New customs powers to seize goods proposed

The "draconian" rules which govern the powers of Custom officers to seize and keep goods may be due for a major overhaul with the Law Commission recommending the system be simplified.

The Commission has made 48 recommendations aimed at modernising the Customs and Excise Act 1996 which Law Commissioner Warren Young has described as "well out of date".
"It is framed in centuries old language and concepts from the time of smuggling around the shores of Britain. It is difficult to understand and in fact the legal principles are not always clear," Dr Young said.

The report recommends replacing "forfeiture and seizure" with "detention and confiscation".

Customs would be able to detain goods at the border on the same basis as now but there would be more safeguards for the rights of people who had goods confiscated.

Goods considered harmful or forbidden -- such as illegal substances, pornography, dangerous or pirated goods -- would be confiscated permanently, as is the case now.

But owners of goods which were not harmful and were detained because of violations such as mislabelling or payment of incorrect duty would be entitled to recover their goods by correcting the violation or paying the fine.

The current forfeiture system was disproportionate in many situations and a monetary penalties system was recommend for less serious offences, Dr Young said.

"In addition people should always be able to apply for a review and ultimately appeal to a court when goods are detained or confiscated."

The reforms were aimed at simplifying the system to make it more accessible, he said.

"New Zealanders have a lot at stake in protecting the borders but we are also great travellers and people need to have confidence that the law in this area is fair."

Key features of the proposed reforms are:

* Categorisation of goods in three main categories -- forbidden goods, restricted goods and craft used in the commission of offences;

* Notices to people affected by the detention or proposed confiscation of goods;

* An opportunity for people to respond to the notice before a penalty is imposed or the goods confiscated;

* Introduction of administrative monetary penalties for less serious offences;

* An opportunity for people to appeal to the Customs Appeal Authority if dissatisfied by a Customs' review of the original decision;

* Protection of the interests of third parties.

- NZPA