(1) Section 143 of the Customs and Excise Act 1996 is amended by repealing subsection (1), and substituting the following subsections:
“(1AA) Subsection (1) applies to a customs officer and a craft—“(a) if the officer has reasonable cause to believe that an offence against this Act has been, is being, or is about to be committed on or in respect of the craft while it was or is within New Zealand; or“(b) if the craft is within New Zealand, and the officer has reasonable cause to believe that—“(i) there is on the craft a person who was carried into New Zealand on it; and“(ii) the carriage of the person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961.“(1) If subsection (1AA) applies to a Customs officer and a craft, the Customs officer—“(a) may—“(i) direct the craft to proceed to the nearest Customs place, or any other place the officer considers appropriate; or“(ii) direct that the craft remain where it is; and“(b) in either case, may detain the craft for any time and for any purposes reasonably necessary to carry out an investigation into the commission of the offence concerned.”
“(1AA) Subsection (1) applies to a customs officer and a craft—
“(a) if the officer has reasonable cause to believe that an offence against this Act has been, is being, or is about to be committed on or in respect of the craft while it was or is within New Zealand; or
“(b) if the craft is within New Zealand, and the officer has reasonable cause to believe that—
“(i) there is on the craft a person who was carried into New Zealand on it; and
“(ii) the carriage of the person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961.
“(1) If subsection (1AA) applies to a Customs officer and a craft, the Customs officer—
“(a) may—
“(i) direct the craft to proceed to the nearest Customs place, or any other place the officer considers appropriate; or
“(ii) direct that the craft remain where it is; and
“(b) in either case, may detain the craft for any time and for any purposes reasonably necessary to carry out an investigation into the commission of the offence concerned.”
(2) Section 174 of the Customs and Excise Act 1996 is amended by repealing subsection (2), and substituting the following subsection:
“(2) Notwithstanding subsection (1), a Customs officer may arrest without warrant any person found on a craft if the officer believes on reasonable grounds—“(a) that the person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act that is punishable by imprisonment; or“(b) that—“(i) the person carried into New Zealand some other person who is on the craft; and“(ii) the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961.”
“(2) Notwithstanding subsection (1), a Customs officer may arrest without warrant any person found on a craft if the officer believes on reasonable grounds—
“(a) that the person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act that is punishable by imprisonment; or
“(b) that—
“(i) the person carried into New Zealand some other person who is on the craft; and
“(ii) the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961.”