Ref: OIA 17 - 228

Dear Bea Tanjangco

Acknowledgment of request for official information

Thank you for your email of 4 September 2017, which was received by the New Zealand Customs Service (Customs) on 4 September 2017. You have requested the following information:

"... the amount of illicit tobacco seized by customs for the full year of 2016, and prior years up to 2012 if available".

We acknowledge receipt of your request under the Official Information Act.

You can expect a response within the statutory timeframe as set out in the Official Information Act.

Yours sincerely

Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service

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Dear Bea Tanjangco

Clarifying your request for official information

Thank you for your email of 4 September 2017, which was acknowledged by the New Zealand Customs Service (Customs) on 5 September 2017. You have requested the following information:

"... the amount of illicit tobacco seized by customs for the full year of 2016, and prior years up to 2012 if available".

When Customs finds prohibited goods or goods that have been, undeclared, mis-declared or undervalued for revenue evasion purposes at the border, it is referred to as an ‘interception’. From there Customs takes custody of the goods, at which point they are ‘detained’. Goods that are ‘detained’ can be either released back to the importer (usually when conditions/requirements have been met e.g. duty and GST paid, doctor’s prescription/permit produced etc) or formally ‘seized’. Seizure is a specific legal action that alters the legal status of the goods and instigates a sequence of legal requirements.

In terms of the use of illicit in your request, we have interpreted this to mean any good that has been found during a search activity that has been deliberately not declared for customs purposes (usually to avoid duty payment or a prohibition on the goods).

Data is readily available for illicit tobacco ‘intercepted’ and can include tobacco ‘abandoned’ at the airport by passengers who do not wish to pay the duty and GST owing.

Extracting seizure data would take much longer and there may be charges associated with collating this information pursuant to section 15(1)(A) of the Official Information Act.

Please advise if the provision of ‘intercepted’ data is acceptable for the purposes of your request with abandoned tobacco included (or not included) or if you would still like to progress with seizure data.

Yours sincerely

Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service

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Dear Bea Tanjangco

On 4 September 2017, you asked the New Zealand Customs Service (Customs) for information under the Official Information Act 1982 (the Act). Your request was made via the FYI website.

Section 12 of the Act provides that any person may make a request where they are:

• a New Zealand citizen; or
• a permanent resident of New Zealand; or
• a person who is in New Zealand; or
• a body corporate which is incorporated in New Zealand; or
• a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

Customs requires more information to establish your compliance with section 12. An original of any one of the following items is acceptable as a demonstration of your eligibility:

• A recent bill from the company who supplies your power, gas, water, phone or internet services
• Council rates notice
• A letter from the Electoral Office
• Travel itinerary
• Anything from a government agency that includes your name and address
• Unexpired Rental or Tenancy Agreement.

A scanned copy of one of the above can be sent to [Customs request email].

Once Customs receives this additional information from you, and is satisfied that the requirements of section 12 have been met, we will acknowledge the request and begin to consider it under the Act. If you do not meet the eligibility criteria of section 12, Customs will still consider your request.

The 20 working days for making a decision on your request will begin from the day Customs receives confirmation of your eligibility or otherwise and a response to its clarification request sent on 7 September 2017.

Yours sincerely

Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service

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