2 Dec 2016
JURY v THE CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE [2016] NZHC 2868 [2 December 2016]
- Citation
- [2016] NZHC 2868
- Court
- High Court
Section 267 places the burden on the appellant to show the Authority's decision was wrong, but the Authority erred in law by requiring the appellant to disprove Customs' reasonable cause as if Customs' conclusion were presumptively correct; further, the Authority applied an incorrect and insufficient test for 'intended for use' under s 225(1)(o)—mere probability or awareness is not enough to constitute the specific intent required for forfeiture—therefore the Authority's decision upholding forfeiture was quashed and the seized tobacco must be returned.