Edmonds BarbaraCUSTOMS AND EXCISE (ARRIVAL INFORMATION) AMENDMENT BILLSecond ReadingHon BARBARA EDMONDS (Minister of Internal Affairs) on behalf of the Minister of Customs: I present a legislative statement on the Customs and Excise (Arrival Information) Amendment Bill. ASSISTANT SPEAKER (Hon Jacqui Dean): That legislative statement is published under the authority of the House and can be found on the Parliament website. Hon BARBARA EDMONDS: I move That the Customs and Excise (Arrival Information) Amendment Bill be now read a second time. This bill amends the Customs and Excise Act 2018 to provide clear arrival information obligations to help with customs-related border management matters. This bill sets out an explicit obligation on arriving passengers to provide their required arrival information that is set out in the chief executive's rules. This will improve the transparency of the system because the public will be able to see in one place the requirements in law that they need to follow when they travel to Aotearoa. The bill also improves the enforcement of the arrival information requirement by introducing two new offences: for failing to provide prescribed arrival information and for providing erroneous information of a material particular—in simple terms that means that the offence won't apply if a person just makes a minor error. As part of the offence of failing to provide arrival information it is also an offence to fail to provide it in the time and way required. In practice most people want to comply with the customs requirement and complete their arrival information. Making these into infringement offences will provide a way to further encourage compliance. Other changes include regulation-making powers to set the timing for when arrival information can be required and to exempt categories of travellers from providing arrival information. The work that Customs does at our borders is a critical part of managing our border system. Customs has several core functions such as preventing prohibited goods from crossing our border and collecting revenue. Customs also aims to provide a streamlined border-processing experience for travellers coming into Aotearoa. The changes in the bill will support digitising the New Zealand passenger arrival card through the New Zealand traveller declaration. The New Zealand traveller declaration is expected to improve border management integrate intelligence and risk assessment for border agencies and provide a more streamlined experience for travellers. This contributes to wider work under way to build a safer smarter and agile border. A digital arrival card could be implemented using existing customs legislation. However this bill is an opportunity to improve transparency around collecting and providing arrival information. These changes will also improve the way the system works and the enforcement of the system. The Foreign Affairs Defence and Trade Committee considered the bill and reported back to the House on 20 April this year. I want to thank the committee and the chair the Hon Jenny Salesa for its careful consideration of the bill and I appreciate its deliberation on the bill over the April adjournment period. I also want to acknowledge all those who have submitted on the bill. The committee recommended that the bill be passed and it agreed to some amendments unanimously. In its report the committee noted that it initially had some concerns in relation to the collection of personal information and the sharing of information. In relation to the collection of personal information the committee report noted it was initially concerned that the bill would expand the range of personal information required under the bill. After receiving advice the committee noted it was satisfied that the bill did not expand the personal information that may be collected. I thank the committee for its thorough consideration of the collection of personal information. It's important that Customs is able to collect the personal information it requires for its role but there are also safeguards in place to ensure the appropriate collection of personal information. In terms of data sharing the committee noted that some members were concerned that the travel movement information that Customs collects could impact on superannuitants and beneficiaries. As the committee noted the Customs and Excise Act 2018 already provides for Customs to share information with the Ministry of Social Development to verify eligibility for a benefit but there are a range of safeguards in place around this sharing. This bill does not include specific stand-alone provisions relating to the protection of arrival information collectives. This is because information collected under the new arrival obligation is covered by the existing robust information-sharing framework and protections in the Customs and Excise Act. The committee also looked at a number of other issues such as digital access the management of Māori data and how exemptions would be applied. Concerns were also raised by the Privacy Commissioner and by the committee about using the chief executive's rules to specify the arrival information required or the way that arrival information must be provided. I consider that it is appropriate that the chief executive's rules are used in this context as this aligns with the framework of the Customs and Excise Act—that is where matters of detail are set out in rules. This approach also allows for timely updates to what arrival information is collected such as when a concession changes—for example the amount of alcohol that is duty-free. The chief executive's rules are secondary legislation which means that they are also subject to parliamentary scrutiny. Also section 53 of the Customs and Excise Act sets out the broad purposes for which Customs can collect arrival information. These remain as key safeguards for specifying this type of information in the chief executive's rules. The committee has recommended unanimously—and I agree with its recommendations—a number of changes to the bill that will be addressed during the committee of the whole House. One change is to allow for the phased implementation of the arrival information requirements for maritime. This would allow the arrival information obligation to come into force on or after 31 October 2023 for Defence Force vessels and cruise ships. More time is needed in these areas to work on how to operationalise the digital arrival card. Another minor change has been to where regulations could provide for a requirement to provide information offshore. This provision has been changed to make it clearer. There is also a minor amendment to one of the offence provisions to ensure all relevant offending is captured by the new offence. I acknowledge that the implementation of a digital arrival card may be difficult for some people. That is why there is a range of measures under way that will be in place for when the New Zealand traveller declaration is implemented this year such as a call centre to help people complete their arrival information requirements. At some international ports there will be airport liaison officers and also on-ground support for travellers on arrival in New Zealand. If a person cannot complete arrival information in the New Zealand traveller declaration—for example they don't have a device—they can complete a paper arrival form. In summary this bill clarifies arrival information requirements and approves the enforcement of those requirements. The amendments will ensure Customs can fulfil its important border management role and support the shift to the digital arrival card through the New Zealand traveller declaration. Ultimately this contributes to building a safer smarter and agile border. Again I thank the committee for its considered work and those who took the time to provide a submission on the bill. I look forward to the passage of this bill through its remaining stages and I commend this bill to the House. ASSISTANT SPEAKER (Hon Jacqui Dean): The question is that the motion be agreed to.