Title
1 Short Title and commencement
Part 1
Preliminary
2 Interpretation
3 Application of Act to syndromes of uncertain origin
4 Application of Act to fish and mammals taken in exclusive economic zone
5 Act binds the Crown
6 Land may include parts of boundary roads
7 Relationship with other enactments
7A Relationship with Resource Management Act 1991
Part 2
Functions, powers, and duties
Ministers
8 Responsibilities of responsible Minister
9 Powers of responsible Minister
10 Functions of Ministers in relation to proposed national pest management strategies
11 Other powers of Ministers
12 Responsible Minister may require information
Local authorities
13 Powers of regional councils
14 Powers of territorial authorities
15 Transfer of powers, etc, by local authorities
Part 3
Importation of risk goods
16 Purpose of Part 3
Arrival of craft
17 Notice of intended arrival of craft in New Zealand
18 Arrival of craft in New Zealand
19 Persons in charge of certain craft to obey directions of inspector or authorised person
Import health standards
20 Import health permits [Repealed]
21 Criteria for issue of import health permits [Repealed]
22 Import health standards
22A Process for independent review panel to be established
23 Revocation and variation of import health permits [Repealed]
24 Exemptions from requirement for import health permit [Repealed]
Clearance of risk goods
25 Goods to be cleared for entry into New Zealand
25A Organisms illegally present in New Zealand [Not in force]
26 Clearances
27 Inspector to be satisfied of certain matters
28 Restrictions on giving clearances
28A Dealing with suspected new organism
28B Biosecurity clearance for certain new organisms and qualifying organisms
29 Restricted organisms to be contained
Inspections, declarations, etc
30 Uncleared imports
30A Processing unaccompanied goods
31 Boarding of craft
32 Powers relating to craft
33 Risk goods on board craft
34 Disembarkation
35 Duties of people in biosecurity control areas
36 Movement of risk goods
37 Approval of ports as places of first arrival
37A Approval of arrival of craft at port not approved as place of first arrival
37B Suspension of approval
37C Port operators
37D Director-General to consult chief executives
38 Importers' records
39 Approval of transitional facilities and containment facilities
40 Approval of facility operators
41 Designation of quarantine area
Part 4
Surveillance and prevention
42 Purpose of Part 4
43 Duty to provide information
44 General duty to inform
45 Notifiable organisms
46 Duty to report notifiable organisms
47 Imported risk goods [Repealed]
48 Power to require information
49 Use of information
50 Identification systems
51 Duties relating to identification of organisms
52 Communication of pest or unwanted organism
53 Duties of owners of organisms
Part 5
Pest management
54 Purpose of Part 5
55 Powers for purpose of pest management strategy and small-scale management programme
National pest management strategies
56 Preparation of national pest management strategy
57 Notification of proposal by Minister
58 Request to notify national proposal
59 Minister may refuse to notify suggested strategy in certain circumstances
60 Preparation and contents of proposal for national pest management strategy
61 Funding information required in proposal
62 Notification of proposed national pest management strategy
63 Board of inquiry
64 Public notification of inquiry [Repealed]
65 Submissions to the board of inquiry [Repealed]
66 Summary of submissions, notification and conduct of hearing
67 Matters to be considered and board of inquiry's report
68 Making of national pest management strategy
69 Duties of Ministers in relation to proposed national pest management strategies
69A Contents of national pest management strategy
69B Strategy rules
69C Incorporation by reference
69D Exemption power of Minister
70 Orders to be laid before House of Representatives
Regional pest management strategies
71 Preparation of regional pest management strategy
72 Prerequisites for proposal
73 Consultation
74 Request to notify regional proposal
75 Council may refuse to notify suggested strategy in certain circumstances
76 Preparation and contents of proposal for regional pest management strategy
77 Funding information required in proposal
78 Notification of proposed regional pest management strategy
79 Hearings commissioners
79A Summary of submission, notification, and conduct of hearing
79B Regional matters to be considered and regional council's report
79C Notification of decision
79D Reference of decision on submissions to Environment Court
79E Hearing by Environment Court
79F Final consideration of regional pest management strategy
80 Regional pest management strategy to be processed like national pest management strategy [Repealed]
80A Contents of regional pest management strategy
80B Strategy rules
80C Incorporation by reference
80D Exemption power of regional council
81 Implementation of regional pest management strategy
82 Powers that may not be delegated
83 Councils may act jointly
National and regional pest management strategies
84 Management agencies
85 Operational plans
86 Compensation
87 Crown obligations
88 Duration and review of pest management strategies
88A Minor changes to strategy
89 Strategy may relate to several pests
Funding of strategies
90 Strategy may impose levy
91 Orders to be confirmed
92 Restrictions on levies
93 Contents of levy provisions in strategy
93A Trust accounts for levy money payable to management agency
94 Effect of levy
95 Financial provisions
95A Orders to provide for statements, accounts, and records to be kept
95B Compliance audits
95C Purpose of compliance audits
95D Power of Auditors to require production of statements, accounts, and records
96 Resolution of disputes
97 Regional strategy to be funded by rates
97A Approval of regional pest management strategy [Repealed]
98 Contents of rating provisions in strategy [Repealed]
99 Making and levying of rates [Repealed]
99A Funding powers of regional councils for national pest management strategies
99B Limitation on expenditure
Management of unwanted organisms present on small scale
100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms
100A Exercise of powers in respect of unwanted organism
Part 6
Administrative provisions
Appointments and delegations
101 Chief technical officers
102 Deputy chief technical officers
103 Inspectors, authorised persons, and accredited persons
104 Authorised persons to comply with instructions
105 Delegation to authorised persons
Administrative powers
106 Power to require assistance
107 Power of inspectors to detain people
108 Power to search people
109 Power of inspection
110 Warrant to inspect dwellinghouse, marae, etc
111 Entry in respect of offences
112 Duties on exercising power of entry
113 Power to record information
114 General powers
114A Application of articles or substances from aircraft
115 Use of dogs and devices
116 Power to seize and dispose of unauthorised goods
117 Expenses and compensation
118 Power to seize evidence
119 Power to seize abandoned goods
120 Power to intercept baggage, etc
121 Power to examine organisms
121A Power to apply article or substance to place
121B Prohibition or control of certain tests
122 Power to give directions
123 Power to vaccinate, etc
124 Power to destroy organism on non-payment of fees
125 Transitional facility direction
126 Inspection of and intervention in transitional facilities and containment facilities
127 Destruction of imported organisms
128 Power to act on default
129 Liens
Place and area controls
130 Declaration of restricted place
131 Declaration of controlled area
132 Road blocks, cordons, check-points, etc
133 Duration of place and area declarations
134 Enforcement of area controls
Recovery of costs
135 Options for cost recovery
136 Failure to pay
137 Levies
138 Orders to be confirmed
139 Restrictions on levies
140 Contents of levy order
140A Trust accounts for levy money payable to Director-General
141 Effect of levy order
141A Orders to provide for records to be kept for Director-General's levy
141B Compliance audits for Director-General's levy
141C Purpose of compliance audits for Director-General's levy
141D Power of Auditors to require production of statements and records
142 Resolution of disputes
Part 7
Exigency actions
143 Purpose Of Part 7
144 Declaration of biosecurity emergency
145 Emergency powers
146 Duration of emergency
147 House of Representatives to be informed
148 Revocation by House of Representatives of biosecurity emergency
149 Compensation [Repealed]
150 Biosecurity emergency regulations
151 Emergency regulations to be confirmed
152 Provisional control action
153 Compensation following investigation of pests [Repealed]
Part 8
Enforcement, offences, and penalties
154 Offences
155 Proof of permission, etc
156 Liability of principals and agents
157 Penalties
158 Fines to be paid to management agency instituting prosecution
159 Proceedings for infringement offences
159A Accelerated infringement notice procedure for border infringement offences
160 Payment of infringement fees
160A Procedure for certain declaration offences [Repealed]
161 Evidence in proceedings
162 Time for laying informations
Part 9
Miscellaneous provisions
162A Compensation
163 Protection of inspectors and others
164 Liability for goods
164A Procedure for giving directions or making requirements
164B Application of section 164A
164C Registration of unwanted organisms
165 Regulations
166 General provisions as to regulations
167 Repeals and revocations
168 Enactments amended
Part 10
Savings and transitional provisions
169 Savings of Animals Act 1967 for limited administrative purposes [Repealed]
170 Savings of Plants Act 1970 for limited administrative purposes
171 Savings of Apiaries Act 1969 for limited administrative purposes [Repealed]
172 Transition of emergency proclamations
173 Transitional continuance of regulations
174 Transitional provision concerning inspectors, etc
175 Transition of quarantine appointments
176 Transition of import permits and exemptions [Repealed]
177 Transition of notices under section 13A of Animals Act 1967
178 Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer
179 Transitional control of agricultural pests [Expired]
180 Compensation for certain slaughtered animals [Expired]
181 Transitional control of plant pests [Expired]
182 Transitional control of bee diseases [Expired]
183 Transitional control of hydatids [Expired]
184 Designated ports of entry
184A Designated as approved, or approved, ports
185 Expiration of sections 179 to 183
185A Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
Schedule 1
Matters for consideration in the preparation of proposals for pest management strategies
[Repealed]
Schedule 2
Board of inquiry procedure
Schedule 3
Enactments repealed
Schedule 4
Enactments amended
Schedule 5
Regulations amended
Schedule 6
Orders in Council and notices revoked
Schedule 7
Regulations and orders continuing in force
Schedule 8
Approved places of first arrival in New Zealand
Schedule 9
Designated as approved, or approved, ports
Biosecurity Amendment Act (No 2) 2008
Reprint notes