Customs and Excise Act 1996

56 Prohibited exports

  • (1) It is unlawful to export from New Zealand—

    • (a) 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

    • (b) goods or electronic publications the exportation of which is prohibited by an order under subsection (2)(a) or (b); and

    • (c) goods or electronic publications the exportation of which the Secretary has determined is prohibited under an order under subsection (2)(c).

    (1A) Electronic publications the exportation of which is prohibited by subsection (1) 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) If the Governor-General considers prohibition is necessary in the public interest, the Governor-General may by Order in Council prohibit the exportation from New Zealand of any or all of the following:

    • (a) any specified—

      • (i) electronic publications that have or may have a strategic use; or

      • (ii) goods; or

    • (b) a specified class or classes of—

      • (i) electronic publications that have or may have a strategic use; or

      • (ii) goods; or

    • (c) goods or electronic publications described by any use to which—

      • (i) they may be put; or

      • (ii) any information recorded on them may be put; or

      • (iii) any information capable of being derived from them may be put.

    (2A) For the purposes of this section,—

    military includes any armed force, paramilitary force, Police force, or militia

    Secretary means the Secretary of Foreign Affairs and Trade

    software is, depending on its form, either goods or an electronic publication

    strategic use, in relation to goods or an electronic publication, means use of the goods or electronic publication for any or all of the following:

    • (a) the development, production, or deployment of nuclear explosive devices (as defined in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

    • (b) the development, production, or deployment of biological weapons (as defined in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

    • (c) the development, production, or deployment of chemical weapons (as defined in the Schedule of the Chemical Weapons (Prohibition) Act 1996) and their means of delivery:

    • (d) military use or applications; or the development, production, or deployment of military goods or other goods that have a civilian use but that are intended for military use or that may have military applications.

    (2B) An order under subsection (2)(c) must describe goods or electronic publications by reference only to uses that relate (directly or indirectly) to either or both of the following:

    • (a) where contrary to New Zealand's interests, strategic uses:

    • (b) terrorist acts (as defined in section 5 of the Terrorism Suppression Act 2002).

    (2C) The Secretary may determine that any goods or electronic publications are goods or electronic publications described by an order under subsection (2)(c).

    (2D) As soon as practicable after making a determination under subsection (2C), the Secretary must give notice in writing (which includes, without limitation, by facsimile or electronic means) of the determination to the chief executive and to each relevant exporter.

    (2E) The relevant exporter is deemed to have received the Secretary's notice under subsection (2D) in accordance with section 285.

    (2F) If any person is aware or should reasonably be aware that any goods or electronic publications the person wishes to export are intended for or may have any of the uses described in an order made under subsection (2)(c), the person must, before exporting the goods or electronic publications, inform the Secretary.

    (2G) The Secretary must maintain an up-to-date list of all goods, classes of goods, electronic publications, and classes of electronic publications that are prohibited under subsection (2)(a) and (b) because they have or may have a strategic use.

    (2H) The Secretary must make the list maintained under subsection (2G) available by—

    • (a) notifying the chief executive of it; and

    • (b) publishing it on the Internet (at all reasonable times) on a website maintained by, or on behalf of, the Secretary.

    (2I) Any failure to publish a list under subsection (2H) does not invalidate the prohibition of goods or electronic publications mentioned in the list.

    (3) A prohibition imposed under this section—

    • (a) may be general; or

    • (b) may be limited to the export of goods or electronic publications to a specified place or by or to 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 exportation of goods or electronic publications—

    • (a) under the authority of a licence, permit, or 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 prohibition under this section applies to goods that are already loaded into the exporting craft at the time when the prohibition comes into force.

    (8) Unless otherwise specified in the order, an Order in Council under this section prohibiting the exportation of goods extends to and applies to the shipment of the goods for use as stores by a craft.

    Compare: 1966 No 19 s 70(2)–(4), (8), (9)

    Section 56(1): substituted, on 22 February 2005, by section 41 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

    Section 56(1)(b): substituted, on 6 March 2007, by section 8(1) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(1)(c): added, on 6 March 2007, by section 8(1) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(1A): inserted, on 22 February 2005, by section 41 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

    Section 56(1A): amended, on 6 March 2007, by section 8(2) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2): substituted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2A): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2B): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2C): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2D): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2E): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2F): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2G): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2H): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(2I): inserted, on 6 March 2007, by section 8(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(3)(b): amended, on 6 March 2007, by section 8(4) of the Customs and Excise Amendment Act 2007 (2007 No 9).

    Section 56(4): amended, on 6 March 2007, by section 8(5) of the Customs and Excise Amendment Act 2007 (2007 No 9).