Customs and Excise Act 2018

If you need more information about this Act, please contact the administering agency: New Zealand Customs Service
96 Prohibition on other imports or exports by Order in Council

(1)

The Governor-General may, by Order in Council, on the recommendation of the Minister, prohibit the importation or exportation of—

(a)

any specified goods; or

(b)

any specified class of goods.

(2)

A prohibition under this section may—

(a)

be general or be limited to—

(i)

the importation of goods—

(A)

from a specified place:

(B)

by or from a specified person or class of persons:

(ii)

the exportation of goods—

(A)

to a specified place:

(B)

by or to a specified person or class of persons:

(b)

be subject to conditions.

(3)

A conditional prohibition may allow the importation or exportation of goods under the terms of a licence, permit, or consent granted by—

(a)

the chief executive; or

(b)

any other person named in the order.

(4)

A licence, permit, or consent under subsection (3) may be granted before or after the importation or exportation of the goods.

(5)

The Minister must not make a recommendation for the purposes of subsection (1) unless he or she considers that the proposed prohibition is necessary in the public interest.

(6)

The Secretary must maintain an up-to-date list of all goods and classes of goods whose exportation is prohibited under this section because they have or may have a strategic use.

(7)

The Secretary must make the list maintained under subsection (6) available by—

(a)

notifying the chief executive of it; and

(b)

publishing it on an Internet site maintained by, or on behalf of, the Secretary.

(8)

To avoid doubt, any failure to publish a list under subsection (7) does not invalidate the prohibition of the exportation of any goods or classes of goods mentioned in the list.

(9)

An Order in Council that prohibits the exportation of goods extends and applies to the shipment of the goods for use as stores by a craft, except as otherwise specified in the order.

(10)

An order under this section—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

(11)

In this section,—

goods includes documents that are not otherwise goods

Secretary means the Secretary of Foreign Affairs and Trade

strategic use, in relation to goods, means use for 1 or more of the purposes listed in section 97(2)(a) to (f).

(12)

Documents that are not otherwise goods and whose importation or exportation is prohibited under this section—

(a)

are goods for the purposes of the rest of this Act (apart from section 97) as it applies in relation to, as the case may be,—

(i)

imported goods or the importation of goods (including (without limitation) for the purposes of the definition of prohibited imports in section 5(1)); or

(ii)

exported goods or the exportation of goods (including (without limitation) for the purposes of the definition of prohibited exports in section 5(1)); but

(b)

are not goods for the purposes of section 12 of the Goods and Services Tax Act 1985.

Compare: 1996 No 27 ss 54(2)–(4), 54A, 56(2)(a), (b), (2A), (2G)–(4), (8), 56A

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 96(10): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).