New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 20 September 2007
| Public Act | 1993 No 95 |
| Date of assent | 26 August 1993 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Agriculture
20 Import health permits [Repealed]
21 Criteria for issue of import health permits [Repealed]
25A Organisms illegally present in New Zealand [Not in force]
Inspections, declarations, etc
47 Imported risk goods [Repealed]
National pest management strategies
64 Public notification of inquiry [Repealed]
65 Submissions to the board of inquiry [Repealed]
Regional pest management strategies
80 Regional pest management strategy to be processed like national pest management strategy [Repealed]
National and regional pest management strategies
97A Approval of regional pest management strategy [Repealed]
98 Contents of rating provisions in strategy [Repealed]
99 Making and levying of rates [Repealed]
Management of unwanted organisms present on small scale
100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms
149 Compensation [Repealed]
153 Compensation following investigation of pests [Repealed]
159A Certain declaration offences may be proceeded with by way of accelerated infringement notice procedure
160A Procedure for certain declaration offences [Repealed]
176 Transition of import permits and exemptions [Repealed]
181 Transitional control of plant pests [Expired]
182 Transitional control of bee diseases [Expired]
183 Transitional control of hydatids [Expired]
185A Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms
(1) This Act may be cited as the Biosecurity Act 1993.
(2) This Act shall come into force on the 1st day of October 1993.
(1) In this Act, unless the context otherwise requires,—
Approved means approved by the Director-General
Approved identification means any method of identifying animals or animal products approved under section 50 of this Act or prescribed under this Act
Arrive in New Zealand,—
(a) In relation to an aircraft, means to land (whether or not on land) in New Zealand territory after a flight originating outside New Zealand territory:
(b) In relation to any other craft, means to anchor, berth, or come ashore in New Zealand territory after a voyage originating outside New Zealand territory:
(c) In relation to a person, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory:
Authorised person means a person for the time being appointed an authorised person under section 103 of this Act
Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996
Authority: this definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Biosecurity clearance means a clearance under section 26 of this Act for the entry of goods into New Zealand
Biosecurity control area means a place that is—
(a) Part of a port approved as a place of first arrival in accordance with section 37(1); and
(b) By written agreement with the port's operator, under the control of the Director-General for the purposes of this Act:
Biosecurity control area: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Biosecurity control area: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Chief executive means the head of a Department; and includes a chief executive appointed under the State Sector Act 1988
Chief technical officer means a person appointed a chief technical officer under section 101 of this Act
Confine
[Repealed]
Confine: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Consultation includes actions taken before the enactment of this Act in anticipation of its enactment; and consult has a corresponding meaning
Containment condition that is still operative, at any time, means a condition of a kind authorised by section 13(2)(ab)(i) of the Animals Act 1967—
(a) In the case of a condition requiring an organism to be held indefinitely, where the condition has not before that time been revoked; and
(b) In the case of a condition requiring an organism to be held for a specified period, where the period has not before that time expired; and
(c) In the case of a condition requiring an organism to be held until the happening of a specified event, where the event has not before that time happened:
Containment facility means a place approved in accordance with section 39 for holding organisms that should not, whether for the time being or ever, become established in New Zealand
Containment facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Containment facility: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Controlled area means an area for the time being declared under subsection (2) of section 131 of this Act to be an area that is controlled for the purposes of that section
Conveyance includes any craft, truck, cargo container, horse-box, wagon, cart, dray, cage, kennel, or vehicle that is or has been used for the conveyance of, or has come into contact with, any organism or organic material
Costs and benefits includes costs and benefits of any kind, whether monetary or non-monetary
Craft includes any aircraft, ship, boat, or other machine or vessel used or able to be used for the transportation of people or goods, or both, by air or sea
Department has the same meaning as in the State Sector Act 1988
Designated port of entry
[Repealed]
Designated port of entry: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Director-General means the chief executive of the Ministry
Environment includes—
(a) Ecosystems and their constituent parts, including people and their communities; and
(b) All natural and physical resources; and
(c) Amenity values; and
(d) The aesthetic, cultural, economic, and social conditions that affect or are affected by any matter referred to in paragraphs (a) to (c) of this definition:
Exclusive economic zone means the zone of that name described in section 9 of the Territorial Sea and Exclusive Economic Zone Act 1977
Goods means all kinds of moveable personal property
Import, subject to section 4 of this Act, means bring within New Zealand territory from outside that territory; and imported has a corresponding meaning
Import health permit
[Repealed]
Import health permit: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Import health standard means a document issued under section 22
Import health standard: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Import health standard: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Inspector means a person who is appointed an inspector under section 103 of this Act
Local authority means a regional council or territorial authority
Management agency means the Department, authority, or body corporate specified in a pest management strategy as the agency given the task of implementing the strategy
Marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated
Minister means a Minister of the Crown; and
(a) In relation to a national pest management strategy, means the Minister who recommended the making of the order under section 68 making the strategy; and
(b) In relation to a proposal for a national pest management strategy that has been notified, means the Minister who notified the proposal:
Minister: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Minister: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Natural resources
[Repealed]
Natural resources: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Natural and physical resources means—
(a) Organisms of all kinds; and
(b) The air, water, and soil in or on which any organism lives or may live; and
(c) Landscape and land form; and
(d) Geological features; and
(e) Structures of all kinds; and
(f) Systems of interacting living organisms and their environment:
Natural and physical resources: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
New organism has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996
New organism: this definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
New Zealand territory means the land and the waters enclosed by the outer limits of the territorial sea (as described in section 3 of the Territorial Sea and Exclusive Economic Zone Act 1977)
New Zealand territory: this definition was amended, as from 26 November 1997, by section 2(3) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “land and the waters”
for the word “territory”
.
Occupier,—
(a) In relation to any place physically occupied by any person, means that person; and
(b) In relation to any other place, means the owner of the place; and
(c) In relation to any place, includes any agent, employee, or other person, acting or apparently acting in the general management or control of the place:
Organic material, subject to subsection (2) of this section, means any material that is or contains—
(a) Material derived from an organism; or
(b) An excretion or secretion of an organism,—
(whether or not it also contains material derived from a human being or contains the secretions of a human being)
Organism—
(a) Does not include a human being or a genetic structure derived from a human being:
(b) Includes a micro-organism:
(c) Subject to paragraph (a) of this definition, includes a genetic structure that is capable of replicating itself (whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity):
(d) Includes an entity (other than a human being) declared by the Governor-General by Order in Council to be an organism for the purposes of this Act:
(e) Includes a reproductive cell or developmental stage of an organism:
(f) Includes any particle that is a prion:
Organism: paragraph (f) of this definition was inserted, as from 26 November 1997, by section 2(3) Biosecurity Amendment Act 1997 (1997 No 89).
Other department means a department of State other than the Ministry
Other Minister means a Minister other than the responsible Minister
Person includes the Crown, a corporation sole, and a body of persons (whether corporate or unincorporate)
Pest means an organism specified as a pest in a pest management strategy
Pest agent, in relation to any pest, means any organism capable of—
(a) Helping the pest replicate, spread, or survive; or
(b) Interfering with the management of the pest:
Pest management strategy and strategy mean a strategy, made under Part 5 of this Act, for the management or eradication of a particular pest or pests
Pest management strategy: this definition was amended, as from 26 November 1997, by section 2(4) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “made”
for the word “approved”
.
Place includes any building, conveyance, craft, land, or structure, and the bed and waters of the sea and any canal, lake, pond, river, or stream
Port includes an airport, anchorage, harbour, and wharf
Prescribed means prescribed by regulations made under this Act
principal officer means,—
(a) in relation to a regional council, its chief executive; and
(b) in relation to a region, the chief executive of the region's regional council;
and includes an acting chief executive
Principal officer: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Quarantine means confinement of organisms or organic material that may be harbouring pests or unwanted organisms
Quarantine: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89)
Quarantine area means a place so designated under section 41 of this Act
Quarantine facility
[Repealed]
Quarantine facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Reasonable charge means a charge calculated by the Director-General having regard to the direct and indirect costs of performing the activity concerned
Region, in relation to a unitary authority, means the region in respect of which it has the functions, duties, and powers of a regional council
Regional council includes the Chatham Islands Council and a unitary authority
Regional Council: this definition was amended, as from 1 November 1995, by section 36 Chatham Islands Council Act 1995 (1995 No 41) by omitting the word “County”
.
Regulations means regulations made under this Act
Responsible Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Restricted organism means any organism for which a containment approval has been granted in accordance with the Hazardous Substances and New Organisms Act 1996 (including any approval deemed to have been granted under sections 254(1), 254(3), 254(8)(a), 255(1), 255(2), 256, 258(1), and 258(3))
Restricted organism: this definition was repealed, as from 29 July 1998 with application to new organisms, by section 128(1)(a) Biosecurity Amendment Act 1997 (1997 No 89).
Restricted organism: a new definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Restricted place means any place that an inspector or an authorised person has declared to be a restricted place under section 130 of this Act
Restricted place: this definition was amended, as from 26 November 1997, by section 2(5) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “place”
for the word “premises”
.
Risk goods means any organism, organic material, or other thing, or substance, that (by reason of its nature, origin, or other relevant factors) it is reasonable to suspect constitutes, harbours, or contains an organism that may—
(a) Cause unwanted harm to natural and physical resources or human health in New Zealand; or
(b) Interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms:
Risk goods: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Risk goods: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Road includes all bridges, culverts, and fords forming part of any road
Road: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Rule means a rule included in a pest management strategy in accordance with section 69B or section 80B
Rule: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Small-scale management programme means a small-scale management programme declared under section 100
Small-scale management programme: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Threatened species includes any species within the meaning given to the terms extinct in the wild, critically endangered, endangered, and vulnerable by the International Union for Conservation of Nature and Natural Resources
Threatened species: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Transitional facility means
(a) Any place approved as a transitional facility in accordance with section 39 for the purpose of inspection, storage, treatment, quarantine, holding, or destruction of uncleared goods; or
(b) A part of a port declared to be a transitional facility in accordance with section 39:
Transitional facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Transitional facility: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Treatment
[Repealed]
Treatment: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Unauthorised goods means any goods that are—
(a) Uncleared goods in a place that is not a transitional facility or a biosecurity control area (other than goods that, in accordance with the authority of an inspector, are—
(i) Proceeding from a transitional facility or a biosecurity control area to a transitional facility, biosecurity control area, or a containment facility; or
(ii) Being exported from New Zealand); or
(b) Uncleared goods that are in a transitional facility or a biosecurity control area to which those goods proceeded, other than in accordance with the authority of an inspector, from some other transitional facility, or biosecurity control area, and have not later received the authority of an inspector to remain there; or
(c) Goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or
(d) A restricted organism in a place that is not a containment facility (other than an organism that,—
(i) In accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or
(ii) Is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or
(iii) In accordance with the authority of an inspector, is being exported from New Zealand); or
(e) A restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there:
Unauthorised goods: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Unauthorised goods: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Uncleared goods means imported goods for which no biosecurity clearance has been given
unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002
unitary authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Unwanted organism means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health; and
(a) Includes—
(i) Any new organism, if the Authority has declined approval to import that organism; and
(ii) Any organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996; but
(b) Does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996, unless—
(i) The organism is an organism which has escaped from a containment facility; or
(ii) A chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health:
Unwanted organism: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Unwanted organism: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Unwanted organism: this definition was repealed, as from 29 July 1998, with application to new organisms, by section 128(1)(b) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Unwanted organism: a new definition was inserted, as from 29 July 1998 with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Working day means any day except—
(a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(ab) The day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and
(b) A day in the period commencing on the 20th day of December in any year and ending with the 15th day of January in the following year.
Working day: paragraph (ab) of this definition was inserted, as from 26 November 1997, by section 2(6) Biosecurity Amendment Act 1997 (1997 No 89).
(2) No goods are an organic material by virtue only of being or containing cardboard, coal, paper, petroleum oil, or a substance derived from coal or petroleum oil.
(3) For the purposes of this Act any organism may be specified, whether in a pest management strategy or for any other purpose, by reference to—
(a) Its scientific name; or
(b) The name of a disease it causes; or
(c) Both.
(4) [Repealed]
Subsection (4) was repealed, as from 8 July 2003, by section 3 Biosecurity Amendment Act 2003 (2003 No 38).
(1) This subsection applies to a syndrome if—
(a) The scientific community generally accepts that—
(i) It is probably caused by an organism; but
(ii) There is no satisfactory proof that it is in fact caused by an organism; or
(b) The scientific community generally accepts that—
(i) It is caused by an organism; but
(ii) There is no satisfactory evidence available as to the identity or nature of the organism causing it.
(2) This Act shall have effect as if every syndrome to which subsection (1) of this section applies is in fact caused by an organism, which may be specified (in a pest management strategy or for any other purpose) by reference to the name generally accepted by the scientific community for that syndrome.
(3) In this section, syndrome means a group of characteristic symptoms, behaviours, or symptoms and behaviours, generally recognised by the scientific community as proceeding or being likely to proceed from a single cause.
This Act shall have effect in relation to fish (within the meaning of section 2 of the Fisheries Act 1983) and marine mammals (within the meaning of section 2 of the Marine Mammals Protection Act 1978),—
(a) Taken in the exclusive economic zone; and
(b) Carried on board a foreign licensed vessel, a vessel registered under the Fisheries Act 1983, or a vessel operated by the Crown,—
as if they are not imported goods.
Except as is provided in section 87 of this Act, this Act binds the Crown.
(1) Where any pest management strategy applies to land adjoining a road, that strategy may state that the land includes, for the purposes of the strategy, all or any of the portions of road bounded by—
(a) The boundary of that land abutting that road; and
(b) Lines extended from the end of that portion of boundary to the middle line of the road; and
(c) The middle line of the road connecting those extended lines.
(2) Any person required or authorised by or under any pest management strategy to do anything on or in relation to land, where the pest management strategy provides that the land includes portions of road in accordance with subsection (1), is also required or authorised to do that thing on those portions of the road.
(3) Nothing in subsection (2) authorises any person to damage any road.
Section 6 was substituted, as from 26 November 1997, by section 3 Biosecurity Amendment Act 1997 (1997 No 89).
(1) Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part 7 of this Act.
(2) Except—
(a) To the extent provided in subsections (1), (5), and (6) of this section and section 7A of this Act; and
(b) To the extent that those enactments are expressly amended by section 168(1) of this Act,—
this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941, the Forests Act 1949, the Wildlife Act 1953, the Health Act 1956, the Animal Welfare Act 1999, the Wild Animal Control Act 1977, the Reserves Act 1977, the National Parks Act 1980, the Fisheries Act 1983, the Conservation Act 1987, the Trade in Endangered Species Act 1989, or the Resource Management Act 1991.
(3) This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 1996 and, in particular, the provisions of this Act do not affect the obligations of any person under the Customs and Excise Act 1996 in relation to goods.
(4) The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 in relation to any controlled drug (as defined in section 2(1) of that Act).
(5) The provisions of the Wild Animal Control Act 1977 do not apply to prevent or inhibit the exercise of any powers under the Biosecurity Act 1993 on any land (other than land administered under the Acts listed in Schedule 1 of the Conservation Act 1987) when those powers are used in respect of—
(a) A pest; or
(b) An unwanted organism—
that may be transmitted by any animal to which the Wild Animal Control Act 1977 applies.
(6) The provisions of the Wildlife Act 1953 (including any regulations made under that Act)—
(a) do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and
(b) do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism.
Subsection (1) of the original section 7 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 no 27) by substituting the words “Customs and Excise Act 1996”
for the words “Customs Act 1966”
.
Subsection (2)(a) of the original section 7 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 no 27) by substituting the words “Customs and Excise Act 1996”
for the words “Customs Act 1966”
.
Section 7 was substituted, as from 26 November 1997, by section 4 Biosecurity Amendment Act 1997 (1997 No 89).
Subsection (2) was amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Welfare Act 1999”
for the words “Animals Protection Act 1960”
.
Subsection (2)(a) was amended, as from 8 July 2003, by section 4(1) Biosecurity Amendment Act 2003 (2003 No 38) by substituting the expression “(1), (5), and (6)”
for the expression “(1) and (5)”
.
Subsection (5) was amended, as from 8 July 2003, by section 4(2) Biosecurity Amendment Act 2003 (2003 No 38) by inserting the words “prevent or inhibit”
after the words “do not apply to”
.
Subsection (6) was inserted, as from 8 July 2003, by section 4(3) Biosecurity Amendment Act 2003 (2003 No 38).
(1) Where any action taken in accordance with any provision in Part 6 of this Act in an attempt to eradicate any organism would be in breach of the provisions of Part 3 of the Resource Management Act 1991, the responsible Minister may exempt the actions taken in relation to that organism from the provisions of Part 3 of the Resource Management Act 1991 for up to 20 working days if that Minister is satisfied that it is likely that—
(a) The organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and
(b) The organism has the potential to cause all or any of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand or if it becomes established throughout New Zealand; and
(c) It is in the public interest that action be taken immediately in an attempt to eradicate the organism.
(2) Before making a decision under subsection (1), the responsible Minister must consult the relevant consent authority (to the extent that is possible in the circumstances), and may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.
(3) After making a decision under subsection (1), the responsible Minister must give public notice of the Minister's decision in such a manner as the Minister thinks fit.
(4) The public notice must specify—
(a) The organism to be eradicated; and
(b) The principal actions that may be taken in the attempt to eradicate the organism; and
(c) The areas affected by the action.
(5) A failure to comply with the provisions of subsections (2) and (3) does not affect the validity of any exemption given under this section.
(6) Where any action has been exempted from Part 3 of the Resource Management Act 1991 under subsection (1) and the responsible Minister considers that it is necessary to continue action beyond the duration of the exemption to attempt to eradicate the organism, that Minister may recommend that regulations be made continuing the exemption and the Governor-General may from time to time, by Order in Council, make regulations for that purpose.
(7) Regulations made under this section come into force on the date of notification in the Gazette, or at the time specified in the regulations, whichever is the later, and continue in force until revoked or until a date not later than the day 2 years after the regulations came into force when the regulations expire and are deemed to have been revoked.
(8) Where an exemption is granted under subsection (1) or by regulations made under subsection (6), the provisions of Part 3 of the Resource Management Act 1991 do not apply to the actions taken to eradicate the organism while the exemption is in force.
(9) Where an exemption from the provisions of the Resource Management Act 1991 has been granted under subsection (1) or by regulations made under subsection (6) and that exemption has ended (either by the expiry of the exemption under subsection (1) or by the revocation of the regulations, as the case may be), the provisions of the Resource Management Act 1991 then apply and the responsible Minister must remedy or mitigate the adverse effects of any actions taken under Part 6 and to which the provisions of the Resource Management Act 1991, but for the exemption under this section, would otherwise have applied.
(10) For the purposes of this section, consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991.
Section 7A was inserted, as from 26 November 1997, by section 4 Biosecurity Amendment Act 1997 (1997 No 89).
(1) In addition to being responsible for the administration of this Act, the responsible Minister has responsibility for—
(a) Providing for the co-ordinated implementation of this Act:
(b) Recording and co-ordinating reports of suspected new organisms:
(c) Managing appropriate responses to such reports.
(1) The responsible Minister has power to—
(a) Perform the functions in section 7A:
(b) Perform the functions specified in section 10 in relation to those national pest management strategies,—
(i) Where the responsible Minister has prepared a proposal under section 56; or
(ii) Where some other person has requested the responsible Minister to notify a proposal:
(c) Recommend to the Governor-General the making of Orders in Council under section 45(3):
(d) Recommend to the Governor-General under section 137(1) the making of Orders in Council imposing levies, and perform other functions in relation to levies:
(e) Recommend to the Governor-General under section 165 the making of regulations.
(2) The responsible Minister must not delegate to any person the exercise of any of the powers specified in subsection (1)(a), (c), (d), and (e).
Section 9 was substituted, as from 26 November 1997, by section 5 Biosecurity Amendment Act 1997 (1997 No 89).
(1) Any Minister who prepares a proposal for a national pest management strategy under section 56, or who has been requested to notify a proposal for a national pest management strategy, has the function of—
(a) Publicly notifying the proposed strategy under section 62(1):
(b) Deciding under section 63 whether to appoint a board of inquiry to inquire into and report on the proposed strategy:
(c) Where this Act requires the appointment of a board of inquiry to inquire into and report on the proposed strategy,—
(i) Appointing the board under section 63(1):
(ii) Causing under section 67(3) copies of the report, and all recommendations (if any) on the proposed strategy, made to the Minister by the board under section 67(2), to be sent to every person who made a submission to the board, and every other person or body the Minister thinks appropriate, and to be published:
(iii) Causing public notice to be given under section 67(3) of where and how persons can obtain copies of the report and recommendations:
(iv) Considering under section 69(1)(a)(i) the report made by the board under section 67(2) on the proposed strategy:
(d) Considering whether or not to recommend to the Governor-General under section 68, the making of an Order making the strategy concerned, and if so, doing so:
(e) If an Order under 68 has been made that makes the proposed strategy,—
(i) Laying a copy before the House of Representatives under section 70; and
(ii) Appointing a management agency in respect of the strategy under section 84(4); and
(iii) Disallowing under section 85(4) the operational plan or any part of that plan; and
(iv) Reviewing the strategy in accordance with this Act; and
(v) Under this Act, amending or revoking the strategy:
(f) Recommending under section 90 the making of Orders in Council imposing levies payable to the management agency that is responsible for implementing the strategy and performing other functions in relation to levies.
(2) No Minister may delegate to any person the performance of any of the functions specified in subsection (1)(c)(i), (d), (e), and (f).
Section 10 was substituted, as from 26 November 1997, by section 6 Biosecurity Amendment Act 1997 (1997 No 89).
(1) Any Minister has power to—
(a) Direct the forfeiture of organisms and organic material under section 134(3):
(c) Take action under section 145 in relation to biosecurity emergencies:
(d) Recommend to the Governor-General under section 150(1) the making of biosecurity emergency regulations, and where such regulations are made, the Minister has the duty of laying them before the House of Representatives under section 150(5):
(e) Declare a provisional control programme under section 152(1):
(f) Extend under subsection (3) of section 152 a provisional control programme.
(2) A Minister must not delegate to any person the exercise of the powers specified in subsection (1)(b), (d), (e), and (f).
Section 11 was substituted, as from 26 November 1997, by section 7 Biosecurity Amendment Act 1997 (1997 No 89).
Subsection (2) was amended, as from 7 May 1999, by section 2 Biosecurity Amendment Act 1999 (1999 No 29) by substituting the expression “subsection (1)(b), (d), (e), and (f)”
for the expression “subsection (1)(b), (d), (e), and (g)”
.
(1) The responsible Minister may ask any regional council or management agency to give the responsible Minister, in a form the responsible Minister specifies, any information relating to the exercise or performance of any of its functions, powers, or duties under this Act or under any pest management strategy—
(a) In the possession of the council or agency; or
(b) Capable of being obtained by the council or agency without unreasonable difficulty or expense,—
that the responsible Minister reasonably requires.
(2) A regional council or management agency shall give the responsible Minister any information the responsible Minister has asked for under subsection (1) of this section as soon as is reasonably practicable after being asked to do so.
(1) Every regional council has, in relation to its region, power to—
(a) Cause to be carried out, for the purposes of Part 5,—
(i) Monitoring to determine whether or not there are present; and
(ii) Surveillance of—
pests, pest agents, and unwanted organisms:
(b) Provide, in accordance with relevant pest management strategies, for the assessment and management or eradication of pests:
(c) Prepare proposals for, notify, make, and implement pest management strategies:
(d) If a regional pest management strategy notified by the council has been made under this Act,—
(i) Appoint a management agency in respect of the strategy under section 84(4):
(ii) Disallow the operational plan or any part of that plan under section 85(4):
(iii) Review, amend, or revoke a strategy in accordance with this Act:
(e) Declare and implement a small-scale management programme under section 100:
(f) Where the council has, under section 100, agreed or arranged that steps to bring an organism under control should be taken by some person or persons other than the council, to meet (in part or in whole) the costs to that person or those persons of the taking of those steps:
(g) Gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
(h) Take any action contemplated by or necessary for giving effect to any provision of this Act.
(2) Subject to sections 97 and 97A, every regional council has all the powers of a territorial authority under section 14; and every reference in that section to a territorial authority (or territorial authorities) must be read as including a reference to a regional council (or regional councils).
Subsection (1)(e) of the original section 13 was repealed, as from 1 July 1994, by section 2(1) Biosecurity Amendment Act 1994 (1994 No 24).
Subsection (1)(ff) of the original section 13 was inserted, as from 1 July 1994, by section 2(2) Biosecurity Amendment Act 1994 (1994 No 24).
Subsection (2) of the original section 13 was inserted, as from 1 July 1994, by section 2(3) Biosecurity Amendment Act 1994 (1994 No 24).
Section 13(e) was repealed, as from 1 July 1994, by section 2(1) Biosecurity Amendment Act 1994 (1994 No 24).
Section 13 was substituted, as from 26 November 1997, by section 8 Biosecurity Amendment Act 1997 (1997 No 89).
Every territorial authority has power to—
(a) Take any action any natural person could take under Part 5 of this Act:
(b) Act as a management agency under a pest management strategy:
(c) Take any action provided for or required by any pest management strategy:
(d) If, and only if,—
(i) A pest management strategy provides for certain actions to be taken; but does not expressly provide for them to be taken by territorial authorities, territorial authorities of a class or description to which the authority belongs, or the authority; and
(ii) The management agency for the strategy agrees with the authority that the authority will take those actions and the agency will meet the authority's costs in doing so,—
to take those actions:
(da) To the extent only that any national pest management strategy provides for—
(i) Territorial authorities; or
(ii) Territorial authorities of a class or description to which the authority belongs; or
(iii) The authority,—
to make contributions towards the costs of the implementation of that strategy, to make such contributions (from the authority's general funds or from any fund dedicated for the purpose):
(db) to set and assess rates under the Local Government (Rating) Act 2002 for the purpose of making any contributions that the authority is empowered by paragraph (da) to make:
(e) Gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
(f) Perform or exercise any function, power, or duty whose performance or exercise is for the time being transferred to it under section 15 of this Act:
(g) Perform or exercise any other function, power, or duty conferred on it by this Act.
Paragraph (d) was substituted, and paras (da) and (db) were inserted, as from 1 July 1994, by section 3 Biosecurity Amendment Act 1994 (1994 No 24).
Paragraph (db) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act as to the savings provision.
(1) Subject to subsections (2) and (3) of this section, a local authority that has an operation under this Act (in this section referred to as the transferor) may transfer the performance of the operation to another local authority (in this section referred to as the transferee), if—
(a) it has used the special consultative procedure specified in section 83 of the Local Government Act 2002; and
(b) In the case of an operation under or relating to a national pest management strategy, before using that procedure it has served notice on the Minister of its intention to do so; and
(c) In the case of an operation under or relating to a regional pest management strategy,—
(i) It is a regional council, and no other regional council is involved in the plan; or
(ii) Before using that procedure it has served notice on every regional council involved in the plan (other than itself, if it is a regional council) of its intention to do so; and
(d) It agrees with the transferee that the transfer is desirable on the grounds of—
(i) Efficiency; and
(ii) Technical or special capability or expertise on the part of the transferee,—
by (and subject to any terms and conditions contained in) a written agreement with the transferee.
(2) The transferor shall not transfer—
(a) The performance of the function of notifying or making any regional pest management strategy under Part 5 of this Act; or
(b) The exercise of the power of transfer conferred by subsection (1) of this section.
(3) The agreement shall contain provisions dealing with the revocation and relinquishment of the transfer; and
(a) The transferor may change or revoke the transfer; and
(b) The transferee may relinquish the transfer,—
accordingly.
(4) While the operation remains transferred to the transferee,—
(a) The transferee's functions, powers, and duties shall be deemed to be extended to the extent necessary to enable it to undertake the operation; but
(b) The transferor shall continue to be responsible for the operation.
(5) In this section—
Operation means a function, power, or duty
Perform includes exercise.
Subsection (1) was amended, as from 26 November 1997, by section 9 Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “transfer the operation to the transferee”
.
Subsection (1)(a) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Subsection (2)(a) was amended, as from 26 November 1997, by section 9 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “notifying or making”
for the words “proposing or approving”
.
The purpose of this Part of this Act is to provide for the effective management of risks associated with the importation of risk goods.
Section 16 was amended, as from 26 November 1997, by section 10 Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “or introduction”
.
(1) The person in charge of any craft proceeding to New Zealand territory from outside New Zealand territory shall, unless there are reasonable grounds for not doing so,—
(a) Give the Director-General notice of when and where, approximately, the craft will enter New Zealand territory, and—
(i) The designated port of entry where it is intended that the craft will first arrive in New Zealand; or
(ii) If it is impossible or impracticable to proceed to any designated port of entry, the destination where it is intended that the craft will first arrive in New Zealand; and
(b) Proceed directly to, and arrive in New Zealand at, that port or destination.
(2) Where—
(a) Any person in charge of any craft has given the Director-General notice under subsection (1) of this section or this subsection; and
(b) The craft has not arrived in New Zealand since the notice was given; and
(c) The person learns that it is impossible or impracticable to proceed to the designated port of entry or destination notified,—
the person shall, unless there are reasonable grounds for not doing so,—
(d) Give the Director-General notice of where, approximately, the craft is, and—
(i) Notice of a designated port of entry where it is now intended that the craft will first arrive in New Zealand, if it is possible and practicable to proceed to such a port; or
(ii) Notice of the destination where it is now intended that the craft will first arrive in New Zealand, if it is impossible or impracticable to proceed to any designated port of entry; and
(e) Proceed directly to, and arrive in New Zealand at, that port or destination.
(3) For the purposes of this section, designated port of entry means—
(a) A port of entry approved under this Act as a place of first arrival—
(i) For all craft; or
(ii) For craft of the kind and description of the craft and, where applicable, arriving for the purposes of the craft; or
(b) A port approved under section 37A for the arrival of the craft.
Subsection (3) was inserted, as from 26 November 1997, by section 11 Biosecurity Amendment Act 1997 (1997 No 89).
(1) The person in charge of any craft that arrives at a place in New Zealand—
(a) Shall, if—
(i) The person has not notified the Director-General under section 17 of this Act; or
(ii) The place is not the port or destination notified (or, as the case may be, last notified) under section 17 of this Act,—
give the Director-General notice of where and (approximately) when the craft arrived; and
(b) Shall prevent risk goods from leaving the craft without the permission of an inspector.
(2) The person in charge of any such craft shall, if so required by an inspector, pay a bond for such amount not exceeding $10,000 as the inspector may require to secure due compliance with subsection (1)(b) of this section.
Compare: 1967 No 50 s 18
(1) This section applies to a craft, and place in New Zealand, if—
(a) The craft arrives in New Zealand there; or
(b) The craft is carrying risk goods that it was carrying when it arrived in New Zealand at some other place.
(2) Where this section applies to a craft and place, the person in charge of the craft shall—
(a) Obey every reasonable direction given by an inspector as to—
(i) The movement of the craft in the place; or
(ii) The unloading or discharge of risk goods or the disembarkation of crew or passengers from the craft; or
(iii) Measures (including any bond required under section 18(2) of this Act) to ensure that any risk goods not intended to be unloaded or discharged from the craft are maintained in a secure place under the control of that person; and
(b) Within the required time or times, deliver to an inspector a report, in such manner and form, and containing such particulars verified by declaration, and with such supporting documents, as may be required; and
(c) Answer all questions relating to the craft or its cargo, crew, passengers, stores, or voyage, asked by an inspector;—
and every person disembarking from the craft shall, on request by an inspector, make his or her baggage available for inspection by the inspector.
This heading was substituted for the heading Import Health Permits, as from 26 November 1997, by section 12(a) Biosecurity Amendment Act 1997 (1997 No 89).
(1) The Director-General may, following the recommendation of a chief technical officer, issue an import health standard specifying the requirements to be met for the effective management of risks associated with the importation of risk goods before those goods may be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance; and may, in a like manner, amend or revoke any import health standard so issued.
(2) If an import health standard requires a permit to be obtained from the Director-General before the goods can be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance, the Director-General may, if he or she thinks fit, issue the permit.
(3) Nothing in this Act obliges the Director-General to have an import health standard in force for goods of any kind or description if, in the Director-General's opinion, the requirements that could be imposed on the importation of those goods would not be sufficient to enable the purpose of this Part to be met if the importation of those goods were permitted.
(4) An import health standard issued under this section may apply to goods of a certain kind or description imported from—
(a) A country or countries specified in the import health standard; or
(b) Countries of a kind or description specified in the import health standard; or
(c) All countries; or
(d) A location or locations specified in the import health standard.
(5) When making a recommendation to the Director-General in accordance with this section, the chief technical officer must have regard to the following matters:
(a) The likelihood that goods of the kind or description to be specified in the import health standard may bring organisms into New Zealand:
(b) The nature and possible effect on people, the New Zealand environment, and the New Zealand economy of any organisms that goods of the kind or description specified in the import health standard may bring into New Zealand:
(c) New Zealand's international obligations:
(d) Such other matters as the chief technical officer considers relevant to the purpose of this Part.
(6) Before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard.
(7) The consultation may be on the import health standard or on a document that analyses or assesses the risks associated with the goods or class of goods to which the goods belong.
(8) Before making a recommendation to the Director-General in accordance with this section the chief technical officer must give notice of the intention to make the recommendation to the chief executive of every department of State whose responsibilities for natural resources or human health may be adversely affected by the issue, amendment, or revocation of the relevant standard.
(9) The Director-General must maintain a register of the import health standards (as amended from time to time) issued under this section.
(10) The register must be available for public information and inspection at the office of the Director-General during normal office hours.
Section 22 was substituted, as from 26 November 1997, by section 13 Biosecurity Amendment Act 1997 (1997 No 89).
(1) No person may cause or permit any uncleared goods imported on any craft to leave that craft, except to proceed to a transitional facility or a biosecurity control area.
(2) No person may cause or permit any uncleared goods that are in a transitional facility or biosecurity control area to leave that facility or area, except—
(a) To proceed, in accordance with the authority of an inspector, to another transitional facility, containment facility, or biosecurity control area; or
(b) In accordance with the authority of an inspector, to be exported from New Zealand.
(3) Authority to move uncleared goods given by an inspector in accordance with this section, may be given subject to conditions.
Section 25 was substituted, as from 26 November 1997, by section 14 Biosecurity Amendment Act 1997 (1997 No 89).
An inspector shall not give a biosecurity clearance for any goods unless satisfied that the goods are not risk goods; or satisfied—
(a) That the goods comply with the requirements specified in an import health standard in force for the goods (or goods of the kind or description to which the goods belong); and
(b) That there are no discrepancies in the documentation accompanying the goods (or between that documentation and those goods) that suggest that it may be unwise to rely on that documentation; and
(c) In the case of an organism, that the goods display no symptoms that may be a consequence of harbouring unwanted organisms; and
(d) That the goods display no signs of harbouring organisms that may be unwanted organisms; and
(e) There has been no recent change in circumstances, or in the state of knowledge, that makes it unwise to issue a clearance.
Paragraph (a) was substituted, as from 26 November 1997, by section 15 Biosecurity Amendment Act 1997 (1997 No 89). See section 115 of that Act as to the transition of import health permits.
(1) An inspector must not give a biosecurity clearance for goods that are or contain an organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996 or for a new organism.
(2) Where any new organism is an organism for which—
(a) The Authority has given approval for importation into containment in accordance with sections 42 or 45 of the Hazardous Substances and New Organisms Act 1996: and
(b) There is in existence a containment facility approved as meeting the standard set by the Authority; and
(c) The organism is able to go to that facility,—
any inspector may authorise that organism to go to that containment facility.
Section 28 was substituted, and section 28A was inserted, as from 29 July 1998, with application to new organisms, by section 130 Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
(1) Any inspector may seize any organism which the inspector has reason to believe may be a new organism.
(2) The provisions of sections 116 and 117 apply to any organism seized under subsection (1) as if that organism were unauthorised goods.
(3) A chief technical officer may permit an organism seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply to the Authority for a determination under section 26 of the Hazardous Substances and New Organisms Act 1996 that the organism is, or is not, a new organism.
(4) Where an organism is held in accordance with this section, the estimated costs and expenses of the custody and maintenance of the organism must be paid in advance to the Director-General by the importer.
(5) When the Director-General's custody of an organism ceases, the Director-General must calculate the actual and reasonable costs and expenses of holding the organism and, if those actual and reasonable costs—
(a) Exceed the amount paid in accordance with subsection (4), the balance of the costs and expenses are recoverable as a debt due to the Crown from the importer:
(b) Are less than the amount paid in accordance with subsection (4), the overpayment must be refunded to the importer.
(6) Where any organism held under subsection (3) is declared to be a new organism, the chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, or any other dealing with, that organism, but must not give a biosecurity clearance for that organism.
Section 28 was substituted, and section 28A was inserted, as from 29 July 1998, with application to new organisms, by section 130 Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Section 28 does not apply to—
(a) a new organism that is subject to a conditional release approval granted under section 38C of the Hazardous Substances and New Organisms Act 1996; or
(b) a qualifying organism approved for importation for release with controls under section 38I of that Act.
Section 28B was inserted, as from 30 October 2003, by section 3 Biosecurity Amendment Act (No 2) 2003 (2003 No 57).
(1) No person may cause or permit any restricted organism that is in a transitional facility, a biosecurity control area, or a containment facility to leave that facility or area, except—
(a) To proceed, in accordance with the authority of an inspector, to a transitional facility, a biosecurity control area, or a containment facility; or
(b) In accordance with the authority of an inspector, to be exported from New Zealand.
(2) Authority to move a restricted organism given by an inspector in accordance with this section may be given subject to conditions.
Section 29 was substituted, as from 26 November 1997, by section 16 Biosecurity Amendment Act 1997 (1997 No 89).
(1) An inspector may require people arriving in New Zealand—
(a) To make declarations in a specified manner as to whether they have any specified goods in their possession as part of their personal effects or baggage; and
(b) To surrender to an inspector control of any uncleared imported risk goods to enable them to be disposed of in accordance with this Act.
(2) Every person arriving in New Zealand shall permit any inspector to inspect and examine any specified goods in his or her possession as part of his or her personal effects or baggage, and afford to the inspector all reasonable facilities and assistance in carrying out the inspection and examination.
Compare: 1967 No 50 s 22
(1) Where any imported goods other than goods inspected, examined, or surrendered in accordance with section 30 or section 35, are in a transitional facility or biosecurity control area, an inspector may, for the purpose of determining whether the goods are, or contain, risk goods,—
(a) Open any bag, box, parcel, container, or other thing containing the goods:
(b) Inspect the goods.
(2) Where any goods in a transitional facility or biosecurity control area are, or contain, risk goods or unauthorised goods, section 116 applies to those goods as if the goods were unauthorised goods seized in accordance with that section.
(3) For the purposes of this section an inspector may, at any reasonable time or times, enter any transitional facility or biosecurity control area and the provisions of section 112 apply.
Section 30A(2): amended, on 20 September 2007, by section 4 of the Biosecurity Amendment Act 2007 (2007 No 41).
Section 30A was inserted, as from 26 November 1997, by section 17 Biosecurity Amendment Act 1997 (1997 No 89).
Subsections (1) to (3) were amended, as from 8 July 2003, by section 5 Biosecurity Amendment Act 2003 (2003 No 38) by inserting the words “or biosecurity control area”
after the words “transitional facility”
.
(1) Subject to subsection (2) of this section, an inspector may, for the purpose of ascertaining the presence of risk goods, require the person in charge of—
(a) Any craft, used for the transportation of people or goods, or both, by air, that is within New Zealand territory; or
(b) Any craft, used for the transportation of people or goods, or both, by sea, that is within the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand—
to—
(c) Bring the craft to for boarding on being so directed by an inspector; and
(d) By all reasonable means, facilitate the boarding of the craft by an inspector.
(2) A craft carrying an inspector who gives a direction under this section must be clearly identifiable as being a craft in the service of the Crown.
Subsection (1) was substituted, as from 1 August 1996, by section 2 Biosecurity Amendment Act (No 2) 1996 (1996 No 78).
(1) Subject to subsection (2) of this section, any person who has the power under any provision in this Act to enter any craft and who has reasonable grounds to suspect that a craft in New Zealand territory contains any unwanted organism may direct the master or other person in charge of the craft to—
(a) Move it to and stop it at any place within New Zealand territory; or
(b) Move it and keep it outside New Zealand territory; or
(c) Take any specified action on or in respect of the craft.
(2) Before exercising a power conferred by subsection (1) of this section, the person who proposes to exercise the power shall consult the chief executives of—
(a) The New Zealand Customs Service; and
(b) The Ministry of Agriculture and Forestry.
Subsection (2)(a) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “New Zealand Customs Service”
for the words “Customs Department”
.
(1) Where there are any risk goods on board a craft that has entered New Zealand territory from outside New Zealand territory, an inspector may direct the master or other person in charge of the craft to take (as the master or person thinks fit) 1 of the following steps:
(a) Deal with the goods in a manner specified by the inspector while the craft is in New Zealand territory; or
(b) Move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or
(c) Destroy the goods in a place and manner approved by the inspector for the purpose.
(2) Subject to subsection (3) of this section, where the master or person in charge of a craft fails or refuses to comply with a direction under subsection (1) of this section, any inspector may—
(a) Direct the master or other person in charge of the craft to move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or
(b) Seize and destroy the risk goods concerned.
(3) Where—
(a) An inspector gives a direction under subsection (1) of this section in respect of goods of a particular kind or description on board a craft of a particular kind or description; and
(b) There are for the time being in force under this Act regulations prescribing the manner in which risk goods of that kind or description should be dealt with while on board a craft of that kind or description,—
compliance with those regulations shall be deemed to be a sufficient compliance with the direction.
(4) Nothing in this section limits or affects the generality of section 32 of this Act.
(1) For the purpose of ascertaining the presence of or controlling any risk goods, a person on board a craft that has arrived in New Zealand shall obey every reasonable direction given to the person concerning disembarkation—
(a) By an inspector; or
(b) On the direction of an inspector, by the person in charge of the craft or a crew member of the craft.
(2) Unless otherwise directed by an inspector, every person arriving in New Zealand shall—
(a) Go directly to a biosecurity control area; and
(b) Remain there for such reasonable time as an inspector may require to ascertain the presence of any risk goods.
(3) This subsection applies to a person and a biosecurity control area if the person is required by subsection (2) of this section to go directly to the biosecurity control area and remain there for such reasonable time as an inspector may require to ascertain the presence of any risk goods.
(4) An inspector, and any person the inspector calls to the inspector's assistance, may use such force as is reasonably necessary to—
(a) Compel to go to the biosecurity control area concerned a person to whom subsection (3) of this section applies who has been directed by the inspector to go directly there; but—
(i) Has failed or refused to do so within a reasonable time of being so directed; or
(ii) Has attempted to go instead to some other place; or
(b) Detain in the biosecurity control area concerned a person to whom subsection (3) of this section applies who—
(i) Has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but
(ii) Has attempted to leave the biosecurity control area in contravention of the requirement; or
(c) Stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) of this section applies who has gone to the biosecurity control area, and—
(i) Has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but
(ii) Has left the biosecurity control area in contravention of the requirement; or
(d) Stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) of this section applies who has gone to the biosecurity control area, but left before the inspector has—
(i) Required the person to remain there; or
(ii) Had a reasonable time to ascertain the presence of any risk goods.
(5) Every person who has disembarked from a craft that has arrived in New Zealand, whether or not the person boarded the craft in New Zealand, shall make his or her accompanying baggage available for inspection by an inspector.
Compare: 1967 No 50 s 22
Every person who is at any time in a biosecurity control area shall, for the purposes of this Part of this Act,—
(a) Obey any reasonable direction of an inspector in relation to risk goods; and
(b) Answer all questions asked by an inspector that are necessary for the inspector to ascertain the presence, nature, origin, or itinerary of any risk goods; and
(c) Make available for examination by an inspector any goods in his or her possession or under his or her immediate control so that the inspector may ascertain the presence of risk goods.
Compare: 1967 No 50 s 22
Any person who moves or wants to move risk goods within a biosecurity control area shall comply with all reasonable directions given to that person by an inspector concerning the movement of those goods.
Section 36 was amended, as from 26 November 1997, by section 18 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “biosecurity control”
for the word “controlled”
.
(1) The Director-General may, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.
(2) An approval given under subsection (1) may limit the arrival of craft to arrivals for the purposes specified in the approval.
(3) The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1), have regard to—
(a) The alternative arrangements, facilities, and systems that are or could be made available; and
(b) The cost to the port operator of each alternative arrangement, facility, and system; and
(c) The extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.
(4) All arrangements, facilities (other than office or parking facilities), and systems required in accordance with subsection (1) are available for use by the Crown at no expense to the Crown.
(5) The Director-General must,—
(a) Within 28 days after approving a port in accordance with subsection (1), publish in the Gazette a notice specifying the name of the port, the day on which it was so approved, any limitation on the kind or description of craft for which the port was approved, any limitation on arrivals to specified purposes, and a place where the notice of approval may be inspected; and
(b) At all reasonable times make the written notice available for inspection at the place specified in the Gazette notice.
(6) The Director-General must be satisfied of the matters referred to in subsection (1), whether or not all of the arrangements, facilities, and systems are under the control of the operator of the port concerned.
(7) Before taking any action under this section, the Director-General must consult in accordance with section 37D.
(8) Where approval is declined under this section, the Director-General must give reasons for his or her decision.
(9) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.
Subsection (7)(a) of the original section 37 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “New Zealand Customs Service”
for the words “Customs Department”
.
Section 37 was substituted, and sections 37A to 37D were inserted, as from 26 November 1997, by section 19 Biosecurity Amendment Act 1997 (1997 No 89). See section 116 of that Act as to the transition of approval of ports.
(1) The Director-General may approve the arrival of a craft at a port that is not approved under section 37 as a place of first arrival for any craft, for craft of the kind or description of that craft, or for craft arriving for the purpose of that craft, if—
(a) A person has requested approval for that craft to arrive in New Zealand at that port; and
(b) The Director-General is satisfied that the risks associated with the importation of risk goods can be managed by imposing conditions on the arrival of the craft at that port.
(2) The approval of the Director-General may be given subject to those conditions that the Director-General considers will manage the risks associated with the importation of risk goods.
(3) Before taking action under this section, the Director-General must consult in accordance with section 37D.
Section 37 was substituted, and sections 37A to 37D were inserted, as from 26 November 1997, by section 19 Biosecurity Amendment Act 1997 (1997 No 89). See section 116 of that Act as to the transition of approval of ports.
(1) If the Director-General is no longer satisfied that the provisions of section 37(1) are being met for a port, the Director-General may,—
(a) By written notice to its operator, suspend the port's approval under section 37(1) for a specified period or until a specified action is taken; or
(b) By written notice in the Gazette, revoke the port's approval under section 37(1); or
(c) By written notice in the Gazette and written notice to the port's operator, vary the port's approval under section 37(1) by varying the kind or description of craft for which the port is approved as a place of first arrival, or by varying the purposes of arrival for which the port is approved as a place of first arrival.
(2) Before taking action under this section, the Director-General must consult in accordance with section 37D.
(3) In exercising a power under this section, the Director-General must observe the rules of natural justice.
(4) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.
Section 37 was substituted, and sections 37A to 37D were inserted, as from 26 November 1997, by section 19 Biosecurity Amendment Act 1997 (1997 No 89). See section 116 of that Act as to the transition of approval of ports.
(1) Nothing in section 37 authorises a port operator to require any user of a port—
(a) To use or patronise facilities under the operator's control; or
(b) To contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.
(2) No operator of a port may wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.
(3) No operator may wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked.
Section 37 was substituted, and sections 37A to 37D were inserted, as from 26 November 1997, by section 19 Biosecurity Amendment Act 1997 (1997 No 89). See section 116 of that Act as to the transition of approval of ports.
The Director-General must not take any action under sections 37, 37A, or 37B without consulting the chief executives of—
(a) The New Zealand Customs Service; and
(b) The Ministry of Health; and
(c) The New Zealand Police; and
(d) The Ministry of Transport; and
(e) Every other department of State whose operations may, in the Director-General's opinion, be affected by the action.
Section 37 was substituted, and sections 37A to 37D were inserted, as from 26 November 1997, by section 19 Biosecurity Amendment Act 1997 (1997 No 89). See section 116 of that Act as to the transition of approval of ports.
Every person who by way of commerce imports or causes to be imported any risk goods shall keep at that person's place of business, or at some other approved place in New Zealand, such records in respect of those goods, in such manner, and for such period of time, as may be prescribed.
(1) The Director-General may, after consulting with the persons that the Director-General considers to be representative of the classes of persons likely to have an interest in the proposed standard, approve standards for building, maintaining, or operating transitional facilities.
(2) Any person may apply in an approved form to the Director-General for the approval of any place as a transitional facility or a containment facility.
(2A) The Director-General must consider every application for approval of a place as a containment facility made under subsection (2) and,—
(a) If the application complies with the requirements of this Act; and
(b) If the place meets the relevant standards approved by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996,—
the Director-General may approve the place as a containment facility.
(3) The Director-General must consider every application for approval of a place as a transitional facility made under subsection (2) and—
(a) If the application complies with the requirements of this Act; and
(b) If the place meets the relevant standards approved under subsection (1),—
the Director-General may approve the place as a transitional facility for the purpose specified in the approval.
(4) A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.
(5) A transitional facility approval given in accordance with this section may specify the uncleared goods that may be held in the facility.
(6) A containment facility approval given in accordance with this section may specify the organisms that may be held in the facility.
(7) The Director-General may, by written notice to the operator of a transitional facility, or a containment facility, cancel an approval for a transitional facility, or a containment facility, or a part of an approval relating to one or more uses of a transitional facility, where—
(a) The facility no longer complies with the relevant standards; or
(b) The Director-General is satisfied that the facility is no longer used for the purpose or one or more of the purposes specified in the approval.
(8) In exercising a power under subsection (7), the Director-General must observe the rules of natural justice.
(9) The Director-General may, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities.
Section 39 was substituted, as from 26 November 1997, by section 20 Biosecurity Amendment Act 1997 (1997 No 89). See section 117 of that Act as to the transition for transitional facilities.
Subsection (1) was amended, as from 29 July 1998, with application to new organisms, by section 131(1)(a) Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “or for building, maintaining, or operating containment facilities”
. See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Subsection (2A) was inserted, as from 29 July 1998, with application to new organisms, by section 131(2) Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “or for building, maintaining, or operating containment facilities”
. See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Subsection (3) was amended, as from 29 July 1998, with application to new organisms, by section 131(1)(b) and (c) Biosecurity Amendment Act 1997 (1997 No 89) by inserting the words “for approval of a place as a transitional facility”
, and by omitting the words “or as a containment facility, as the case may be”
. See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
(1) Any person may apply, in an approved form, to the Director-General for approval as the operator of a specified transitional facility or specified containment facility.
(2) Every application must be accompanied by such further information as the Director-General may require.
(3) The Director-General must consider every application made under subsection (1) and, if satisfied—
(a) That the applicant is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and
(b) The applicant is able to comply with the operating standards for that facility,—
may approve the applicant as the operator of that facility.
(4) The Director-General may, by written notice to a person, cancel that person's approval to operate a specified transitional facility or a specified containment facility where—
(a) The person is no longer operating the facility in compliance with the operating standards for the facility; or
(b) The person has ceased to act as operator of the facility; or
(c) The person is no longer a fit and proper person to operate the facility.
(5) In exercising a power under subsection (4), the Director-General must observe the rules of natural justice.
(6) No person may operate or purport to operate a transitional facility or a containment facility unless the person is approved as an operator of that facility.
Section 40 was substituted, as from 26 November 1997, by section 21 Biosecurity Amendment Act 1997 (1997 No 89). See section 118 of that Act as to the transition of facility operators.
(1) The Director-General may by notice in the Gazette designate any place to be a quarantine area, and may at any time revoke or vary such a designation.
(2) An inspector may, by the display of a clearly visible notice within a biosecurity control area, designate any place within that biosecurity control area to be a quarantine area.
(3) A designation under subsection (2) of this section shall ordinarily expire after 48 hours, or when sooner revoked; but it may be extended once by an inspector for a further period of not more than 48 hours.
(4) Every quarantine area shall be under the direct control of an inspector.
(5) No person shall, knowing that an area is a quarantine area, enter, leave, or use the area for any purpose, without the permission of the inspector who has control of the area.
The purpose of this Part of this Act is to provide for the continuous monitoring of New Zealand's status in regard to pests and unwanted organisms—
(a) To facilitate the provision of assurances and certificates in relation to exports of organisms and their products; and
(b) As a basis for the proper administration of this Act, including the institution of precautionary actions, emergency and exigency arrangements, and pest management strategies; and
(c) To monitor the effect of pest management strategies; and
(d) Otherwise to enable any of New Zealand's international reporting obligations and trading requirements to be met.
(1) For the purposes of this Part of this Act, an inspector or authorised person may require any person referred to in subsection (2) of this section—
(a) To provide any information held by the person concerning pests, pest agents, unwanted organisms, or risk goods that the inspector or authorised person believes on reasonable grounds is necessary to ascertain the presence or distribution in New Zealand of pests, pest agents, or unwanted organisms (or pests or unwanted organisms of a particular kind or description); and
(b) To provide such assistance as the inspector or authorised person reasonably requests to enable or facilitate the acquisition, collection, and recording of any such information ascertained.
(2) The persons referred to for the purposes of subsection (1) of this section are—
(a) Every person who owns, manages, or otherwise controls the means by which and the sources from which information required under subsection (1) of this section may be generated; and
(b) Every person who owns, manages, or otherwise controls any organism, organic material, or risk goods that may be monitored for the purposes of this Part of this Act.
Compare: 1969 No 53 s 6
Subsection (1)(a) was amended, as from 26 November 1997, by section 22 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “To provide any information held by the person concerning pests, pest agents, or unwanted organisms”
for the words “To provide any information concerning pests, pest agents, or unwanted organisms held by the person”
.
Subsection (1)(a) was amended, as from 1 January 2005, by section 3(1) Biosecurity Amendment Act 2004 (2004 No 106) by substituting the words “unwanted organisms, or risk goods”
for the words “or unwanted organisms”
where they first occur.
Subsection (2)(b) was amended, as from 1 January 2005, by section 3(2) Biosecurity Amendment Act 2004 (2004 No 106) by substituting the words “, organic material, or risk goods”
for the words “or organic material”
.
(1) Every person is under a duty to inform the Ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand.
(2) The duty to inform does not apply in relation to an organism that is seen or otherwise detected in a place where it may lawfully be present in accordance with an approval given under the Hazardous Substances and New Organisms Act 1996.
The original section 44 was repealed, as from 26 November 1997, by section 23 Biosecurity Amendment Act 1997 (1997 No 89).
A new section 44 was inserted, as from 8 July 2003, by section 6 Biosecurity Amendment Act 2003 (2003 No 38).
(1) [Repealed]
(2) The Governor-General may, by Order in Council, declare any organism to be a notifiable organism.
(3) The Governor-General may, by Order in Council, made on the recommendation of the responsible Minister, declare any pest to which a regional pest management strategy relates to be an organism notifiable within the region, or within any specified part of the region, of the regional council or regional councils concerned.
(4) The responsible Minister shall not recommend the making of an order under subsection (3) of this section, unless—
(a) The regional council or regional councils concerned have asked the Minister to do so; and
(b) The Minister is satisfied that it is in the public interest to do so.
(5) The responsible Minister must not recommend the making of an order under subsection (2) in respect of any organism which has been approved for release in New Zealand by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996 unless that Minister has first consulted with the Authority.
Subsection (1) was repealed, as from 26 November 1997, by section 35(2)(b) Biosecurity Amendment Act 1997 (1997 No 89).
Subsection (5) was inserted, as from 29 July 1998, with application to new organisms, by section 132 Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
(1) Every person who—
(a) At any time suspects the presence of an organism in any place in New Zealand; and
(b) Suspects that it is for the time being declared to be a notifiable organism under subsection (2) of section 45 of this Act; and
(c) Believes that it is not at the time established in that place; and
(d) Has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,—
shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time.
(2) Every person who—
(a) At any time suspects the presence of an organism in a place in the region, or in any part of the region, of a regional council; and
(b) Suspects that it is for the time being declared to be an organism notifiable within the region or part under subsection (3) of section 45 of this Act; and
(c) Believes that it is not at that time established in that place; and
(d) Has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,—
shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time.
Subsection (1) was amended, as from 26 November 1997, by section 35(2)(c) Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “subsection (1) or”
.
[Repealed]
Section 47 was repealed, as from 26 November 1997, by section 24 Biosecurity Amendment Act 1997 (1997 No 89).
(1) A chief technical officer may, by notice in writing, require the person in charge of premises used for investigating organisms or organic material, or any person employed in a professional or technical capacity in any area of biological science, to—
(a) Supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms; or
(b) Permit the chief technical officer, or a person authorised in writing by that officer, to have access to, inspect, and test or sample specimens of any organism or tissues or parts of an organism or organic material held by that person or on those premises.
(1A) A chief technical officer may, by notice in writing, require any person who has expertise or knowledge in an area of biological science to supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms.
(2) Except in relation to circumstances concerning which a regulation makes contrary provision, the reasonable expenses of a person who supplies information to a chief technical officer in response to a requirement under this section will be reimbursed out of money appropriated by Parliament for the purpose if those expenses would not have been incurred but for the requirement.
Subsection (1) was substituted, and subsection (1A) was inserted, as from 26 November 1997, by section 25 Biosecurity Amendment Act 1997 (1997 No 89).
Any information acquired by a chief technical officer under this Part of this Act may be published for the purpose of communicating the animal or plant health status of New Zealand, or the occurrence (in New Zealand or overseas) of pests or unwanted organisms.
(1) The Director-General may, from time to time, approve systems administered by specified persons for the purpose of enabling the identification of organisms and their products and associated premises.
(2) The Director-General may approve identification systems under this section for any of the following purposes:
(a) Facilitating pest management:
(b) Marking the presence or absence in organisms of particular qualities relating to the purposes of this Act:
(c) Meeting the certification requirements of overseas authorities in respect of New Zealand exports.
(3) When considering the approval of an identification system under this section, the Director-General shall ensure that the identifications to be used—
(a) Provide unique, clear, and lasting identification having regard to the purpose for which the identifications are needed; and
(b) Do not create confusion with any other generally used system of identification.
(4) Regulations made under this Act may require persons of any kind or description to use 1 of any 1 or more identification systems approved under this section and notified in the Gazette in accordance with subsection (5).
(5) The Director-General may, by notice in the Gazette, specify the identification systems that may be used to comply with regulations made under this Act; and must keep, and make publicly available, a register of all Gazette notices made under this section.
Subsection (1) was substituted, as from 26 November 1997, by section 26(1) Biosecurity Amendment Act 1997 (1997 No 89).
Subsection (4) was substituted, and subsection (5) was inserted, as from 26 November 1997, by section 26(2) Biosecurity Amendment Act 1997 (1997 No 89).
(1) No person shall remove, alter, or deface any approved identification that has been used in relation to an organism except with the written permission of an inspector or with reasonable excuse.
(2) No person shall knowingly use in relation to any organism—
(a) An identification forming part of an approved identification system that the person is not entitled to use in relation to that organism; or
(b) Any mark that is likely to be mistaken for or confused with an identification forming part of an approved identification system.
(3) No person required by regulations made under this Act to use 1 of any 1 or more identification systems notified in the Gazette shall fail to do so.
Subsection (3) was amended, as from 26 November 1997, by section 26(3) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “1 of any 1 or more identification systems notified in the Gazette”
for the words “an approved identification system”
.
No person shall knowingly communicate, cause to be communicated, release, or cause to be released, or otherwise spread any pest or unwanted organism except—
(a) In the course of and in accordance with a pest management strategy; or
(b) As provided in an emergency regulation made under section 150 of this Act; or
(c) For a scientific purpose carried out with the authority of the Minister.
(d) As permitted either generally or specifically by a chief technical officer.
Compare: 1967 No 50 s 38; 1967 No 147 s 111
Section 52 was amended, as from 26 November 1997, by section 27(1) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “unwanted”
for the word “notifiable”
.
Paragraph (d) was inserted, as from 26 November 1997, by section 27(2) Biosecurity Amendment Act 1997 (1997 No 89).
(1) Subject to subsection (2), the owner or person in charge of an organism which that person knows or suspects constitutes, contains, or harbours a pest or unwanted organism must not—
(a) Cause or permit that organism to be in a place where organisms are offered for sale or are exhibited; or
(b) Sell or offer that organism for sale; or
(c) Propagate, breed, or multiply the pest or unwanted organism or otherwise act in such a manner as is likely to encourage or cause the propagation, breeding, or multiplication of the pest or unwanted organism.
(2) A chief technical officer may permit an owner or person in charge of an organism to carry out an act otherwise prohibited by this section.
(3) Permission given under this section must be given either by notice in the Gazette or in writing to the owner or person in charge of an organism.
Compare: 1967 No 50 s 49; 1970 No 151 s 28; 1978 No 15 s 49
Subsection (1) was substituted, as from 26 November 1997, by section 28(1) Biosecurity Amendment Act 1997 (1997 No 89).
Subsection (2) was substituted, and subsection (3) was inserted, as from 26 November 1997, by section 28(2) Biosecurity Amendment Act 1997 (1997 No 89).
The purpose of this Part is to provide for the effective management or eradication of pests and unwanted organisms.
Section 54 was substituted, as from 26 November 1997, by section 29 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) The management or eradication of pests must be in accordance with pest management strategies made in accordance with this Part.
(2) Every pest management strategy or notice declaring a small-scale management programme must specify which of the powers in Part 6 may be exercised in the implementation of that strategy or programme and only those powers may be used to implement the strategy or programme.
(3) Where any provision in Part 6 confers a power on a management agency, that power may be exercised by a management agency only if it is acting in the implementation of a pest management strategy for which it is the management agency, and that strategy specifies the power as one which may be exercised to implement the strategy.
(4) An authorised person may exercise a power conferred on an authorised person by Part 6 to implement a pest management strategy or small-scale management programme only if the strategy or notice declaring the programme specifies the power as one which may be exercised to implement the strategy or programme and that authorised person was appointed for the purposes of that strategy or programme.
Section 55 was substituted, as from 26 November 1997, by section 30 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
A Minister or any person may prepare a proposal for a national pest management strategy.
Section 56 was substituted, as from 26 November 1997, by section 31 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) A Minister may notify, in accordance with section 62, a proposal for a national pest management strategy only if the Minister is of the opinion that—
(a) The benefits of having a pest management strategy or strategies in relation to each organism to which the strategy would apply outweigh the costs, after taking account of the likely consequences of inaction or alternative courses of action; and
(b) The net benefits of national intervention exceed the net benefits of regional intervention; and
(ba) Where funding proposals for the strategy require persons to meet directly the costs of implementing the strategy,—
(i) The benefits that will accrue to those persons as a group will outweigh the costs; or
(ii) Those persons contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and
(c) Each organism in respect of which the strategy is under consideration is capable of causing at some time a serious adverse and unintended effect in relation to New Zealand on one or more of the following:
(i) Economic wellbeing; or
(ii) The viability of threatened species of organisms, the survival and distribution of indigenous plants or animals, or the sustainability of natural and developed ecosystems, ecological processes, and biological diversity; or
(iii) Soil resources or water quality; or
(iv) Human health or enjoyment of the recreational value of the natural environment; or
(v) The relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga; and
(d) The implementation of the proposed strategy would not be contrary to New Zealand's international obligations.
(2) In addition to the requirements in subsection (1) of this section, a Minister may notify, in accordance with section 62, a proposal for a national pest management strategy only if the Minister is of the opinion that each organism in respect of which the strategy is under consideration—
(a) Is not known to be established in New Zealand, but if the organism were so established, it would have the potential to cause significant economic loss or environmental degradation, or both, and it could be eradicated or effectively managed; or
(b) Is of restricted distribution or abundance, or restricted distribution and abundance, in New Zealand, but the organism has the potential to cause significant economic loss or environmental degradation, or both, and it could be eradicated or effectively managed; or
(c) Is of widespread distribution in all or part of New Zealand and—
(i) Effective action in respect of the organism would be impracticable without a national strategy; and
(ii) The potential economic, social, or environmental damage or loss of not taking action on a national basis would be significant.
Subsection (1) (that part before paragraph (a)) was amended, as from 26 November 1997, by section 32(1)(a) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “A Minister may notify, in accordance with section 62, a proposal for”
for the words “A Minister shall propose”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(a) was amended, as from 26 November 1997, by section 32(1)(b) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “each organism to which the strategy would apply”
for the words “the organism concerned”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(ba) was inserted, as from 26 November 1997, by section 32(1)(c) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(c) was amended, as from 26 November 1997, by section 32(1)(d) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “each”
for the word “the”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies.
Subsection (1)(c)(ii) was amended, as from 26 November 1997, by section 32(1)(e) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “threatened”
for the words “rare or endangered”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2) (that part before paragraph (a)) was amended, as from 26 November 1997, by section 32(2)(a) and (b) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “a Minister may notify, in accordance with section 62, a proposal for”
for the words “A Minister shall propose”
, and by substituting the words “each organism”
for the words “the organism”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) Any person may, by notice in writing to a Minister whose responsibilities might be adversely affected by an organism, request that Minister to notify in accordance with section 62 a proposal for a national pest management strategy in relation to that organism.
(2) Where a Minister is requested to notify a proposal in accordance with this section, the Minister must do so unless section 59 applies, and if,—
(a) In the Minister's opinion, the proposal complies with section 57; and
(b) In the Minister's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.
(3) Where a proposal is notified after a request made in accordance with this section, the Minister may, if he or she thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the proposal in accordance with sections 62 to 69, and the strategy may be processed only to the extent that the person meets his or her share of the costs.
Section 58 was substituted, as from 26 November 1997, by section 33 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
The Minister may refuse to notify a proposal under section 62 of this Act, if satisfied on reasonable grounds that—
(a) It does not comply with this Part of this Act; or
(b) It has not been described clearly enough to be readily understood; or
(c) [Repealed]
(d) Both—
(i) At a time within the 3 years before the proposal was submitted to the Minister, a board of inquiry completed an inquiry under this Part of this Act into a proposal whose substance was broadly the same as its substance; and
(ii) There is not available any significant evidence relating to it that was not available at that time; or
(e) It has little or no merit in relation to the management or eradication of the organism to which it relates; or
(f) It is frivolous or vexatious.
Paragraph 59(c) was repealed, as from 26 November 1997, by section 34 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
A proposal for a national pest management strategy must specify the following matters:
(a) The proposer of the strategy:
(b) The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:
(c) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy including a description of the adverse effects of the organism, or the class or description of organism:
(d) The management agency that is to be responsible for implementing the strategy:
(e) The proposed period for which the strategy will remain in force:
(f) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:
(g) Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy, and the reasons for preferring the measures specified in accordance with paragraph (f) as the measures proposed to be taken:
(h) The intended scope and purpose of each proposed strategy rule, and the rules for which it is proposed that a breach of the rule will be an offence under this Act:
(i) Whether any land will include portions of adjoining road for the purposes of the strategy in accordance with section 6, and if so, the portions of road that are proposed to be included:
(j) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:
(k) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—
(i) The environment; and
(ii) The marketing overseas of New Zealand products:
(l) An analysis of the benefits and costs of the strategy in relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, and the reasons why a national strategy is more appropriate than a regional strategy or regional strategies:
(m) The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 61:
(n) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:
(o) The powers to be used in accordance with section 55 to implement the strategy:
(p) Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:
(q) The proposed means for measuring the extent to which the objectives of the strategy are being achieved:
(r) The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
Section 60 was substituted, as from 26 November 1997, by section 35(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
A proposal for a national pest management strategy must specify, in relation to each organism to which the strategy would apply, or in relation to each class or description of organism to which the strategy would apply, the following matters:
(a) The extent to which any persons, or persons of any class, kind, or description are likely to benefit from the strategy:
(b) The extent (if any) to which any persons, or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:
(c) The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96,—
(i) The matters required to be specified in accordance with section 93(1); and
(d) Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.
Section 61 was substituted, as from 26 November 1997, by section 36 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) The Minister shall publicly notify a proposed national pest management strategy by—
(a) Publishing a notice in the Gazette; and
(aa) Publishing a notice in 1 or more daily newspapers circulating in the major metropolitan areas; and
(b) Giving such other notification as the Minister considers appropriate having regard to the nature and distribution of the organism concerned and the persons (including regional councils) likely to have an interest in the proposal; and
(c) If the responsible Minister is not the proposer of the strategy, sending a copy to the responsible Minister for co-ordination purposes.
(2) Every notice under this section must include—
(a) A description of the proposed strategy:
(b) A statement that submissions on the proposed strategy may be made in writing to the Minister by any person:
(c) A closing date for submissions (which must not be earlier than 20 working days after notification under this section):
(d) A statement that every submission should state—
(i) Those aspects of the proposed strategy that the submission supports; and
(ii) Those aspects of the proposed strategy that the submission opposes; and
(iii) The reasons for the support and opposition identified; and
(iv) Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and
(v) Whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held:
(e) A list of the places where a copy of the proposal for the strategy may be obtained or inspected:
(f) An address for submissions.
(3) Any person may make a submission to the Minister about a proposed national pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d).
Section 62 was amended, as from 26 November 1997, by section 37(1)(a) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “responsible Minister”
for the words “Minister of Agriculture”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(aa) was inserted, as from 26 November 1997, by section 37(1)(b) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2) was substituted, and subsection (3) was inserted, as from 26 November 1997, by section 37(2) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) The Minister must appoint a board of inquiry to inquire into and report on every proposal for a pest management strategy notified in accordance with section 62, unless, after having regard to the submissions made to the Minister, the Minister is satisfied that there is no significant body of persons who—
(a) Would be affected by the implementation of the proposed strategy; and
(b) Are opposed to a significant element of the proposed strategy.
(2) A board of inquiry shall—
(a) Comprise not fewer than 3 and not more than 5 members; and
(b) Have a presiding member appointed either by the Minister or, if the Minister declines to do so, by the members.
(2A) Where the Minister appoints a board of inquiry in accordance with subsection (1), the Minister must forward all submissions received under section 62 to that board.
(3) Every board of inquiry shall be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 and there may, if the Minister so directs, be paid to any member of the board of inquiry, out of money appropriated by Parliament for the purpose,—
(a) Remuneration by way of fees, salary, or allowances in accordance with the Act; and
(b) Travelling allowances and travelling expenses in accordance with that Act in respect of time spent travelling in the service of the board of inquiry,—
and the provisions of that Act apply accordingly.
Subsection (1) was substituted, as from 26 November 1997, by section 38(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2A) was inserted, as from 26 November 1997, by section 38(2) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
[Repealed]
Sections 64 and 65 were repealed, as from 26 November 1997, by section 37(3) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
[Repealed]
Sections 64 and 65 were repealed, as from 26 November 1997, by section 37(3) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Schedule 2 to this Act shall apply in respect of an inquiry by a board of inquiry into a proposed national pest management strategy; and the proposer of the strategy and every person who made a submission under section 62 of this Act shall have the right to be heard at any such inquiry.
Section 66 was amended, as from 26 November 1997, by section 39 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “proposer of the strategy”
for the words “proposing Minister”
, and by substituting the expression “62”
for the expression “65”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) In considering a proposed national pest management strategy, a board of inquiry shall have regard to—
(a) All submissions; and
(b) All relevant provisions of this Part of this Act; and
(c) Any other matters it thinks fit.
(2) On completion of its inquiry, the board of inquiry shall prepare a written report on the proposed national pest management strategy and the matters raised by the inquiry, and shall make such recommendations to the Minister as it determines are appropriate in the circumstances.
(3) After receiving a report from a board of inquiry, the Minister shall ensure that—
(a) A copy of the report is sent to every person who made a submission to the board of inquiry and to every other person the Minister considers appropriate having regard to the nature and distribution of the organism concerned; and
(b) The report is published; and
(c) Public notice is given of where and how copies of the report can be obtained.
(1) Subject to section 69, the Governor-General may, by Order in Council made on the recommendation of a Minister, make a national pest management strategy.
(2) The Order in Council made under this section must include all the matters required in a national pest management strategy by section 69A.
(3) The strategy rules in an order made under this section are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989.
Section 68 was substituted, as from 26 November 1997, by section 40 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
(1) The Minister shall not recommend the making of an order under section 68 of this Act making a national pest management strategy—
(a) Where the Minister has appointed a board of inquiry to inquire into and report on the proposed strategy, without considering—
(i) The report, and any recommendations, of the board; and
(ii) A report on that report, any such recommendations, and the strategy itself, made to the Minister by the appropriate chief executive:
(b) In any other case, without considering a report on the strategy made to the Minister by the appropriate chief executive.
(1A) Where the proposed strategy has not been considered by a board of inquiry, the Minister must not recommend the making of a strategy if that strategy differs significantly in its effect from the relevant provisions in the proposal notified in accordance with section 62.
(2) The Minister shall not recommend the making of an order under section 68 of this Act making a national pest management strategy unless satisfied, on reasonable grounds,—
(a) Of the matters specified in section 57(1) of this Act; and
(b) That there is likely to be adequate funding for the implementation of the strategy for its proposed duration or 5 years (whichever is the shorter); and
(c) [Repealed]
Subsection (1A) was inserted, as from 26 November 1997, by section 41(a) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Section 69 was amended, as from 26 November 1997, by section 41(b) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “making”
for the word “approving”
wherever it appears. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2)(c) was repealed, as from 26 November 1997, by section 41(c) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
A national pest management strategy must specify the following matters:
(a) The pest or pests to be managed or eradicated:
(b) the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:
(c) The management agency that is responsible for implementing the strategy:
(d) The period for which the strategy will remain in force:
(e) The powers to be used in accordance with section 55 to implement the strategy:
(f) The strategy rules, if any, made in accordance with this Act:
(g) The portions of road, if any, that are included as adjoining land, in accordance with section 6, for the purposes of the strategy:
(h) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:
(i) The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:
(j) The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
Sections 69A to 69D were inserted, as from 26 November 1997, by section 42 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Paragraph (b) was substituted by section 7(1) Biosecurity Amendment Act 2003 (2003 No 38) with application only to national pest management strategies made as from 8 July 2003.
(1) A national pest management strategy made by Order in Council under section 68, may include rules made for all or any of the following purposes:
(a) Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:
(b) Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:
(c) Requiring the identification of specified goods:
(d) Prohibiting or regulating specified methods that may be used in the management of the pest:
(e) Prohibiting or regulating activities which may affect measures taken to implement the strategy:
(f) Requiring audits or inspections of specified actions:
(g) Specifying, for the purposes of section 52(a), the circumstances in which the pest may be communicated, released, or otherwise spread:
(h) Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:
(i) Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:
(j) Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:
(k) Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:
(l) Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
(m) Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
(n) Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
(o) Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:
(p) Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
(q) Prohibiting or regulating the holding or disposal of organic material:
(r) Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
(s) Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
(2) A Minister must not recommend the making of an Order in Council under section 68 unless the Minister has had regard to—
(a) The extent to which each rule included in the strategy is likely to assist in achieving the objectives of the strategy; and
(b) The extent to which each rule included in the strategy is likely to restrict the rights of individuals.
(3) A rule may specify that a breach of the rule creates an offence under section 154(q).
(4) A rule may provide that no exemptions from any requirement of the rule may be granted under section 69D.
(5) A rule may—
(a) Apply generally throughout New Zealand or within a specified part or parts of New Zealand:
(b) Apply generally or with respect to different classes of persons, places, goods, or other things:
(c) Apply generally or at any specified time of each year.
(6) Where a rule applies to a specified part or parts of New Zealand, other rules relating to the same subject matter may be made for other specified parts of New Zealand.
(7) So far as the bylaws of any local authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.
Sections 69A to 69D were inserted, as from 26 November 1997, by section 42 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) Any written material or document that, in the opinion of the Minister, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.
(2) Any material incorporated by reference under this section is deemed for all purposes to form part of the rule, but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.
(3) All material incorporated by reference under this section must be available at the office of the management agency for that strategy and copies of that material must be available for purchase for a reasonable charge.
Sections 69A to 69D were inserted, as from 26 November 1997, by section 42 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) The Minister may, upon such conditions as he or she considers appropriate, exempt any person from any requirement in any rule included in a national pest management strategy made under this Act.
(2) Before granting an exemption under this section, the Minister must be satisfied in the circumstances of each case that—
(a) The requirement has been substantially complied with and that further compliance is unnecessary; or
(b) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
(c) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
(d) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—
and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.
(3) The Minister may, upon such conditions as he or she thinks fit, exempt all persons, or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things from any requirement in any rule included in a national pest management strategy made under this Act, if the Minister is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.
(4) The number and nature of exemptions granted under this section must be notified as soon as practicable in the Gazette.
(5) Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.
Sections 69A to 69D were inserted, as from 26 November 1997, by section 42 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
As soon as is practicable after an order has been made under section 68 of this Act, the Minister who recommended its making shall lay a copy before the House of Representatives.
A regional council or any other person may prepare a proposal for a regional pest management strategy.
Section 71 was substituted, as from 26 November 1997, by section 43 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A regional council may notify, in accordance with section 78 of this Act, a proposal for a regional pest management strategy only if it is of the opinion that—
(a) The benefits of having a regional pest management strategy in relation to each organism to which the strategy would apply outweigh the costs, after taking account of the likely consequences of inaction or alternative courses of action; and
(b) The net benefits of regional intervention exceed the net benefits of an individual's intervention; and
(ba) Where funding proposals for the strategy require persons to meet directly the costs of implementing the strategy—
(i) The benefits that will accrue to those persons as a group will outweigh the costs; or
(ii) Those persons contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and
(c) Each organism in respect of which the strategy is under consideration is capable of causing at some time a serious adverse and unintended effect in relation to the region on one or more of the following:
(i) Economic wellbeing; or
(ii) The viability of threatened species of organisms, the survival and distribution of indigenous plants or animals, or the sustainability of natural and developed ecosystems, ecological processes, and biological diversity; or
(iii) Soil resources or water quality; or
(iv) Human health or enjoyment of the recreational value of the natural environment; or
(v) The relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga.
(2) [Repealed]
(3) [Repealed]
Subsection (1) was amended, as from 26 November 1997, by section 44(1)(a) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “A regional council may notify, in accordance with section 78 of this Act, a proposal for”
for the words “A regional council shall propose”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(a) was amended, as from 26 November 1997, by section 44(1)(b) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words by substituting the words “each organism to which the strategy would apply”
for the words “the organism concerned”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(ba) was inserted, as from 26 November 1997, by section 44(1)(c) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(c) was amended, as from 26 November 1997, by section 44(1)(d) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “each”
for the word “the”
. See section 119 of that Act as to the transition for notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(c)(ii) was amended, as from 26 November 1997, by section 44(1)(e) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “threatened”
for the words “rare or endangered”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Subsections (2) and (3) were repealed, as from 26 November 1997, by section 44(2) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) During the preparation of a proposed regional pest management strategy, a regional council shall consult—
(a) Those Ministers whose responsibilities may be affected by the strategy; and
(b) Local authorities that may be so affected; and
(c) The tangata whenua of the area who may be so affected, through iwi authorities and tribal runanga.
(2) A regional council may consult any other person during the preparation of a proposed regional pest management strategy.
(1) Any person may, by notice in writing to a regional council, request that council to notify a proposal for a regional pest management strategy under section 78.
(2) Where a regional council is requested to notify a proposal in accordance with this section, the council must do so unless section 75 applies, and if,—
(a) In the opinion of the council, the proposal complies with the provisions of section 72; and
(b) In the council's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.
(3) Where a proposal is notified after a request made in accordance with this section, the regional council may, if it thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the proposal in accordance with sections 78 to 79F, and the strategy may be processed only to the extent that the person meets his or her share of the costs.
Section 74 was substituted, as from 26 November 1997, by section 45 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
A regional council may refuse to notify a proposal for a strategy under section 78 of this Act, if satisfied on reasonable grounds that—
(a) It does not comply with this Part of this Act; or
(b) It has not been described clearly enough to be readily understood; or
(c) [Repealed]
(d) Both—
(i) At a time within the 3 years before the proposal for the strategy was submitted to the council, an inquiry was completed into a proposal for a regional pest management strategy whose substance was broadly the same as its substance; and
(ii) There is not available any significant evidence relating to it that was not available at that time; or
(e) It has little or no merit in relation to the management or eradication of the organism to which it relates; or
(f) It is frivolous or vexatious.
Section 75 was amended, as from 26 November 1997, by section 46(a) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “proposal for a”
for the word “suggested”
. See section 119 of that Act as to the transition for notified pest management strategies. See section 120 of that Act as to the transition for specified notified pest management strategies. See section 121 of that Act as to the transition for approved pest management strategies.
Paragraph (c) was repealed, as from 26 November 1997, by section 46(b) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Paragraph (d)(i) was substituted, as from 26 November 1997, by section 46(c) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A proposal for a regional pest management strategy must specify the following matters:
(a) The proposer of the strategy:
(b) The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:
(c) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy, including a description of the adverse effects of the organism, or the class or description of organism:
(d) The management agency that is to be responsible for implementing the strategy:
(e) The proposed period for which the strategy will remain in force:
(f) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:
(g) Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy and the reasons for preferring the measures specified in accordance with paragraph (f) as the measures proposed to be taken:
(h) Each proposed strategy rule, an explanation of each proposed rule, and, if it is proposed that a breach of the rule will be an offence under this Act, a statement to that effect:
(i) Whether land will include portions of adjoining road for the purposes of the strategy in accordance with section 6, and if so, the portions of road that are proposed to be included:
(j) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:
(k) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—
(i) The environment; and
(ii) The marketing overseas of New Zealand products:
(l) An analysis of the benefits and costs of the strategy (including the reasons why the strategy is more appropriate than relying on the voluntary actions of persons) in relation to each organism to which the strategy would apply:
(m) The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 77:
(n) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:
(o) The powers to be used in accordance with section 55 to implement the strategy:
(p) Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:
(q) The proposed means for measuring the extent to which the objectives of the strategy are being achieved:
(r) The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
(2) [Repealed]
(3) A proposal for a regional pest management strategy may provide that the regional council shall itself be the management agency for the strategy, or may specify a Department, body, or other authority as the management agency.
(4) A proposal for a regional pest management strategy shall not be inconsistent with—
(a) Any national or regional pest management strategy (whether relating to the same region or any other region or regions) concerning the same organism; or
(b) Any regulation; or
(c) Any regional policy statement or regional plan prepared under the Resource Management Act 1991.
Subsection (1) was substituted, and subsection (2) was repealed, as from 26 November 1997, by section 47 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
A proposal for a regional pest management strategy must specify, in relation to each organism or in relation to each class or description of organism to which the strategy would apply, the following matters:
(a) The extent to which any persons or persons of any class, kind, or description are likely to benefit from the strategy:
(b) The extent (if any) to which any persons or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:
(c) The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96,—
(i) The matters required to be specified in accordance with section 93(1); and
(d) Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.
Paragraph (c)(i) of the original section 77 was repealed, as from 1 July 1996, by section 3(c) Biosecurity Amendment Act 1996 (1996 No 23). See section 6 of that Act as to the savings provisions.
Paragraph (d) of the original section 77 was repealed, as from 1 July 1996, by section 3(c) Biosecurity Amendment Act 1996 (1996 No 23). See section 6 of that Act as to the savings provisions.
Section 77 was substituted, as from 26 November 1997, by section 48 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A regional council must publicly notify a proposed regional pest management strategy—
(a) By publishing a notice in 1 or more daily newspapers circulating within the council's region; and
(b) By giving such further notice, if any, as the regional council considers appropriate having regard to the nature and distribution of the organism concerned and the persons likely to have an interest in the proposal.
(2) Every notice under this section must include—
(a) A description of the proposed strategy:
(b) A statement that submissions on the proposed strategy may be made in writing to the regional council by any person:
(c) A closing date for submissions (which must not be earlier than 20 working days after notification under this section):
(d) A statement that every submission should state—
(i) Those aspects of the proposed strategy that the submission supports; and
(ii) Those aspects of the proposed strategy that the submission opposes; and
(iii) The reasons for the support and opposition identified; and
(iv) Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and
(v) Whether the person making the submission wishes to be heard in respect of that submission:
(e) A list of the places where a copy of the proposed strategy may be obtained or inspected:
(f) An address for submissions.
(2A) Any person may make a submission to the regional council about a proposed regional pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d).
(3) A regional council shall provide one copy of a proposed pest management strategy without charge to—
(a) The responsible Minister and every other Minister whose responsibilities may be affected by the strategy; and
(b) All territorial authorities in the region and adjacent local authorities that may be so affected; and
(c) The tangata whenua of the area that may be so affected, through iwi authorities and tribal runanga.
(4) A regional council shall make a proposed regional pest management strategy that it has notified available in every place in its region that it considers appropriate, having regard to the nature and distribution of the organism concerned and the persons likely to have an interest in the proposal.
Subsections (1) and (2) were substituted, and subsection (2A) was inserted, as from 26 November 1997, by section 49(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (3)(a) was amended, as from 26 November 1997, by section 49(2) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “responsible Minister”
for the words “Minister of Agriculture”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (4) was amended, as from 26 November 1997, by section 49(3) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “that it has notified”
for the words “prepared by it”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A regional council may appoint a hearings commissioner to inquire into and report on a proposal for a regional pest management strategy it has notified.
(2) The council shall pay the hearings commissioner—
(a) Remuneration by way of fees, salary, or allowances; and
(b) Travelling allowances and travelling expenses in respect of time spent travelling for the purposes of the inquiry,—
as the council agrees with the commissioner.
Every proposal for a regional pest management strategy must be subject to an inquiry, Schedule 2 applies in respect of that inquiry as though the inquiry were undertaken by a board of inquiry, and every person who made a submission on that proposed regional pest management strategy has the right to be heard at the inquiry.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) In considering a proposed regional pest management strategy, a regional council—
(a) Must have regard to—
(i) All submissions; and
(ii) All relevant provisions of this Part; and
(iii) A report on the proposed regional pest management strategy made to it by its principal officer; and
(iv) Any report and any recommendations of a hearings commissioner; and
(b) Where the strategy includes provision for funding, the strategy in accordance with section 97 must have regard to—
(i) The extent to which the proposal for the pest management strategy gave notice of the intention to provide in the strategy for wholly or partially funding the strategy in accordance with section 97; and
(ii) the extent of consultation with the ratepayers for the rating units on which the rate or rates are likely to be assessed and the views of those ratepayers; and
(iii) All views expressed to the regional council by any other person concerning the proposal to fund the strategy in accordance with section 97; and
(iv) All other relevant matters known to the council; and
(c) Must be satisfied on reasonable grounds of the matters in section 72(1).
(2) On completion of its consideration, the council must prepare a written report on the proposed regional pest management strategy and the matters raised by the submissions, and must give its decision which must include the regional pest management strategy and the reasons for accepting or rejecting any submissions or group of submissions.
(3) The decision of the regional council may include any consequential alterations arising out of submissions and any other relevant matters it considered relating to matters raised in submissions.
(4) The regional council must give public notice of the decision and the pest management strategy.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(b)(ii) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act as to the savings provision.
At the same time as a regional council gives public notice of its decision, it must serve on every person who made a submission on a provision, a copy of its decision on that provision.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) Any person who made a submission on a proposed regional pest management strategy may refer to the Environment Court—
(a) Any provision included in the proposed regional pest management strategy, or a provision which the decision on submissions proposes to include in the regional pest management strategy; or
(b) Any matter excluded from the proposed regional pest management strategy, or a provision which the decision on submissions proposes to exclude from the regional pest management strategy,—
if that person referred to that provision or matter in that person's submission on the proposed regional pest management strategy.
(2) Any reference to the Environment Court under this section must be lodged with the Environment Court within 15 working days of service of the decision of the regional council and must state—
(a) The reasons for the reference and relief sought; and
(b) The address for service of the person who made the reference; and
(c) Any other matters required by regulations.
(3) A person who makes a reference to the Environment Court under this section must serve a copy of the notice within 5 working days after the reference is lodged with the Environment Court, on—
(a) The regional council; and
(b) Every person who made a submission on that provision or matter.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) The Environment Court must hold a public hearing into any provision or matter referred to it.
(2) Where the Environment Court holds a hearing into any provision or matter of a proposed regional pest management strategy, that reference is an appeal and the Environment Court may confirm, or direct the regional council to modify, delete, or insert, any provision or matter which is referred to it.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A regional council must make a regional pest management strategy once it has made the amendments as directed by the Environment Court.
(2) A strategy must be made under this section by affixing the seal of the regional council to the document.
(3) The regional council must provide 1 copy of each regional pest management strategy made by the council to every public library in its area.
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
[Repealed]
Sections 79A to 79F were inserted, and section 80 was repealed, as from 26 November 1997, by section 50(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
A regional pest management strategy must specify the following matters:
(a) The pest or pests to be managed or eradicated:
(b) the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:
(c) The management agency that is responsible for implementing the strategy:
(d) The period for which the strategy will remain in force:
(e) The powers to be used in accordance with section 55 to implement the strategy:
(f) The strategy rules, if any, made in accordance with this Act:
(g) The portions of road, if any, that are included as adjoining land, in accordance with section 6, for the purposes of the strategy:
(h) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:
(i) The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:
(j) The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
Sections 80A to 80D were inserted, as from 26 November 1997, by section 51 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Paragraph (b) was substituted by section 8(1) Biosecurity Amendment Act 2003 (2003 No 38) with application only to regional pest management strategies made as from 8 July 2003.
(1) A pest management strategy made under section 79F may include rules for all or any of the following purposes:
(a) Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:
(b) Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:
(c) Requiring the identification of specified goods:
(d) Prohibiting or regulating specified methods that may be used in the management of the pest:
(e) Prohibiting or regulating activities which may affect measures taken to implement the strategy:
(f) Requiring audits or inspections of specified actions:
(g) Specifying, for the purposes of section 52(a), the circumstances in which the pest may be communicated, released, or otherwise spread:
(h) Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:
(i) Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:
(j) Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:
(k) Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:
(l) Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
(m) Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
(n) Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
(o) Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:
(p) Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
(q) Prohibiting or regulating the holding or disposal of organic material:
(r) Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
(s) Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
(2) A rule may provide that no exemptions from any requirement of the rule may be granted under section 80D.
(3) A rule may—
(a) Apply generally throughout the region or within a specified part or parts of the region:
(b) Apply generally or with respect to different classes of persons, places, goods, or other things:
(c) Apply generally or at any specified time of each year.
(4) Where a rule applies to a specified part or parts of the region, other rules relating to the same subject matter may be made for other specified parts of the region.
(5) So far as the bylaws of the regional council or a territorial authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.
(6) In the event of an inconsistency between regulations made under this or any other Act or the rules in a national pest management strategy, and the rules in a regional pest management strategy, the regulations or rules in a national pest management strategy prevail.
(7) A rule may specify that a breach of the rule creates an offence under section 154(r).
(8) Notwithstanding any rule of law to the contrary, a strategy rule may not be declared invalid for unreasonableness.
Sections 80A to 80D were inserted, as from 26 November 1997, by section 51 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) Any written material or document that, in the opinion of the regional council, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.
(2) Any material incorporated by reference under this section is deemed for all purposes to form part of the rule but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.
(3) All material incorporated by reference under this section must be available at the office of the management agency for that strategy, and copies of that material must be available for purchase for a reasonable charge.
Sections 80A to 80D were inserted, as from 26 November 1997, by section 51 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) The regional council may, if the regional council considers it appropriate and upon such conditions as the regional council considers appropriate, exempt any person from any specified requirement in any rule included in a regional pest management strategy in accordance with this Act.
(2) Before granting an exemption under this section, the regional council must be satisfied in the circumstances of each case that—
(a) The requirement has been substantially complied with and that further compliance is unnecessary; or
(b) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
(c) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
(d) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—
and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.
(3) The regional council may, upon such conditions as it thinks fit, exempt all persons or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things, from any requirement in any rule included in a regional pest management strategy made under this Act if the regional council is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.
(4) The number and nature of exemptions granted under this section must be recorded by the regional council in a register; and the register must be available for public inspection during the normal office hours of the regional council.
(5) Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.
Sections 80A to 80D were inserted, as from 26 November 1997, by section 51 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Except as otherwise provided in this Act, the Local Government Act 2002 shall apply to the implementation of a regional pest management strategy by a regional council.
Section 81 was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “the Local Government Act 2002”
for the words “Part 16A of the Local Government Act 1974”
. See sections 273 to 314 of that Act for the savings and transitional provisions.
A regional council is not capable of delegating (whether under clause 32 of Schedule 7 of the Local Government Act 2002 or any other provision of that Act or any other Act)—
(a) the power to appoint a hearings commissioner to inquire into and report on a proposal for a regional pest management strategy it has notified; or
(b) the power to make, review, amend, or revoke a regional pest management strategy; or
(c) the power to declare a small-scale management programme under section 100
Subsection (2)(b) and (c) were substituted, as from 26 November 1997, by section 52 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Section 82 was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
(1) Any 2 or more regional councils may separately notify and make a joint regional pest management strategy; and in that case,—
(a) The strategy shall indicate—
(i) Whether it is to be implemented by all the councils, some of them only, or only 1 of them; and
(ii) If it is to be implemented by 2 or more councils, the extent (if any) to which those councils are to be empowered to implement it outside their own regions; and
(b) The strategy shall not have effect unless made by all the councils; and
(c) Subject to subsection (2) of this section, if the strategy is made, it shall have effect, and this Act shall have effect in relation to it,—
(i) In the case of a strategy to be implemented by 1 council only, as if the regions of the councils are a single region, whose council that 1 council is; and
(ii) In the case of a strategy to be administered by 2 or more councils, as if each of those councils, and the principal officer of each of those councils, is, to the extent specified in the strategy, capable of exercising in the region of another of the councils that jointly proposed it the powers that would be exercisable under or in respect of the strategy if it were a strategy to be implemented by that council only; and
(d) Except as provided in paragraphs (a) to (c) of this subsection,—
(i) This Act shall have effect; and
(ii) If made, the strategy shall be implemented,—
accordingly.
(2) Nothing in subsection (1)(c) of this section limits or affects the powers of a regional council in relation to the amendment or revocation of a regional pest management strategy.
Subsection (1) was amended, as from 26 November 1997, by section 53 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “notify and make”
for the words “propose and approve”
, by omitting from subs (1)(b) the word “proposed”
, and by substituting the word “made”
for the word “approved”
, wherever it occurs. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) Every pest management strategy shall specify the management agency that is to have responsibility for implementation of the strategy.
(2) A management agency may be a Department, a regional council, a territorial authority, or a body corporate.
(3) In determining who shall be the management agency for a pest management strategy, the Minister or regional council, as the case may be, shall take into consideration—
(a) The need for accountability to those persons who will provide the funds to implement the strategy; and
(b) The acceptability of the agency to those persons who will provide the funds to implement the strategy and those who will be subject to management provisions under the strategy; and
(c) The capacity of the agency, including the competence and expertise of its employees and contractors available to it, to manage the strategy.
(4) If a management agency for a pest management strategy resigns by notice in writing to the Minister or regional council, or goes into liquidation, or ceases to exist, the Minister or regional council, as the case may be, may, without following the required procedure for amending the strategy, appoint some other qualified body to be the management agency for that strategy and shall publicly notify any such appointment.
(1) The management agency for every pest management strategy shall—
(a) Within 3 months after the strategy is made, prepare an operational plan for its implementation; and
(b) Review the operational plan annually, and, if the agency thinks fit, amend it; and
(c) Prepare a report on the operational plan and its implementation not later than 5 months after the end of each financial year; and
(d) Make copies of the operational plan and report on its implementation available to the public at cost.
(2) The report required by subsection (1)(c) of this section to be prepared in respect of an operational plan may form part of a regional council's annual report; but in that case—
(a) The council may make it available to the public by supplying only an extract from the annual report; and
(b) Whatever form it may be made available in, the council shall charge the public no more than the cost of supplying such an extract.
(3) The management agency for a pest management strategy shall supply copies of every operational plan prepared under subsection (1)(a) of this section, every operational plan amended under subsection (1)(b) of this section, and every report prepared under subsection (1)(c) of this section, to—
(a) The responsible Minister; and
(b) In the case of a national pest management strategy, the Minister who recommended the Order in Council making the pest management strategy; and
(c) In the case of a regional pest management strategy, every regional council that made it.
(4) The Minister who recommended the making of the Order in Council making the strategy (in the case of a national pest management strategy) and the regional council that made the strategy (in the case of a regional pest management strategy) may,—
(a) At any time before being notified under subsection (3) of the preparation or amendment of an operational plan; or
(b) Not later than 20 working days after being so notified,—
give the management agency written notice that the Minister or the regional council (as the case may be) intends to disallow the plan or any part of the plan on the grounds that the Minister or the regional council believes that the plan or that part of the plan is inconsistent with the strategy.
(5) Unless the Minister or regional council later gives the management agency concerned written notice that the Minister or regional council is now prepared to allow the plan, or a part of a plan, in respect of which the Minister or the regional council gave the agency notice under subsection (4), the plan or part of a plan is of no effect.
Subsection (1) was amended, as from 26 November 1997, by section 54(1) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “made”
for the word “approved”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (3)(b) was substituted, and subsection (3)(c) was amended by substituting the word “made”
for the word “approved”
, as from 26 November 1997, by section 54(1) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsections (4) and (5) were substituted, as from 26 November 1997, by section 54(3) and (4) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
(1) A pest management strategy shall not provide for or permit the payment of compensation to a person—
(a) In respect of income derived from feral or wild organisms and adversely affected by the implementation of the strategy; or
(b) Who fails to comply with the strategy; or
(c) In respect of loss suffered before the time when an inspector or authorised person establishes the presence of the pest on the premises of the person.
(2) A pest management strategy may provide for or permit the payment of compensation to a person who at the time an organism is declared to be a pest is deriving income from domesticated organisms of the species whose feral or wild population is a pest and whose organisms are necessarily destroyed in the course of implementing the strategy.
(3) Subject to subsection (4) of this section, where—
(a) Any person owns domesticated organisms—
(i) That are infected by a pest to which a pest management strategy relates; or
(ii) That are pest agents in relation to such a pest; or
(iii) Whose feral or wild population is such a pest; and
(b) Any of those organisms are necessarily destroyed in the course of implementing the strategy; and
(c) There are net proceeds available from the disposal of the organisms destroyed,—
subsection (4) of this section applies to those net proceeds.
(4) Net proceeds to which this subsection applies—
(a) If the pest management strategy concerned does not provide for the payment of compensation to the owner of organisms destroyed, shall be paid to the owner:
(b) If the compensation payable to the owner under the strategy is less than those proceeds, shall be paid to the owner instead of compensation:
(5) Any dispute concerning the eligibility for or amount of compensation shall be submitted to arbitration.
(1) A national pest management strategy shall impose obligations and costs on the Crown according to its tenor.
(2) The Governor-General may, by Order in Council, approve the application of a regional pest management strategy or any part of it to the Crown; and—
(a) Except to the extent that such an order so provides, the strategy shall not have the effect of imposing costs or obligations on the Crown; and
(b) Where a strategy has been amended, it shall not have the effect of imposing costs or obligations on the Crown in addition to those previously provided for except to the extent that a further such order so provides.
(1) In this section, a reference to the Minister or regional council is a reference to the Minister or regional council, as the case may require, who notified the proposal for the pest management strategy.
(2) A pest management strategy ceases to have effect—
(a) When the Minister or regional council declares by public notice that the purpose of the strategy has been achieved; or
(b) After the expiry of the period specified in the strategy; or
(c) When, following a review carried out in accordance with this section, the strategy is revoked,—
whichever event occurs first.
(3) The Minister or a regional council may review a pest management strategy in accordance with this section at any time—
(a) If the Minister or regional council has reason to believe that the strategy is failing to achieve its purposes; or
(b) If the Minister or regional council has reason to believe that relevant circumstances have changed to a significant extent since the strategy commenced; or
(c) If the strategy is due to expire in less than 12 months and—
(i) Any person requests the Minister or regional council to notify a proposal to extend the duration of the strategy; or
(ii) The Minister or regional council proposes to extend the duration of the strategy—
and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged.
(4) Where the review of a pest management strategy has commenced in accordance with this section and that strategy would otherwise expire in accordance with the terms of the strategy during the review, that strategy continues in force until amended or revoked on completion of the review, including the completion of any rights of appeal.
(5) Where any person requests the Minister or regional council to notify a proposal to extend the duration of a strategy in accordance with subsection (3)(c)(i)—
(a) The Minister or regional council may refuse to notify a proposal if the provisions of sections 59 or 75 (as the case may be) apply:
(b) The review may be processed only so far as the costs of the review are met by that person.
(6) Where a pest management strategy has been in force for 5 years or more and it is more than 5 years since the strategy has been reviewed in accordance with this section, the Minister or regional council must proceed to review the strategy in accordance with this section and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged; and this review is a cost of the strategy.
(7) A review of a national pest management strategy is commenced by a proposal notified in accordance with section 62 and the provisions of sections 63 to 70 apply to that review with any necessary modifications.
(8) A review of a regional pest management strategy is commenced by a proposal notified in accordance with section 78 and the provisions of sections 79 to 83 apply to that review with any necessary modifications.
(9) A proposal must state whether it is proposed that the strategy be amended or revoked or left unchanged, the proposed amendments, if any, in full, and the reasons for the proposed result of the review.
(10) Every notification of a proposal for a review must—
(a) Describe the proposed result of the review; and
(b) State where the proposal can be inspected; and
(c) Include a statement that submissions on the proposal may be made in writing by any person to the Minister or regional council, as the case may be; and
(d) Include a closing date for submissions (which is not earlier than 20 working days after public notice of the proposal is given); and
(e) Include a statement that every submission should state whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held.
(11) On completion of the review the Governor-General may, by Order in Council made on the recommendation of a Minister, amend or revoke a national pest management strategy; and in that event the Minister must present a copy of the order, and where appropriate the strategy as amended, to the House of Representatives.
(12) An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
(13) On completion of the review a regional council may, by affixing the common seal of the council, amend or revoke a regional pest management strategy.
(14) The regional council must provide one copy of each amended regional pest management strategy made by the regional council to every public library in its area.
Section 88 was substituted, as from 26 November 1997, by section 55 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, and section 120 of that Act as to the transition for specified notified pest management strategies.
(1) Subject to subsection (4), a national pest management strategy may be amended from time to time, on the recommendation of the Minister, by the Governor-General by Order in Council without a review of the strategy under section 88.
(2) An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
(3) Subject to subsection (4), a regional pest management strategy may be amended from time to time by a regional council by resolution without a review of the strategy in accordance with section 88.
(4) A strategy may be amended in accordance with this section only if the Minister or regional council is satisfied that the amendment will not have any significant effect on the rights and obligations (including obligations to contribute to the costs of the strategy) of any person.
(5) In this section, a reference to the Minister or regional council is a reference to the Minister or regional council, as the case may require, who notified the proposal for the pest management strategy.
Section 88A was inserted, as from 26 November 1997, by section 56 Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, and section 120 of that Act as to the transition for specified notified pest management strategies.
A pest management strategy may relate to 2 or more pests, and may provide for differing action to be taken in respect of different pests.
(1) Subject to section 92 of this Act, the Governor-General may, by Order in Council made on the recommendation of a Minister, impose a levy payable to a management agency for the purposes of wholly or partially funding the implementation of a pest management strategy.
(2) Every order under subsection (1) of this section shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
Subsection (1) was amended, as from 26 November 1997, by section 57 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “a Minister”
for the words “the responsible Minister”
. See section 119 of that Act as to the transition for notified pest management strategies, and section 120 of that Act as to the transition for specified notified pest management strategies.
(1) Where in any year an order under section 90(1) of this Act has been made on or after the 1st day of January and before the 1st day of July, and—
(a) Has not been revoked with effect on or before the 1st day of July in the next year; and
(b) Has not ceased, and will not cease, to have effect on or before the 1st day of July in the next year by virtue of the Regulations (Disallowance) Act 1989,—
it shall be deemed to have been revoked with the close of the 30th day of June in that next year unless it has been confirmed by an Act of Parliament passed on or before that day.
(2) Where in any year an order under section 90(1) of this Act has been made after the 30th day of June and on or before the 31st day of December, and—
(a) Has not been revoked with effect on or before the 1st day of January in the year after the next year; and
(b) Has not ceased, and will not cease, to have effect on or before the 1st day of January in the year after the next year by virtue of the Regulations (Disallowance) Act 1989,—
it shall be deemed to have been revoked with the close of the 31st day of December in the year after the year in which it was made, unless it has been confirmed by an Act of Parliament passed on or before that day.
(1) A Minister shall not recommend the making of an order under section 90(1) of this Act in respect of the management agency under any pest management strategy unless the Minister is satisfied, on the basis of information and evidence that the Minister regards as satisfactory, that—
(a) Persons likely to be affected by the payment or collection of the levy have been consulted; and
(b) Persons opposing the levy's imposition have had a reasonable opportunity to put their views to the Minister; and
(c) All views put to the Minister about the proposed imposition of the levy have been given due regard; and
(d) the imposition of the levy is the most appropriate means of funding the pest management strategy, or the part of the strategy concerned, having regard to the extent to which the levy would target—
(i) persons likely to benefit from the implementation of the strategy; and
(ii) persons who by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and
(e) [Repealed]
(f) [Repealed]
(g) [Repealed]
(h) If the levy is imposed on quantities of a commodity imported into New Zealand, its imposition will not constitute a non-tariff barrier and will not be contrary to New Zealand's international legal obligations; and
(i) The management agency will have in place adequate systems of accounting to persons who will be responsible for paying the levy; and
(j) All other relevant matters known to the Minister have been properly considered.
(2) [Repealed]
Subsection (1) was amended, as from 26 November 1997, by section 58 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “a Minister”
for the words “the responsible Minister”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (1)(d) was substituted, as from 8 July 2003, by section 9(1) Biosecurity Amendment Act 2003 (2003 No 38).
Subsection (1)(e) to (1)(g) were repealed, as from 8 July 2003, by section 9(1) Biosecurity Amendment Act 2003 (2003 No 38).
Subsection (2) was repealed, as from 8 July 2003, by section 9(2) Biosecurity Amendment Act 2003 (2003 No 38).
(1) Every order under section 90 providing for the imposition of a levy payable to a management agency for the purposes of the strategy shall specify—
(a) The persons responsible for paying the levy; and
(b) The basis on which the amount of levy is to be calculated or ascertained; and
(c) The persons (if any) to be exempt from paying the levy; and
(d) The persons responsible for collecting the levy from those responsible for paying it; and
(e) How the management agency is to spend the levy and consult with those persons responsible for paying the levy; and
(f) When and how the levy is to be paid; and
(g) Whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the places, goods, or other things to which the different rates may apply; and
(h) In respect of each rate of levy, the maximum rate of levy; and
(ha) How the management agency is to set the actual rate or rates of levy; and
(i) How the rates of the levy and variations of rates are to be notified; and
(j) Whether or not the persons collecting the levy are entitled to recover the cost of levy collection and the estimated amount.
(2) An order under section 90 providing for the imposition of a levy may prescribe any of the following matters:
(a) The making of returns to the management agency or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
(b) The circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any levy:
(c) The payment of additional or increased levy when amounts of levy otherwise payable have been paid late, paid in part, or not paid at all.
(d) The holding of funds from which payments of levy are to be made, on trust in separate accounts.
(e) a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner otherwise provided in the order.
Subsection (1) was amended, as from 26 November 1997, by section 59(1) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “order under section 90”
for the words “pest management strategy”
.
Subsection (1)(g) to (h) was substituted, and subsection (ha) was inserted, as from 26 November 1997, by section 59(2) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2) was amended, as from 26 November 1997, by section 59(1) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “An order under section 90”
for the words “A pest management strategy”
. See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2)(d) was inserted, as from 26 November 1997, by section 59(4) Biosecurity Amendment Act 1997 (1997 No 89). See section 119 of that Act as to the transition for notified pest management strategies, section 120 of that Act as to the transition for specified notified pest management strategies, and section 121 of that Act as to the transition for approved pest management strategies.
Subsection (2)(e) was inserted, as from 8 July 2003, by section 10 Biosecurity Amendment Act 2003 (2003 No 38).
(1) Where an order under section 90 provides that funds from which payments of levy are made are to be held on trust in separate accounts, the persons responsible for collecting the levy must each keep a bank account (in this section referred to as a trust account) at a registered bank within the meaning of the Reserve Bank of New Zealand Act 1989; and
(a) Ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and
(b) Take all practicable steps to ensure that—
(i) The account is used only for holding amounts required to be deposited by subsection (3); and
(ii) The balance in the account on any day is not less than the amount outstanding to the management agency on that day by the person responsible for collecting the levy.
(2) For the purpose of this section, the amount outstanding to the management agency by a person responsible for collecting the levy on any day is the remainder obtained by subtracting—
(a) The total of all amounts of levy paid by that person to the management agency before that day calculated on the basis specified in the order under section 90; from
(b) The total of all amounts required by subsection (3) to be deposited in the trust account by the person responsible for collecting the levy not later than a day before that day.