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Tēnā koe Mr Scheirlinck,

Please find attached a response to your request for information on 19 April 2023.

Nāku noa, nā

Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service

-----Original Message-----
From: Dominic Scheirlinck <[FOI #22504 email]>
Sent: Wednesday, 19 April 2023 13:25
To: OIA <[email address]>
Subject: Official Information request - Number of initial and full searches of electronic devices, 2018-2023

Dear New Zealand Customs Service,

I would like to request the following information under the Official Information Act. I am an NZ citizen.

Your website says (at https://www.customs.govt.nz/personal/tra...):

> In 2018/19, Customs conducted 671 initial searches and 47 full searches of electronic devices, which were carried by 364 travellers – so 99.99% of the 14.5 million passengers travelling to and from New Zealand each year do not have their electronic devices searched.

Could you please tell me which days within the 2018/19 year this statistic pertains to? (The text "2018/19" implies a start/end date within the year. e.g. July 1 2018 to July 1 2019)

Then, I would like similar statistics for the 3 (or possibly 4) subsequent, complete, yearly periods, up until the present day. So, for each subsequent period ("2019/20", "2020/21", "2021/22" and "2022/23" (if complete)), I would like:

- The number of initial searches of electronic devices
- The number of full searches of electronic devices
- The number of passengers who were carrying such searched devices
- The total number of passengers travelling to and from NZ

In addition to these statistics, for each period, could you please tell me:

- The number of prosecutions made under section 228 subsection (8) of the Customs and Excise Act 2018 - i.e. failing to comply with duty to assist access to device
- The number of devices treated as forfeited by a Customs officer who retains a device under section 228 subsection (10) of that same act (i.e. prior to a person being convicted under subsection (8))
- The number of devices condemned to the Crown, destroyed, and returned, under section 228 subsection (11) of that same act (i.e. after a person is convicted under subsection (8))

I anticipate most of these data points (barring perhaps prosecutions) should be top-of-line statistics already prepared (e.g. total number of travellers), or able to be queried from the Customs database that records all searches involving an electronic device. Accordingly, I do not consider the scope of information contained in this request as being overly large or hard to collate.

I also consider there to be a strong public interest in this information, as these statistics will allow the public to evaluate the changes that have occurred as a result of the Customs and Excise Act 2018 passing into law.

Yours faithfully,
Dominic Scheirlinck

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Te Mana Ārai o Aotearoa, New Zealand Customs Service encourages up to date vaccination. To meet our workplace safety requirements you should not attend a Customs site if you are feeling unwell or have COVID-19 symptoms or have positive household close contacts.

The information contained in this email is intended for the addressees 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 received this in error, please:

1. Reply promptly to that effect, remove this email and any replies from your system.
2. Do not act on this email in any other way.

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