)(b) to arrive at a place other than the Customs place nominated in accordance with section 21(1)(a), no person shall depart from or board the craft unless authorised to do so by a Customs officer.

Compare: 1966 No 19 ss 35A, 38

Section 25(1): substituted, on 24 September 2009, by section 5 of the Customs and Excise Amendment Act (No 3) 2008 (2008 No 68).

Section 25(1A): inserted, on 24 September 2009, by section 5 of the Customs and Excise Amendment Act (No 3) 2008 (2008 No 68).

Section 25(1B): inserted, on 24 September 2009, by section 5 of the Customs and Excise Amendment Act (No 3) 2008 (2008 No 68).

Section 25(1C): inserted, on 24 September 2009, by section 5 of the Customs and Excise Amendment Act (No 3) 2008 (2008 No 68).

Section 25(2)(a): amended, on 8 December 2009, by section 24 of the Customs and Excise Amendment Act 2009 (2009 No 61).