Manual or instructions for electronic border searches
Alex Harris made this Official Information request to New Zealand Customs Service
The request was refused by New Zealand Customs Service.
From: Alex Harris
Dear New Zealand Customs Service,
Customs' practice of searching electronic devices such as laptop computers, cellphones, and USB sticks at the border using s151 powers has recently come to media attention. I would like to request the following information under the OIA:
* Is there a manual, documentation, standard procedure or other guidance for Customs staff conducting such searches?
* A copy of such a manual if it exists
I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
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 Alex Harris
Thank you for your email to the New Zealand Customs Service (Customs)
dated 13 December 2013 in which you request under the Official Information
Act 1982 (the Act) a copy of any manual, documentation, standard procedure
or other guidance for Customs staff conducting such searches at the
border.
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 3 February 2014.
Yours sincerely
Chief Customs Officer – 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: OIA
New Zealand Customs Service
Dear Ms Harris
Please find attached the response of the New Zealand Customs Service to
your request, dated 13 December 2013, for information relating to the
searching of electronic devices.
<<Signed response.pdf>>
Yours sincerely
Chief Customs Officer – 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: Alex Harris
Dear OIA,
I direct your attention to s17 OIA about the delection of information from documents. While s6(c) undoubtedly applies to some material in the manual, I would not expect it to apply to all of it - for example to material on secure custody of information, who it is shared with, backups, and the return of original devices.
I hav enow lodged a complaint with the Ombudsman about your aggressive withholding.
Yours sincerely,
Alex Harris
Alex Harris left an annotation ()
T: I've reviewed my email, and it appears this complaint has not even been allocated a number. Other complaints from around that time have been processed, so it appears to have slipped through the cracks.
Alex Harris left an annotation ()
The Ombudsman has reviewed and upheld Customs' decision. Their decision is here:
https://drive.google.com/file/d/0B_ffA-f...
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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T left an annotation ()
Thanks for this, Alex - any update from the Ombudsman?
Link to this