Part 5 Prohibited imports and prohibited exports

54 Prohibited imports

(1)

It is unlawful to import into New Zealand—

(a)

any of the goods specified in Schedule 1; or

(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

(ab)

goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or

(ac)

goods that, having regard to all relevant circumstances, can reasonably be considered—

(i)

part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or

(ii)

related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; 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)

[Repealed]

(6)

[Repealed]

(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.

(9)

In this section, crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961.

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(1)(ab): inserted, on 7 November 2015, by section 4(1) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).

Section 54(1)(ac): inserted, on 7 November 2015, by section 4(1) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).

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).

Section 54(5): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 54(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 54(9): inserted, on 7 November 2015, by section 4(2) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).