Customs and Excise Amendment Regulations 2011

2011/183

Coat of Arms of New Zealand

Customs and Excise Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of May 2011

Present:
His Excellency the Governor-General in Council

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

Regulations

1  Title
  • These regulations are the Customs and Excise Amendment Regulations 2011.

2  Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3  Principal regulations amended
4  Schedule 2 amended
  • Schedule 2 is amended by revoking forms 1 and 9 and substituting the forms 1 and 9 set out in the Schedule of these regulations.


Schedule
New forms 1 and 9 substituted

r 4

Form 1
Application for Customs controlled area licence

Section 11, Customs and Excise Act 1996

To the New Zealand Customs Service at [nearest Customs port]

  • 1 Name of applicant: [full registered company name or partnership/sole trader/trust names to be shown]

    Trading as (if applicable):

  • 2 Omit this paragraph if it does not apply.

    Full name and address of each company director/partner/trustee:

  • 3 Omit the categories in paragraphs (a) to (g) that do not apply. Consult Customs if you are unsure which purpose applies.

    Application is made for a Customs controlled area licence for the purposes of:

    • (a) the manufacture of goods specified in Part A of the Excise and Excise-equivalent Duties Table (manufacturing area):

    • (b) the deposit, keeping, or securing of imported or excisable goods, without payment of duty on the goods, pending the export of those goods (export warehouse):

    • (c) the temporary holding of imported goods for the purposes of the examination of those goods under section 151 of the Customs and Excise Act 1996 (including the holding of the goods while they are awaiting examination) (general goods):

    • (d) the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand:

    • (e) the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft:

    • (f) the storage, by or for one of the following, of wine manufactured in New Zealand, where that wine cannot be physically accommodated within the manufacturing area in which it was manufactured (off-site storage area):

      • (i) the manufacturer of the wine:

      • (ii) the first owner of the wine, if that person is not also the manufacturer of the wine:

    • (g) the storage of imported goods, or goods manufactured in a manufacturing area, of a kind that are subject to duty, and on which such duty has not been paid, pending the sale of those goods to—

      • (i) persons departing to or arriving from a country outside New Zealand (duty-free shop); or

      • (ii) persons exercising an entitlement to the supply of goods free of duty under the Customs and Excise Act 1996, or any other Act.

  • 4 Address of principal place of business of applicant:

  • 5 Other contact details of applicant

    PO Box number:

    Contact telephone numbers:

    Email address:

  • 6 Address of other places at which the applicant carries on, or proposes to carry on, business: [specify nature of the business at each place]

  • 7 Legal description of the area to be licensed: [eg, Lot and DP number]

  • 8 Activity to be undertaken in the area to be licensed:

  • 9 Security measures that are in place at the area to be licensed: [eg, alarms, cameras, etc]

  • 10 Excisable goods to be manufactured or stored in the area to be licensed (if applicable): [eg, wine, beer, spirits, fuel, tobacco]

  • 11 Names and position held of key contact personnel of the applicant:

Declaration

I declare that the particulars contained in this application are true and correct.

Date:

Signature of applicant:

Full name of signatory:

Designation of signatory:


General information
  • 1 This application should be accompanied by the following:

    • (a) a letter supporting the application; and

    • (b) a site plan; and

    • (c) a copy of the certificate of incorporation of the company; and

    • (d) photo ID of persons listed under paragraph 2 of this form.

  • 2 An annual licence fee is payable in accordance with the scale set out in Schedule 1 of the Customs and Excise Act 1996.

  • 3 A security may be required as a condition of the procedure statement.

Privacy Act 1993

The personal information on this form will be used as part of the assessment of the licence application and may be entered into a New Zealand Customs Service database.

The Privacy Act 1993 provides rights of access to and correction of personal information. You may gain access to, and correct, this information through any office of the New Zealand Customs Service.

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

Section 132, Customs and Excise Act 1996

To apply for registration as a user of a Customs computerised entry processing system, give the details set out below.

Section 1: Applicant's identification details

Surname:

Former name:

First names:

Other names by which you are known:

Date of birth:

Form(s) of identification

(see Important steps when lodging an application)

ID types and reference numbers: [specify]

Section 2: Applicant's contact details
Work contact details

Company name:

Mailing address:

Physical address:

Telephone number:

Email address:

Home contact details

Mailing address:

Physical address:

Telephone number:

Email address:

Section 3: Reasons for registration

Select whichever of the following reasons apply.

  • Importing goods for your own use

  • Exporting goods in your own name

  • Entering excisable goods

Employed by or conducting business as a—

(Select whichever of the following apply.)

  • Customs broker dealing in imports

  • Company or entity that imports goods

  • Customs broker dealing in exports

  • Company or entity that exports goods

  • Customs broker entering excisable goods

  • Company or entity entering excisable goods

Section 4: Customs client code details

If you are importing goods for your own use or exporting goods in your own name, or employed by or conducting business as a company or entity that imports or exports goods or a company or entity that is dealing in excisable goods, state the Customs client code for all the entities in whose name you wish to lodge entries: [Customs client code]

If you are employed by or conducting business as a Customs broker, state the name(s) or Customs client code(s) of the broker company (or companies) in whose name you wish to lodge entries: [name(s) or Customs client codes]

Section 5: Transmission details

How do you or will you transmit entries to Customs?

Select the method of transmission of entries to Customs.

  • The New Zealand Customs Service's Internet site (www.cusweb.govt.nz)

  • A commercial software package: [name of commercial software package]

  • A system developed for your company

Section 6: Criminal convictions

Do you have any criminal convictions? Yes/No

If you answered Yes, please list your conviction(s) (on a separate sheet of paper if necessary):

Please provide any further information you think is relevant to your conviction(s) (on a separate sheet of paper if necessary):

Section 7: Declaration

I, [full name, address], declare that the information I have provided is true, correct, and complete. I am aware of the provisions of sections 131 to 136 of the Customs and Excise Act 1996.

Date:


Signature of applicant:

Important information

Important steps when lodging application

As provided by regulation 74(3) and (4) of the Customs and Excise Regulations 1996, your application must be supported by—

  • your birth certificate, together with a translation into English certified by a Customs-nominated translator if that certificate is not written in English; and

  • if you use a married name, or have legally changed your name for any other reason, a copy of your marriage certificate or other legal evidence of the name change, together with a translation into English certified by a Customs-nominated translator if that certificate or other evidence is not written in English; and

  • your passport or New Zealand driver licence or any other form of official identification bearing your photo that Customs may approve.

This application and the required identification must be physically produced to a Customs officer, either at a Customs office or at some other agreed location. Customs will advise you in writing as to whether your application is granted or refused, and any conditions to which registration is subject.

Privacy Act 1993

The information requested on this form is collected to enable the New Zealand Customs Service to—

  • conduct a security check on you to decide whether or not to register you to use a Customs computerised entry processing system to enter goods or report cargo, or both; and

  • verify the correctness of entries and cargo reports you may lodge for Customs purposes; and

  • contact you as may be required.

The information in this form will be entered into a New Zealand Customs Service database. If you do not supply the information, your application may be refused, and you will not be able to enter goods or report cargo, or both, through a Customs computerised entry processing system.

The Privacy Act 1993 provides rights of access to and correction of personal information. You may gain access to and correct this information through any office of the New Zealand Customs Service.

Michael Webster,
for 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 the 28th day after the date of their notification in the Gazette, amend the Customs and Excise Regulations 1996 by replacing 2 prescribed forms: form 1 and form 9. Form 1 is for an application for a Customs controlled area licence and form 9 is for an application to become a registered user of a Customs computerised entry processing system.

The new form 1 largely carries over the information requirements in the previous form 1, but has been revised to allow information about the name and address of each company director, partner, or trustee to be sought in relation to the applicant.

The new form 9 also largely carries over the information requirements in the previous form 9, but has been revised to allow manufacturers and importers of goods subject to excise duty to become registered users of a Customs computerised entry processing system. As registered users, the manufacturers and importers of such goods will be able to file their entries electronically. The new form will also allow information about any previous criminal convictions of the applicant to be sought.


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

Date of notification in Gazette: 26 May 2011.

These regulations are administered by the New Zealand Customs Service.