Customs and Excise Amendment Regulations (No 3) 2004

2004/379

Customs and Excise Amendment Regulations (No 3) 2004


Note

These regulations are administered in the New Zealand Customs Service.


Pursuant to sections 50 and 286 of the Customs and Excise Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Customs and Excise Amendment Regulations (No 3) 2004.

    (2) In these regulations, the Customs and Excise Regulations 19961 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 December 2004.

3 New Part 2A inserted
  • The principal regulations are amended by inserting, after regulation 11, the following Part:

    Part 2A
    Customs-approved areas for storing exports (CASEs)

    11A Application for CASE licence
    • Every application for an area to be licensed as a CASE—

      • (a) must be in form 2A; and

      • (b) must be made at the Customs office that is nearest to the area in respect of which the licence is sought.

    11B Form of CASE licence
    • Every CASE licence granted under the Act must be in form 2B.

4 New regulations 12 to 12D substituted
  • The principal regulations are amended by revoking regulation 12, and substituting the following regulations:

    12 Content of advance notice of arrival varies depending on type of craft and what carried
    • (1) The notice required by section 21(1)(a) of the Act must contain the information in regulation 12A and—

      • (a) if the craft to which it relates is carrying cargo, the information in regulation 12B(1); and

      • (b) if the craft to which it relates is a ship or boat carrying cargo, the information in regulation 12B(2); and

      • (c) if the craft to which it relates is an aircraft, the information in regulation 12C; and

      • (d) if the craft to which it relates is a ship or a boat, the information in regulation 12D(1); and

      • (e) if the craft to which it relates is a ship primarily involved in the transportation of passengers, the information in regulation 12D(2).

      (2) In regulations 12C and 12D, status means, in relation to a person, that person's status in relation to a craft, for example, whether the person is a passenger on, or a crew member of, a craft.

    12A Content of advance notice of arrival
    • The advance notice required by section 21(1)(a) of the Act must contain the following information:

      • (a) the estimated date and time of arrival of the craft in New Zealand; and

      • (b) the Customs place or other place at which the craft will arrive; and

      • (c) the name of the person in charge of the craft; and

      • (d) the name and contact details of the person providing the information.

    12B Content of advance notice of arrival: craft carrying cargo
    • (1) The advance notice required by section 21(1)(a) of the Act for all craft carrying cargo must contain the following information:

      • (a) a statement as to whether the cargo on the craft is arriving by air or by sea; and

      • (b) the name and voyage or flight number of the craft carrying the cargo; and

      • (c) the names of the parties involved in the transporting of the cargo; and

      • (d) details of the bill or airway bill issued in relation to the cargo; and

      • (e) a description of the cargo's attributes; and

      • (f) the place at which the cargo was first loaded for export, and if it was transhipped, the place or places at which it was transhipped; and

      • (g) the place at which the cargo is to be discharged, and if it is to be delivered elsewhere, the place of delivery; and

      • (h) the names and addresses of the consignors and consignees of the cargo, and any contact parties; and—

      • (i) details of any packaging in which the cargo is packed; and

      • (j) the number of inward cargo reports intended to be given, and the names of the persons who will be giving them.

      (2) The advance notice required by section 21(1)(a) of the Act for all ships and boats carrying cargo must contain the following information:

      • (a) details of the shipping containers in which the cargo is packed; and

      • (b) the place at which each container was packed and its point of final delivery.

    12C Content of advance notice of arrival: aircraft
    • The advance notice required under section 21(1)(a) of the Act for all aircraft must contain the following information:

      • (a) the type of aircraft; and

      • (b) the aircraft's registration number; and

      • (c) the aircraft's originating airport; and

      • (d) the name of every airport at which the aircraft has landed between its originating airport and arrival at the Customs place or place of arrival; and

      • (e) the name of every airport in New Zealand at which it intends to land; and

      • (f) the status of each traveller, including passengers and crew members; and

      • (g) the respective numbers of passengers and crew members on the aircraft; and

      • (h) in respect of every passenger and crew member—

        • (i) the person's full name, date of birth, gender, and nationality; and

        • (ii) an indication of whether the person's travel document is a passport or certificate of identity, the number and expiry date of the passport or certificate of identity, the state or organisation that issued it, and the city in which it was issued; and

        • (iii) the airport at which the person embarked on the aircraft; and

        • (iv) whether the person is disembarking at the Customs place and, if not, the airport at which the person is expected to disembark; and—

      • (i) the crew ranking or rating of every crew member on the aircraft; and

      • (j) the Customs place or other place at which the aircraft is intended to depart from New Zealand, the aircraft's expected time of departure, and its intended place of overseas destination.

    12D Content of advance notice of arrival: ships and boats
    • (1) The advance notice required under section 21(1)(a) of the Act for all ships and boats must contain the following information:

      • (a) the type of ship or boat and its gross tonnage; and

      • (b) the name and identity of the ship or boat, including its voyage number, International Maritime Organisation number, the country of registration, registration number if applicable, and its radio call sign; and

      • (c) the name of the ship or boat's owner or charterer; and

      • (d) details of the ship or boat's voyage, including the name of every port in New Zealand at which the ship or boat intends to call and the estimated date of arrival at each of those ports; and

      • (e) the ship or boat's originating port; and

      • (f) the next overseas port for which the ship or boat is destined; and

      • (g) the respective numbers of passengers and crew members on board the ship or boat; and

      • (h) the date and port at which the ship or boat's crew members signed on; and—

      • (i) in respect of every passenger and crew member—

        • (i) the person's full name, date of birth, gender, and nationality, and status; and

        • (ii) the number of the person's passport or certificate of identity, the state or organisation that issued it, and the city in which it was issued; and

        • (iii) the port at which the person embarked on the ship or boat; and

        • (iv) whether the person is disembarking at the Customs place and, if not, the port or place at which the person is expected to disembark; and

      • (j) the crew ranking or rating of every crew member on the ship or boat.

      (2) The advance notice required under section 21(1)(a) of the Act for all ships primarily involved in the transportation of passengers (for example, a cruise ship) must contain information on the expected time and date of departure of the craft from the Customs place or other place of departure.

5 New regulation 17A inserted
  • The principal regulations are amended by inserting, after regulation 17, the following regulation:

    17A Delivery time of outward report of craft
    • An outward report must be delivered to the Customs under section 34(a) of the Act,—

      • (a) in the case of a ship or boat, not less than 4 hours before the intended time of departure of the craft to which it relates; and

      • (b) in the case of an aircraft, not less than 30 minutes before the intended time of departure of the craft to which it relates.

6 New Part 3A inserted
  • The principal regulations are amended by inserting, after regulation 20, the following Part:

    Part 3A
    Customs access to information

    20A Access to information on border-crossing craft and border-crossing persons
    • A person who is required to give the Customs access to information under section 38D or section 38E of the Act must provide the Customs with electronic access to the required information in a way that—

      • (a) enables the Customs to access the information from within New Zealand without the need to make an inter-national connection; and

      • (b) allows for a physical connection—

        • (i) with any Customs electronic system used for the purpose of viewing the required information; and

        • (ii) that enables the Customs to view the information directly from a location designated by the Customs for that purpose.

    20B Access to business records
    • A person to whom section 95A of the Act applies must give the Customs electronic access to the records that he or she is required to keep under section 95 of the Act, in a way that—

      • (a) enables the Customs to access the information from within New Zealand without the need to make an international connection; and

      • (b) allows for a physical connection—

        • (i) with any Customs electronic system used for the purpose of viewing and using the required information; and

        • (ii) that enables the Customs to view and use the information directly from a location designated by the Customs for that purpose.

7 Passing of entry of imported goods
  • Regulation 24 of the principal regulations is amended by revoking paragraph (c), and substituting, the following paragraph:

    • (c) in any other case, when a delivery order message is generated by the Customs.

8 New regulation 28B inserted
  • The principal regulations are amended by inserting, after regulation 28A, as inserted by the Customs and Excise (Fees) Regulations 2004, the following regulation:

    28B Passing of entry of goods for export
    • An entry of goods for export under section 49(1) of the Act is deemed to have been passed for the purposes of the Act when a delivery order message is generated by the Customs in respect of that entry.

9 Goods for export exempt from entry
  • Regulation 29(2) of the principal regulations is amended by omitting the word exported, and substituting the word entered.

10 Application for registration
  • Regulation 74 of the principal regulations is amended by revoking subclause (2), and substituting the following subclauses:

    • (2) An applicant to become a registered user of a Customs computerised entry processing system must provide details of the hardware and software equipment to be used by him or her to transmit electronic messages.

    • (3) An applicant to become a registered user of a Customs computerised entry processing system must provide personal identification of the following kinds:

      • (a) his or her birth certificate; and

      • (b) a passport, or New Zealand driver's licence, or any other form of official identification bearing a photo of the applicant that is acceptable to the Chief Executive as a comparable form of official identification.

    • (4) If the applicant is making the application in a name that is different from that on his or her birth certificate, the applicant must provide—

      • (a) a marriage certificate; or

      • (b) a dissolution of marriage order; or

      • (c) a deed poll of change of name; or

      • (d) any other comparable evidence of identity that is acceptable to the Chief Executive as evidence of the identity of the applicant.

    • (5) If any form of personal identification required by subclause (3), and if applicable subclause (4), is not written in English,—

      • (a) the applicant must provide an English translation of the personal identification; and

      • (b) the English translation provided must be certified by a translator nominated by the Chief Executive.

11 New regulation 78A inserted
  • The principal regulations are amended by inserting, after regulation 78, the following regulation:

    78A Search and viewing warrant
    • Every search and viewing warrant issued under section 38J of the Act must be in form 11A.

12 Schedule 2 amended
  • (1) Schedule 2 of the principal regulations is amended by inserting after form 2, the forms 2A and 2B set out in Schedule 1.

    (2) Schedule 2 of the principal regulations is amended by revoking form 9, and substituting the form 9 set out in Schedule 2.

    (3) Schedule 2 of the principal regulations is amended by inserting after form 11, the form 11 A set out in Schedule 3.

    (4) Schedule 2 of the principal regulations is amended by inserting in form 14, after the heading PART 2—DECISION APPEALED AGAINST, the following:

    Name of person who made the decision appealed against (if known):

    If applicable, the entry number relating to the goods in respect of which the decision appealed against was made:


Schedule 1
New forms 2A and 2B inserted in Schedule 2 of principal regulations

r 12(1)

Form 2A
Application for CASE licence

r 11A(a)

.
.

Form 2B
CASE Licence

r 11B

.

Schedule 2
New form 9 substituted in Schedule 2 of principal regulations

r 12(2)

Form 9
Application for registration as a user of Customs computerised entry processing system

r 74(1)

.
.
.

Schedule 3
New form 11A inserted in Schedule 2 of principal regulations

r 12(3)

Form 11A
Search and viewing warrant

r 78A

.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 December 2004, amend the Customs and Excise Regulations 1996 (the principal regulations).

The amendments made to the principal regulations take account of the changes to the Customs and Excise 1996 (the Act), by the Customs and Excise Amendment Act 2004 (for example amendments that provide for Custom-approved areas for storing exports (CASEs), and Customs access to and use of information about border-crossing goods, persons, and craft).

The following are the main changes made to the principal regulations by these regulations:

  • regulation 3 inserts into the principal regulations, new Part 2A, which relates to Customs-approved areas for storing exports; and

  • regulation 4 inserts into the principal regulations, new regulations 12 to 12D, which prescribe the content of the advance notice of arrival required from all craft, certain types of craft, and craft carrying cargo; and

  • regulation 6 inserts a new Part 3A into the principal regulations, which prescribes the form and manner in which a person must give Customs access to information required under sections 38D, 38E, or 95A of the Act; and

  • regulation 10 amends regulation 74 of the principal regulations by prescribing additional information to be provided by applicants in order to be a registered user of a Customs computerised entry processing system; and

  • regulation 12 updates the Schedule to the principal regulations, by—

  • inserting new forms 2A and 2B (application for and licence as CASE); and

  • replacing form 9 (application to be a registered user); and

  • inserting new form 11A (search and viewing warrant); and

  • amending form 14 (notice of appeal).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 November 2004.


  • 1 SR 1996/232