Customs and Excise Act 1996

Part 5
Prohibited imports and prohibited exports

54 Prohibited imports

  • (1) It is unlawful to import into New Zealand—

    • (aa) all publications as defined in section 2 of the Films, Videos, and Publications Classification Act 1993 that are objectionable within the meaning of that Act in the hands of all persons and for all purposes; and all other indecent or obscene articles; or

    • (b) goods the importation of which is prohibited by an Order in Council made under subsection (2).

    (1A) Electronic publications the importation of which is prohibited by subsection (1)(aa) must be treated as if they were goods for the purposes of this Act (except for section 12 of the Goods and Services Tax Act 1985 which is deemed by section 1(3) of that Act to be part of this Act).

    (2) The Governor-General may from time to time, by Order in Council, prohibit the importation into New Zealand of—

    • (a) any specified goods; or

    • (b) goods of a specified class or classes,—

    if, in the opinion of the Governor-General, the prohibition is necessary in the public interest.

    (3) A prohibition imposed under this section—

    • (a) may be general; or

    • (b) may be limited to the importation of goods from a specified place or by or from a specified person or class of persons; or

    • (c) may, whether general or limited, be absolute or conditional.

    (4) A conditional prohibition may allow the importation of goods—

    • (a) under the authority of a licence or a permit (whether granted before or after the importation of the goods), or a consent, to be granted by the chief executive or by any other person named in the Order in Council, on or subject to such terms or conditions (if any) not inconsistent with the provisions of the prohibition, as may be imposed by the chief executive or other person granting the licence, permit, or consent; or

    • (b) on or subject to any other prescribed conditions.

    (5) An Order in Council made under subsection (2) shall,—

    • (a) if made on or before 30 June in any year, expire on the close of 31 December of that year except so far as it is expressly confirmed by Act of Parliament passed during that year; and

    • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year except so far as it is expressly confirmed by Act of Parliament passed before the end of that following year.

    (6) The expiry of an Order in Council under subsection (5) shall not affect the validity of any act done pursuant to or in accordance with the provisions of that Order in Council before the date on which the Order in Council expires in accordance with that subsection.

    (7) No goods otherwise dutiable are exempt from duty because their importation is unlawful.

    (8) All Orders in Council made under the Customs Act 1966 in force at the commencement of this Act prohibiting the importation of goods into New Zealand are deemed to have been made and confirmed under this section and shall continue in force in accordance with the provisions of section 55.

    Compare: 1966 No 19 s 48(2), (3)(a), (4), (5), (6), (12)

    Section 54(1)(aa): substituted, on 22 February 2005, by section 40 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

    Section 54(1A): inserted, on 9 October 2002, by section 5(2) of the Customs and Excise Amendment Act (No 2) 2002 (2002 No 31).