Short Answer - Importation Flashcards
Definition “Importation”
In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
~ Customs and Excise Act 2018, Section 5
Case Law “Importation”
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
Ways drugs are imported…
- have drugs concealed in or on their person, or in their luggage
- Have another person (a ‘mule’) bring the drugs in for them
- Send or have drugs sent by international mail or courier
- Conceal drugs inside legitimate goods, for example within shipping containers
The Importing Process
Importation is a process that commences at the point of origin and continues until the drugs have reached their ultimate destination in New Zealand.
Criminal liability arises as soon as the drugs cross New Zealand’s border, and an importer may therefore be convicted under section 6(1)(a) even if the drugs are intercepted by Customs and never reach the addressee (the intended recipient).
However the offence does not end at the border; the process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.
Anyone who knowingly assists in facilitating the process up until that point may be liable as a party to the importation.
In R v Hancox2 two parcels containing MDMA (Ecstasy) tablets were mailed from overseas to a post office box in Auckland. The defendant was arrested when she went to uplift one of the parcels, claiming that she had simply been asked to clear the box and had intended to deliver the parcel to the addressee. The Court of Appeal held that delivery into the post office box was the final step in the transit process and that the importation had ended; the woman’s involvement after that point could therefore not have aided or assisted in the importation.
