Imports and Exports (Restrictions) Act 1988
Version as at 28 October 2021
Imports and Exports (Restrictions) Act 1988
Public Act |
1988 No 157 |
|
Date of assent |
29 November 1988 |
|
Commencement |
see section 1(2) |
Act name: substituted, on 8 July 2003, by section 5(1) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry of Business, Innovation, and Employment.
Contents
1 Short Title and commencement
(1)
This Act may be cited as the Imports and Exports (Restrictions) Act 1988.
(2)
This Act shall come into force on 1 December 1988.
Section 1(1): amended, on 8 July 2003, by section 5(2) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
decision-maker means the person authorised by an Order in Council to grant a licence or permit, being—
(a)
the Minister; or
(b)
the Minister for the Environment; or
(c)
the Environmental Protection Authority; or
(d)
a prescribed person
Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011
goods means all kinds of movable property, including animals, organisms, chemicals, and waste
international obligation means—
(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 means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
prescribed means prescribed by an Order in Council for the time being in force under section 3 or section 3A; and, in relation to forms, includes prescribed by the decision-maker
register means the Imports and Exports (Restrictions) Register required by section 3BD.
(2)
The terms chief executive, Customs controlled area, Customs place, exportation, and importation have the same meanings as in section 5(1) of the Customs and Excise Act 2018.
(3)
The Customs and Excise Act 2018 (except sections 374 and 388 to 391) applies to any goods the importation or exportation of which is prohibited under this Act as if the importation or exportation of the goods were prohibited, or were an offence, under the Customs and Excise Act 2018.
(4)
[Repealed]Section 2(1) decision-maker: inserted, on 1 July 2011, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) Environmental Protection Authority or EPA: inserted, on 1 July 2011, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) goods: inserted, on 1 July 2011, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) international obligation: inserted, on 8 July 2003, by section 6(1) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 2(1) Minister: substituted, on 8 July 2003, by section 6(2) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 2(1) Ministry: repealed, on 1 July 2011, by section 4(3) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) permit: inserted, on 1 July 2011, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) prescribed: substituted, on 8 July 2003, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 2(1) prescribed: amended, on 1 July 2011, by section 4(4) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) register: added, on 1 July 2011, by section 4(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(1) Secretary: repealed, on 7 September 2000, by section 8(1) of the Ministry of Economic Development Act 2000 (2000 No 28).
Section 2(2): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 2(2): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 2(2): amended, on 1 July 2011, by section 4(5) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 2(2): amended, on 8 July 2003, by section 6(3) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 2(3): replaced, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 2(4): repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
2A Act binds the Crown
This Act binds the Crown.
Section 2A: inserted, on 8 July 2003, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
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 of the Legislation Act 2019 for publication requirements).
| 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, Sch 1 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, on 8 July 2003, by section 8(1) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 3(3): substituted, on 1 July 2011, by section 5 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3(4): substituted, on 1 July 2011, by section 5 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3(5): substituted, on 1 July 2011, by section 5 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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 of the Legislation Act 2019 for publication requirements).
| 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, Sch 1 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. | ||||
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; or
(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 in respect of the application for, or the granting of, a licence or permit.
Section 3B: inserted, on 8 July 2003, by section 9 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 3B(1)(a): amended, on 1 July 2011, by section 6(1) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3B(3): amended, on 1 July 2011, by section 6(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Application to Environmental Protection Authority for permits
Heading: inserted, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
3BA General requirements for permits
(1)
This section and sections 3BB and 3BC apply if an Order in Council made under section 3 or 3A allows the importation or exportation of goods under the authority of a permit granted by the Environmental Protection Authority.
(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 means a chemical or waste in relation to which an Order in Council has been made under section 3 or 3A to give effect to an international obligation.
Section 3BA: inserted, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Imports and Exports (Restrictions) Register
Heading: inserted, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
3BE Information to be included in register
(1)
(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, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Miscellaneous provisions
Heading: inserted, on 1 July 2011, by section 7 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
3C Forms
(1)
For the purposes of this Act, the decision-maker may prescribe forms that he or she considers necessary.
(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; and
(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, on 8 July 2003, by section 9 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 3C(1): amended, on 1 July 2011, by section 8(1) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3C(2)(a): amended, on 1 July 2011, by section 8(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3C(3): substituted, on 1 July 2011, by section 8(3) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 8 July 2003, by section 9 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 3D(a): amended, on 1 July 2011, by section 9(1) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
Section 3D(b): substituted, on 1 July 2011, by section 9(2) of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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, on 8 July 2003, by section 9 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
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 and in force at the time of importation; or
(ab)
exports, or transports with intent to export, goods from New Zealand in breach of an Order in Council made under section 3A; or
(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 or section 3A, any licence or permit under the authority of which any goods are imported into, or exported from, New Zealand.
(2)
Every person commits an offence who—
(a)
is knowingly concerned in any importation, exportation, transportation, shipment, unshipment, landing, breach, or non-compliance to which subsection (1) applies; or
(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 or 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 may prescribe fines, in the case of an individual, not exceeding $5,000, and in the case of a body corporate, not exceeding $25,000, for the breach of any provision of any such Order in Council not being a breach which is an offence against any of the foregoing provisions of this section.
(7)
[Repealed](8)
(9)
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this section or against any Order in Council made under section 3 or 3A ends on the date that is 3 years after the date on which the offence was committed.
(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, on 8 July 2003, by section 10(1) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(1)(b): substituted, on 8 July 2003, by section 10(2) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(2)(a): amended, on 8 July 2003, by section 10(3) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(2)(b): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 4(2)(c): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 4(3): substituted, on 8 July 2003, by section 10(4) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(3A): inserted, on 8 July 2003, by section 10(4) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(6): amended, on 8 July 2003, by section 10(5) of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
Section 4(7): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 4(8): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 4(9): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
5 Delegation of powers by Minister and Secretary
[Repealed]Section 5: repealed, on 1 July 2011, by section 10 of the Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17).
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 of the Legislation Act 2019 for publication requirements).
| 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, Sch 1 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, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
7 Savings
After the commencement of this Act, the Import Control Regulations 1988 shall have effect as if they had been made under this Act and may be amended or revoked accordingly, and the repeal of the Trade and Industry Act 1956 shall not affect the validity of those regulations or any amendment to those regulations.
Imports and Exports (Restrictions) Amendment Act 2011
Public Act |
2011 No 17 |
|
Date of assent |
17 May 2011 |
|
Commencement |
see section 2 |
1 Title
This Act is the Imports and Exports (Restrictions) Amendment Act 2011.
2 Commencement
(1)
This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
(2)
Any provision that has not earlier been brought into force comes into force on 1 December 2012.
Section 2(1): this Act brought into force, on 1 July 2011, by clause 2 of the Imports and Exports (Restrictions) Amendment Act 2011 Commencement Order 2011 (SR 2011/195).
11 Transitional provision
Despite this Act and section 54 of the Environmental Protection Authority Act 2011, an application for a permit made before the commencement of this section must be determined by the Minister responsible for the administration of the Imports and Exports (Restrictions) Act 1988 as if this Act and the Environmental Protection Authority Act 2011 had not been passed.
Notes
1 General
This is a consolidation of the Imports and Exports (Restrictions) Act 1988 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Secondary Legislation Act 2021 (2021 No 7): section 3
Customs and Excise Act 2018 (2018 No 4): section 443(3)
Criminal Procedure Act 2011 (2011 No 81): section 413
Imports and Exports (Restrictions) Amendment Act 2011 (2011 No 17)
Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36)
Ministry of Economic Development Act 2000 (2000 No 28): section 8(1)
Customs and Excise Act 1996 (1996 No 27): section 289(1)