Imports and Exports (Restrictions) Act 1988

1: Short Title and commencement
1: This Act may be cited as the Imports and Exports (Restrictions)
2: This Act shall come into force on 1 December 1988. Section 1(1) amended 8 July 2003 section 5(2) Imports and Exports (Restrictions) Amendment Act 2003
2: Interpretation
1: In this Act, unless the context otherwise requires,— decision-maker
a: the Minister; or
b: the Minister for the Environment; or
c: the Environmental Protection Authority; or
d: a prescribed person Environmental Protection Authority EPA section 7 goods international obligation
a: the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
b: the Convention on Persistent Organic Pollutants, done at Stockholm on 23 May 2001; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
c: the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
d: the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region, done at Waigani on 16 September 1995; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
e: any other international obligation that is or becomes binding on New Zealand and that provides for the restriction on, or the prohibition of, the exportation of certain chemicals, products, organisms, wastes, or other substances that pose a risk to human health or to the environment Minister permit section 3 3A prescribed section 3 section 3A decision-maker register section 3BD
2: The terms chief executive Customs controlled area Customs place exportation importation section 5(1)
3: The Customs and Excise Act 2018 sections 374 388 to 391
4: Section 2(1) decision-maker inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) Environmental Protection Authority or EPA inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) goods inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) international obligation inserted 8 July 2003 section 6(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) Minister substituted 8 July 2003 section 6(2) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) Ministry repealed 1 July 2011 section 4(3) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) permit inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) prescribed substituted 8 July 2003 Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) prescribed amended 1 July 2011 section 4(4) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) register added 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) Secretary repealed 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 2(2) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(2) amended 1 July 2011 section 4(5) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(2) amended 8 July 2003 section 6(3) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(3) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(4) repealed 1 October 1996 section 289(1) Customs and Excise Act 1996
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 8 July 2003 section 7 Imports and Exports (Restrictions) Amendment Act 2003
3: Prohibition of imports
1: The Governor-General may from time to time by Order in Council prohibit, in the public interest, the importation into New Zealand of—
a: any specified goods:
b: goods of any specified class or classes:
c: all goods except goods of a specified class or specified classes:
d: all goods whatever (without specification of any such goods or of the class or classes to which they belong).
2: Any prohibition imposed pursuant to this section—
a: may be general; or
b: may be limited to the importation of goods from any specified place or by or from any specified person or class of persons; or
c: may, whether general or limited, be absolute or conditional.
3: A conditional prohibition allows the importation of goods subject to—
a: the grant of a licence or permit by the decision-maker on terms and conditions specified in the licence or permit; or
b: prescribed conditions.
4: A conditional prohibition may require payment of consideration to the decision-maker in respect of the application for, or the granting of, a licence or permit.
5: A licence or permit authorising the importation of goods may be granted before or after the goods have been imported.
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3 heading substituted 8 July 2003 section 8(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 3(3) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(4) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(5) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3A: Prohibition of exports
1: The Governor-General, if satisfied that it is necessary to give effect to an international obligation, may, by Order in Council, prohibit the exportation from New Zealand of—
a: specified goods:
b: goods of a specified class or classes.
2: A prohibition may be—
a: general:
b: limited to the exportation of goods to a specified place or class of places:
c: limited to the exportation of goods to a specified person or class of persons:
d: limited to the exportation of goods by a specified person or class of persons:
e: absolute:
f: conditional.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3A inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3B: Conditional prohibition of exportation
1: A conditional prohibition allows the exportation of goods subject to—
a: the grant of a licence or permit by the decision-maker
b: prescribed conditions.
2: The terms and conditions of a licence or permit must be consistent with the prohibition.
3: A conditional prohibition may require payment of consideration to the decision-maker Section 3B inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3B(1)﻿(a) amended 1 July 2011 section 6(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3B(3) amended 1 July 2011 section 6(2) Imports and Exports (Restrictions) Amendment Act 2011 Application to Environmental Protection Authority for permits Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BA: General requirements for permits
1: This section and sections 3BB 3BC section 3 3A
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the prescribed form.
4: The Environmental Protection Authority may revoke a permit if the Authority is satisfied that the holder of the permit has—
a: failed to comply with a condition of the permit; or
b: made a false declaration or statement or provided incorrect information in the holder's application for the permit; or
c: been convicted of an offence against this Act or an offence involving a convention chemical or waste.
5: The Order in Council may specify the process and requirements for applying for a permit.
6: In this section and section 3BC convention chemical or waste section 3 3A Section 3BA inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BB: Conditions on permits
1: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the importation of goods:
a: the use to which the goods will be put in New Zealand:
b: the provision of information to the Authority concerning the movement and location of the goods:
c: insurance requirements relating to the importation of the goods and their presence in New Zealand:
d: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
e: liability for the goods if they cannot be used for the purpose for which they were imported.
2: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the export of goods:
a: the provision of information to the Authority concerning the movement and location of the goods:
b: insurance requirements relating to the export of the goods:
c: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
d: liability for the goods if they cannot be used for the purpose for which they were exported. Section 3BB inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BC: Refusal of permits
The Environmental Protection Authority may refuse to grant a permit if the Authority is satisfied that—
a: the person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or
b: the information provided by the person to the Authority is incorrect. Section 3BC inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 Imports and Exports (Restrictions) Register Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BD: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Imports and Exports (Restrictions) Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register. Section 3BD inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BE: Information to be included in register
1: The register must record—
a: the details of a permit granted by the Environmental Protection Authority under an Order in Council made under section 3 3A
b: any other information required to comply with New Zealand's international obligations that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the goods to which the permit relates; and
c: the amount of the goods that the permit allows to be imported or exported; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: The register may record any other information that the Environmental Protection Authority considers appropriate. Section 3BE inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3BF: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must provide the New Zealand Customs Service with access to the register. Section 3BF inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 Miscellaneous provisions Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011
3C: Forms
1: For the purposes of this Act, the decision-maker
2: In all proceedings, a document is sufficient evidence that a form was prescribed if it—
a: is signed by or on behalf of the decision-maker
b: purports to be a prescribed form, an extract from a prescribed form, a copy of the form, or a copy of the extract.
3: A court must take judicial notice of the signature by or on behalf of the decision-maker of a prescribed form or an extract or copy of a prescribed form. Section 3C inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3C(1) amended 1 July 2011 section 8(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3C(2)﻿(a) amended 1 July 2011 section 8(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 3C(3) substituted 1 July 2011 section 8(3) Imports and Exports (Restrictions) Amendment Act 2011
3D: Order in Council not invalid
An Order in Council is not invalid because—
a: it leaves a matter to the discretion of the decision-maker
b: it authorises the decision-maker to issue a licence or permit subject to conditions imposed by the decision-maker. Section 3D inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3D(a) amended 1 July 2011 section 9(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3D(b) substituted 1 July 2011 section 9(2) Imports and Exports (Restrictions) Amendment Act 2011
3E: Other Acts not affected
The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation or exportation of any substances or goods, and nothing in this Act limits or otherwise affects any provisions. Section 3E inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003
4: Offences
1: Every person commits an offence who—
a: imports into New Zealand or unships or lands in New Zealand any goods whose importation is prohibited by any Order in Council made under section 3
ab: exports, or transports with intent to export, goods from New Zealand in breach of an Order in Council made under section 3A
b: commits any breach of, or fails in any respect to comply with, any term or condition on, or subject to, which there has been granted, under any Order in Council made under section 3 section 3A
2: Every person commits an offence who—
a: is knowingly concerned in any importation, exportation, transportation, shipment,
b: without lawful justification or excuse, removes from any Customs place or Customs controlled area any imported goods whose importation constitutes an offence under this section; or
c: is knowingly concerned in or connives at the removal from any Customs place or Customs controlled area of any goods whose importation constitutes an offence under this section.
3: Subsection (3A) applies where goods are imported into, or are exported from, New Zealand under the authority of a licence or permit granted under an Order in Council made under section 3 section 3A
3A: A person commits an offence who—
a: knowingly makes a false declaration or statement for the purpose of obtaining the licence or permit:
b: knowingly makes a false declaration or statement as to compliance with a condition on, or subject to, which the licence or permit was granted:
c: otherwise knowingly makes a false declaration or statement in relation to the importation or exportation of the goods.
4: Every person who commits an offence against this section is liable to a fine not exceeding,—
a: in the case of an individual, $5,000, and in the case of a body corporate, $25,000; or
b: in either case, an amount equal to 3 times the value of the goods to which the offence relates,— whichever is the greater.
5: Any goods in respect of which any offence against this section is committed shall be forfeited.
6: Any Order in Council made under section 3 or section 3A
7:
8: Proceedings for an offence against this section or against any Order in Council made under section 3 3A
9: Despite anything to the contrary in section 25 section 3 3A
10: When the amount of a fine under this section is to be determined by reference to the value of any goods, their value shall be estimated according to the price for which goods of the like kind and of the best quality, on which duties (if any) have been paid, are available in New Zealand at the time of the offence. Section 4(1)﻿(ab) inserted 8 July 2003 section 10(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(1)﻿(b) substituted 8 July 2003 section 10(2) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(2)﻿(a) amended 8 July 2003 section 10(3) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(2)﻿(b) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 4(2)﻿(c) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 4(3) substituted 8 July 2003 section 10(4) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(3A) inserted 8 July 2003 section 10(4) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(6) amended 8 July 2003 section 10(5) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(7) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(8) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(9) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
5: Delegation of powers by Minister and Secretary
Section 5 repealed 1 July 2011 section 10 Imports and Exports (Restrictions) Amendment Act 2011
6: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power to make regulations conferred by this section, regulations may be made under this section prescribing fines for offences against the regulations not exceeding $5,000 in the case of an individual, and $25,000 in the case of a body corporate.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Savings
After the commencement of this Act, the Import Control Regulations 1988 Trade and Industry Act 1956