Customs Import Prohibition Order 2014

Reprint as at 11 December 2015

Coat of Arms of New Zealand

Customs Import Prohibition Order 2014

(LI 2014/255)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 28th day of July 2014

Present:
Her Excellency the Administrator of the Government in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the New Zealand Customs Service.

Pursuant to section 54 of the Customs and Excise Act 1996, Her Excellency the Administrator of the Government makes the following order,—

(a)

acting on the advice and with the consent of the Executive Council; and

(b)

being of the opinion that the prohibitions effected by this order are necessary in the public interest.

Order

1 Title

This order is the Customs Import Prohibition Order 2014.

2 Commencement

This order comes into force on 1 October 2014.

Order: confirmed, on 11 December 2015, by section 11(a) of the Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119).

3 Prohibited offensive weapons imports

The importation of the goods specified in the Schedule is prohibited, except with the consent of, and subject to any conditions not inconsistent with this prohibition as may be imposed by,—

(a)

the Commissioner of Police; or

(b)

a Deputy Commissioner of Police.

4 Prohibited motor vehicle imports

(1)

The importation of the kinds of motor vehicles specified in subclause (2) is prohibited, except with the consent of, and subject to any conditions not inconsistent with this prohibition as may be imposed by, the Minister of Customs.

(2)

The kinds of motor vehicles referred to in subclause (1) are motor vehicles imported—

(a)

without an odometer; or

(b)

with an odometer reading that does not record correctly the distance the vehicle has been driven.

5 Revocation

The Customs Import Prohibition Order 2011 (SR 2011/236) is revoked.

Schedule Prohibited offensive weapons imports

cl 3

1

Knuckledusters, knives incorporating knuckledusters, swordsticks (including, without limitation, any identifiable components of swordsticks), and any weapon disguised to give the appearance of another article.

2

Any knife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife (sometimes known as a flick knife or flick gun).

3

Any knife having a blade that is released from the handle or sheath by the force of gravity or the application of centrifugal force, and that, when released, is locked in place by means of a button, spring, lever, or other device (sometimes known as a gravity knife or butterfly knife).

4

Any knife, with the exception of a folding pocket knife with a blade less than 10 cm in length, that—

(a)

is designed for ease of concealment on the person; or

(b)

has a double-edged blade that is designed or suitable for stabbing or throwing (as opposed to cutting); or

(c)

is a knife of any of the kinds sometimes known as a fist knife, gimlet knife, punch dagger, push dagger, push dirk, push knife, T-handled knife, or throwing knife.

5

Bayonets.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 October 2014, continues certain import prohibitions on offensive weapons and motor vehicles.

The prohibitions cover implements that can be used as offensive weapons (knuckledusters, various kinds of knives, and bayonets) as well as motor vehicles with inaccurate odometers or with no odometers. Consents to imports may be granted by the Police in the case of potential weapons, and by the Minister of Customs in the case of motor vehicles.

Clause 3 is adjusted to omit references to managerial positions discontinued within the Police. Under section 17 of the Policing Act 2008, the Commissioner of Police can delegate, and approve in writing subdelegation by his or her delegates of, his or her functions of consenting to, and of imposing conditions on consents given for, offensive weapons imports.

The Schedule is adjusted so that item 1 expressly covers any identifiable components of swordsticks, and so that item 4(c) identifies the knives concerned using (not brand names, but instead) commonly-used general descriptions.

Under section 54(5)(b) of the Customs and Excise Act 1996, this order expires on the close of 31 December 2015 unless it is expressly confirmed by an Act of Parliament passed before that date. If confirmed in that way, this order expires on the close of 30 September 2017, as provided by section 55 of the Customs and Excise Act 1996.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 July 2014.

Reprints notes
1 General

This is a reprint of the Customs Import Prohibition Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119): section 11(a)