209 Offences in relation to importation or exportation of prohibited goods

(1)

Every person commits an offence who—

(a)

imports into New Zealand or unships or lands in New Zealand goods the importation of which is prohibited by or under section 54; or

(b)

exports, or transports with intent to export, goods from New Zealand the exportation of which is prohibited by or under section 56; or

(c)

except for the conduct described in paragraph (cab), is knowingly concerned in any importation, exportation, transportation, shipment, unshipment, or landing of goods (other than objectionable publications) to which paragraph (a) or (b) applies; or

(ca)

fails, in breach of section 56(2F), to inform the Secretary of Foreign Affairs and Trade that any goods or electronic publications he or she wishes to export are intended for or may have any of the uses described in an order made under section 56(2)(c); or

(cab)

is knowingly concerned in any importation or exportation of—

(i)

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

(ii)

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

(A)

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

(B)

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

(d)

without lawful justification or excuse, removes from a Customs controlled area imported goods the importation of which is prohibited by or under section 54; or

(e)

is knowingly concerned or conspires, in the removal from a Customs controlled area of goods (other than objectionable publications) the importation of which is prohibited by or under section 54; or

(f)

commits a breach of, or fails to comply with, a term or condition on or subject to which a licence, permit, or consent has been granted, under an Order in Council made under section 54(2) or section 56(2); or

(g)

is knowingly concerned in a breach or failure to comply to which paragraph (f) applies.

(1A)

Every person commits an offence who—

(a)

is knowingly concerned in any importation, exportation, transportation, shipment, unshipment, or landing of an objectionable publication; or

(b)

is knowingly concerned in the removal from a Customs controlled area of an objectionable publication or conspires to remove an objectionable publication from a Customs controlled area.

(1B)

In this section, objectionable publication means, as the case requires, a publication as defined in section 2 of the Films, Videos, and Publications Classification Act 1993—

(a)

the importation of which is prohibited by or under section 54; or

(b)

the exportation of which is prohibited by or under section 56.

(2)

Every person who commits an offence against any of paragraphs (c), (e), or (g) of subsection (1) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $50,000; or

(c)

in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.

(2A)

Every person who commits an offence against subsection (1)(cab) is liable on conviction to imprisonment for a term not exceeding 3 years.

(3)

Every person who commits an offence against paragraph (a), (b), (ca), (d), or (f) of subsection (1) is liable on conviction,—

(a)

in the case of an individual to a fine not exceeding $5,000; or

(b)

in the case of a body corporate to a fine not exceeding $10,000.

(4)

It is not a defence in a prosecution for an offence referred to in subsection (3) that the defendant had no knowledge or no reasonable cause to believe that the goods in respect of which the offence was committed were prohibited imports or prohibited exports, as the case may be.

(4A)

However, it is a defence in a prosecution for an offence relating to an export of goods prohibited by or under section 56(1)(c) if the defendant proves that, through no fault of the relevant exporter, the relevant exporter did not actually receive the Secretary’s notice of the prohibition sent under section 56(2D).

(5)

Every person who commits an offence against subsection (1A) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 10 years; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(6)

By way of explanation, an offence against subsection (1A) can be affected by, and operate with, related provisions of the Films, Videos, and Publications Classification Act 1993, because an offence of that kind—

(a)

is an offence to which section 132A of that Act (which specifies an aggravating factor to be taken into account in sentencing, etc, for certain publications offences) applies; and

(b)

is a specified publications offence for the purposes of section 132B of that Act (which specifies a presumption of imprisonment for repeat offenders) if—

(i)

it is committed before or after the commencement of section 132B of that Act; and

(ii)

the publication that was the subject of the offence is objectionable (within the meaning of that Act) because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c) of that Act; and

(c)

is a relevant offence as defined in section 145A(1) of that Act (which relates to extraterritorial jurisdiction).

(7)

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

Compare: 1966 No 19 ss 48(7), (8), 70(6)

Section 209(1)(a): amended, on 22 February 2005, by section 42(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1)(b): amended, on 22 February 2005, by section 42(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1)(c): amended, on 7 November 2015, by section 6(1) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).

Section 209(1)(c): amended, on 22 February 2005, by section 42(4) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1)(ca): inserted, on 6 March 2007, by section 20(1) of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 209(1)(cab): inserted, on 7 November 2015, by section 6(2) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).

Section 209(1)(d): amended, on 22 February 2005, by section 42(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1)(e): amended, on 22 February 2005, by section 42(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1)(e): amended, on 22 February 2005, by section 42(4) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(1A): substituted, on 17 September 2008, by section 12 of the Customs and Excise Amendment Act (No 3) 2008 (2008 No 68).

Section 209(1B): inserted, on 22 February 2005, by section 42(3) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(2A): inserted, on 7 November 2015, by section 6(3) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).

Section 209(3): amended, on 6 March 2007, by section 20(2) of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 209(4A): inserted, on 6 March 2007, by section 20(3) of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 209(5): added, on 22 February 2005, by section 42(5) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 209(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 209(5)(a): amended, on 7 May 2015, by section 4(1) of the Customs and Excise (Objectionable Publications) Amendment Act 2015 (2015 No 43).

Section 209(6): replaced, on 7 May 2015, by section 4(2) of the Customs and Excise (Objectionable Publications) Amendment Act 2015 (2015 No 43).

Section 209(7): inserted, on 7 November 2015, by section 6(4) of the Customs and Excise Amendment Act (No 2) 2015 (2015 No 100).