Grounds for search of electronic devices at the border
[Redacted by admin] made this Official Information request to New Zealand Customs Service
The request was partially successful.
From: [Redacted by admin]
Dear New Zealand Customs Service,
The requests for information below relate specifically to a search of "electronic devices" that may be carried out at the border when a person is entering New Zealand. "Electronic devices" in this request is limited to (i) personal computers (laptops, notebooks, etc), (ii) usb file storage devices such as flash drives and mini-drives, but excluding ipods, cameras, etc, and (iii) hand-held devices such as smartphones and tablets.
Once a person is selected for a search, what are the grounds (specifically) under which a NZ Customs Officer may then search an electronic device that is in the possession of that person? Please provide a copy of operations guidelines, training guidelines, and other relevant documentation.
What is the minimum training and qualifications that must be held by customs officers who carry out a search of:
A/ computers and usb storage devices
B/ mobile phones and tablets
In relation to computer searches:
(a) Please provide a detailed list and a brief generalised description of all electronic devices that NZ Customs officers may employ during the search of a computer. This would include (but not be limited to) devices that are plugged into the computer, wireless devices, and scanning equipment
(b) Please advise whether the ordinary search software already present on a computer is used during the search process, or whether some other programme is installed. If programme(s) are installed, please provide a brief general description of the type of programmes used.
(c) If a programme is to be installed on the computer, is the owner informed at any point before, during, or after this process?
(d) During the search process, is information cloned or copied from the computer to any other hardware device? If the answer is "yes" please provide a description of the procedures relating to the management of the cloned or copied information where no prosecution, fine, warning, or other action has taken place against the owner, including:
(i)destruction processes
(ii) timelines for destruction
(iii) whether information such as contacts are examined or scrutinised before the information is destroyed
In relation to the search of a usb storage device, please provide information about:
1. the type of computer or other reader that these devices are plugged into during the search process
2. the antivirus protection used on the computer or other reader that is used to access a usb storage device
3. how the files on the device are opened i.e. whether the files are copied across onto the computer or other reader
4. where no prosecution, fine, warning, or other action has taken place against the owner, what processes are in place for:
(i) the removal of files from the computer or reader used
(ii) the timeline for the removal of the data
A normal search of personal effects and goods is initially carried out in front of the owner, and the only time items are removed from the owner's view is when there is "probable cause" to investigate further. However, the search of electronic equipment is automatically carried out where the owner cannot see what is being done to their equipment. As a result the owner is forced either to provide passwords to NZ Customs staff, or forfeit their electronic device and go through a lengthy process in order to get it back. Please provide copies of legal and policy documentation that specifies that electronic devices warrant a different search treatment to personal effects and other goods.
Where no prosecution, fine, warning, or other action has taken place against the owner, what information is the owner of the electronic device entitled to in relation to:
(i) the specific methods used in the search;
(ii) the files that have been searched;
(iii) the files have been copied onto any other device
I am a New Zealand citizen, living in New Zealand.
Yours faithfully,
[Redacted by admin]
From: feedback
New Zealand Customs Service
PLEASE READ AS THIS CONTAINS SOME HELPFUL ADVICE
Thank you for your e-mail requesting information. New Zealand Customs
Service (Customs) will respond to your request in writing as soon as
possible. Please note that this e-mail address is checked workdays Monday
to Friday 08:00 to 16:00 and there may be delays in replying to you.
For your information, please click on the link for information for
travellers including passenger concessions.
[1]http://www.customs.govt.nz/news/resource...
Should you be planning to go on line shopping please check the link below
to check on the duty that may be payable on your purchases
[2]http://www.whatsmyduty.org.nz/
Further information is available on our website [3]www.customs.govt.nz.
If you have traced your parcel and seen on line a message "Parcel Delayed,
or "Awaiting Customs Clearance" or similar:
Please note that Customs does not physically store or deliver parcels. You
first make enquiries with the carrier example New Zealand Post 0800478 287
or the courier company concerned. If you have an enquiry about a
Customs matter, example the duty charges, in relation to your item, we
will require a Customs Reference number to locate the entry and duty
details. Phone 0800-428786. This should have been advised to you by the
carrier of your goods into NZ.
Please note if you have tracked your parcel and the message indicates a
Customs delay this does not mean that customs are holding your package but
that your carrier (e.g NZ Post) has yet to arrange clearance and you need
to contact that specific carrier to arrange the clearance.
Other contact points
The following border agencies may also be of assistance:
Ministry for Primary Industries - [4]www.mpi.govt.nz or General Enquires
0800 00 83 83 or phone 0800 222 018. (Bringing food or plant material
into NZ)
Aviation Security - [5]www.avsec.govt.nz or phone 04 495 2430. (Taking
liquids or other restricted articles on to an aircraft)
Ministry of Health - [6]www.medsafe.govt.nz. or phone 09 580 9141.
(Bringing prescription medicines into NZ)
NZ Passports enquires [7]www.passports.govt.nz
NZ Immigration or NZ Visa Enquires [8]www.immigration.govt.nz
Client Services Team
Thank you
Client Services Team
New Zealand Customs Service
PO Box 29 Auckland 1140
The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
New Zealand Customs Service.
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.
References
Visible links
1. http://www.customs.govt.nz/news/resource...
2. http://www.whatsmyduty.org.nz/
3. http://www.customs.govt.nz/
4. outbind://97-000000000F63228C3F2B904E8DA0BCC584603F6B07008293D21C16FB404E86A1DEB857E238C200000075EDF800003B0E921D935B8A44A7BEFCE172CEB41B000001717BB50000/www.biosecurity.govt.nz
http://www.mpi.govt.nz/
5. outbind://97-000000000F63228C3F2B904E8DA0BCC584603F6B07008293D21C16FB404E86A1DEB857E238C200000075EDF800003B0E921D935B8A44A7BEFCE172CEB41B000001717BB50000/www.avsec.govt.nz
file:///tmp/blocked::outbind:/97-000000000F63228C3F2B904E8DA0BCC584603F6B07008293D21C16FB404E86A1DEB857E238C200000075EDF800003B0E921D935B8A44A7BEFCE172CEB41B000001717BB50000/www.avsec.govt.nz
6. outbind://97-000000000F63228C3F2B904E8DA0BCC584603F6B07008293D21C16FB404E86A1DEB857E238C200000075EDF800003B0E921D935B8A44A7BEFCE172CEB41B000001717BB50000/www.medsafe.govt.nz
file:///tmp/blocked::outbind:/97-000000000F63228C3F2B904E8DA0BCC584603F6B07008293D21C16FB404E86A1DEB857E238C200000075EDF800003B0E921D935B8A44A7BEFCE172CEB41B000001717BB50000/www.medsafe.govt.nz
7. http://www.passports.govt.nz/
8. http://www.immigration.govt.nz/
From: IPC Procedures and Support
New Zealand Customs Service
Dear [Redacted by admin]
Thank you for your email to the New Zealand Customs Service (Customs)
dated 7 December 2013 in which you request, under the Official Information
Act 1982, information relating to the search of electronic devices at the
border.
As it stands, the scope of your request includes a large amount of
information and is likely to take a lot of time and resource to process.
Unless the scope of your request can be reduced, it is likely that Customs
will need to charge for the supply of the information requested.
Any charge levied will be in line with the Ministry of Justice charging
guidelines which is set at $38.00 (GST incl.) per ½ hour after the first
hour. There is also a charge of 20c per page on standard A4 or foolscap
paper where the total number of pages is in excess of 20 pages.
On confirmation that you wish your request to be progressed, you will be
advised of the charge and asked to provide written acceptance before work
is commenced.
Yours sincerely
Chief Customs Officer IPC Procedures and Support
The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
New Zealand Customs Service.
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.
From: [Redacted by admin]
Dear IPC Procedures and Support,
Thank you for your response. I would like to narrow the request for information to just one item, as follows.
A search at the border of personal effects is initially carried out in front of the owner, and the only time items are removed from the owner's view is when there is "probable cause" to investigate further. However, the initial search of electronic equipment (such as laptop computers, smart phones, and usb storage devices) is carried out where the owner cannot see what is being done to their equipment, meaning that passwords have to be provided to NZ Customs officers.
Assuming that a search results in no warning, prosecution, or other action against the equipment owner, is the owner entitled to obtain reasonably detailed information about what was done to their equipment? Please provide copies of fact sheets, and standard correpondence used to disseminate this information.
I am a New Zealand citizen, living in New Zealand.
Yours faithfully,
[Redacted by admin]
From: IPC Procedures and Support
New Zealand Customs Service
Dear [Redacted by admin]
Thank you for your email below, in response to our email dated 7 December 2013, in which you have refined your request for information relating to the search of electronic devices at the border.
I am pleased to advise that it will now not be necessary to charge for the information supplied.
In accordance with section 15 of the Act, Customs will respond to you as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request was received. Accordingly, you will be responded to on or before 7 February 2014.
Yours sincerely
Chief Customs Officer - Procedures and Support
show quoted sections
[Redacted by admin] left an annotation ()
I have been advised by NZ Customs in separate correspondence that along with the usual statutory holidays there are also additional public service holidays that apply during the holiday season over Christmas and New Years. They didn't say how many of these days apply, but I have learned that their offices were not officially opened until January 15th, so any responses expected prior to that date would not have been met.
[Redacted by admin]
Alex Harris left an annotation ()
See the definition of "working day" in the OIA. Any day between December 25 and january 15 doesn't count. Unfortunately, FYI's working day calculator doesn't seem to recognise this.
[Redacted by admin] left an annotation ()
To clarify the "partially answered" status I have allocated, I received a reply to the second (scaled down) enquiry. This means that the remainder of my original enquiry has not been answered.
From: FYI.org.nz Administrator
The attached is a redacted form of the letter originally received from the
authority on February 05, 2014.
The redacted form has been supplied by the authority at the request of the
original requester.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
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Alex Harris left an annotation ()
Looking at this request, i would expect much of it to be refused or heavily redacted under s6(c) - maintenance of law and order. In that context, talking about a charge is simply rude. However, it might be worth narrowing the request to simply one component. The original has been published, so I'm sure you will find helpful FYI users willing to tag-team to ask the other sections, and thus gain release without any chance of incurring a charge.
Link to this