criminal-law interpretation
Understanding Declaration
<p>(I am in New Zealand, but am interested in answers following British style law..</p>

<p>When entering into New Zealand (as with most countries), passengers are required to fill out an <a href="https://www.customs.govt.nz/globalassets/documents/forms/passenger-arrival-card.pdf" rel="nofollow noreferrer">arrival card</a>.  At the bottom of this arrival card it states "I declare the information I have given is true, correct, and complete".   The document also states "This arrival card is a legal document - false declarations can lead to penalties...".</p>

<p>A person is cited for "being required to make a declaration in relation to goods specified in that declaration, erroneously declared..." - where the only document in question was an arrival card.  There was also a brief discussion with an MPI agent.</p>

<p>The act allegedly contravened is the <a href="http://www.legislation.govt.nz/act/public/1993/0095/latest/DLM314623.html" rel="nofollow noreferrer">Biosecurity Act 1993</a>  - however this act does not define the word declaration, or use it this context.</p>

<p>There is another act - the <a href="http://www.legislation.govt.nz/act/public/1957/0088/latest/whole.html#whole" rel="nofollow noreferrer">Oaths and Declarations Act 1957</a>, which does, in section 8-10 define "Manner of making declarations".    If the arrival card meets neither the oath/affirmation requirementnor form or wording of the Oaths and Declarations Act - which seems to be the case here, legally speaking, [can and how/by what interpretation] be charged for making a false declaration such that it will hold up in court?   </p>

<p>Relatedly, and maybe not clearly implied in the above question - (1) Can a declaration be verbal?  (2) Relating to (minor) criminal charges ala parking tickets, does a declaration have to be in the form/is it covered by the Oaths and Declarations Act?</p>

<p>The Biosecurity Act 1993 gives inspector's the power to take declarations at s30(1B):</p>

<blockquote>
  <p>An inspector may require a person arriving in New Zealand to make a declaration about 1 or more of the following in a manner specified by the inspector:</p>
</blockquote>

<p>A "manner specified by the inspector" can be either verbal or written.</p>

<p>Making a mistake in this declaration exposes the declarant to a penalty under s154N(21):</p>

<blockquote>
  <p>A person commits an offence against this Act who erroneously declares that he or she is not in possession of any or all of the goods specified in a declaration that the person is required to make about the goods.</p>
</blockquote>

<p>And this is an infringement offence (meaning it can be dealt with summarily by an infringement notice) under the <a href="http://www.legislation.govt.nz/regulation/public/2010/0067/latest/whole.html?search=sw_096be8ed81825b5d_biosecurity%20Regulation_25_se&amp;p=1#DLM2806506" rel="nofollow noreferrer">Biosecurity (Infringement Offences) Regulations 2010</a> attracting a fee of NZD400.</p>

<p>The declaration under the Biosecurity Act 1993 supersedes the requirements of the Oaths and Declarations Act 1957 because it specifically empowers inspectors to determine the manner of the declaration.</p>
