Customs and Excise Amendment Act 2006

1: Title
This Act is the Customs and Excise Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Customs and Excise Act 1996
4: New sections 280C to 280F inserted
The following sections are inserted after section 280B
280C: Interpretation
In sections 280D and 280E authorised officer
a: means any officer, employee, or agent of the Department who is authorised by the chief executive of the Department to supply information to, or receive information from, the chief executive of the Customs under section 280D
b: includes any sworn member of the police Department fine
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
c: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 fines enforcement action identifying information reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002 serious default
a: the person owes—
i: an amount of $1,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a)
c: the warrant has not been withdrawn or executed.
280D: Disclosure of arrival and departure information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department to enable—
a: the Department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the chief executive of the Customs any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2)
4: If the Customs has information relating to a person who is in serious default, the chief executive of the Customs may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Customs:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's nationality:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number of the aircraft:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in, or (as the case may be) departed from, New Zealand.
5: The chief executive of the Customs and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
280E: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1)
3: Nothing in subsection (2)
280F: Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour
1: The chief executive of the Customs may supply to the chief executive of the Department of Labour the following information about a person who is a specified fines defaulter:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: notice of the fact that the person is a specified fines defaulter.
2: The information given under subsection (1)
a: may be given in any form and by any method agreed upon by the chief executive of the Department (as that term is defined in section 280C
b: may, in whole or in part, be in the form of a code representing the information.
3: In this section,— fine section 280C section 21(5), (5A), or (9) of the Summary Proceedings Act 1957 specified fines defaulter
a: who owes—
i: an amount of $5,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation within the meaning of that term in section 280C
b: for whom a warrant to arrest has been issued (and not withdrawn or executed) in respect of the non-payment of the whole or any part of any amount referred to in paragraph (a)