New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| 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
1 Short Title and commencement
3 Application of Act to syndromes of uncertain origin
4 Application of Act to fish and mammals taken in exclusive economic zone
6 Land may include parts of boundary roads
7 Relationship with other enactments
7A Relationship with Resource Management Act 1991
Part 2
Functions, powers, and duties
8 Responsibilities of responsible Minister
9 Powers of responsible Minister
10 Functions of Ministers in relation to proposed national pest management strategies
12 Responsible Minister may require information
13 Powers of regional councils
14 Powers of territorial authorities
15 Transfer of powers, etc, by local authorities
Part 3
Importation of risk goods
17 Notice of intended arrival of craft in New Zealand
18 Arrival of craft in New Zealand
19 Persons in charge of certain craft to obey directions of inspector or authorised person
20 Import health permits [Repealed]
21 Criteria for issue of import health permits [Repealed]
22A Process for independent review panel to be established
23 Revocation and variation of import health permits [Repealed]
24 Exemptions from requirement for import health permit [Repealed]
25 Goods to be cleared for entry into New Zealand
25A Organisms illegally present in New Zealand [Not in force]
27 Inspector to be satisfied of certain matters
28 Restrictions on giving clearances
28A Dealing with suspected new organism
28B Biosecurity clearance for certain new organisms and qualifying organisms
29 Restricted organisms to be contained
Inspections, declarations, etc
30A Processing unaccompanied goods
35 Duties of people in biosecurity control areas
37 Approval of ports as places of first arrival
37A Approval of arrival of craft at port not approved as place of first arrival
37D Director-General to consult chief executives
39 Approval of transitional facilities and containment facilities
40 Approval of facility operators
41 Designation of quarantine area
Part 4
Surveillance and prevention
43 Duty to provide information
46 Duty to report notifiable organisms
47 Imported risk goods [Repealed]
48 Power to require information
51 Duties relating to identification of organisms
52 Communication of pest or unwanted organism
53 Duties of owners of organisms
55 Powers for purpose of pest management strategy and small-scale management programme
National pest management strategies
56 Preparation of national pest management strategy
57 Notification of proposal by Minister
58 Request to notify national proposal
59 Minister may refuse to notify suggested strategy in certain circumstances
60 Preparation and contents of proposal for national pest management strategy
61 Funding information required in proposal
62 Notification of proposed national pest management strategy
64 Public notification of inquiry [Repealed]
65 Submissions to the board of inquiry [Repealed]
66 Summary of submissions, notification and conduct of hearing
67 Matters to be considered and board of inquiry's report
68 Making of national pest management strategy
69 Duties of Ministers in relation to proposed national pest management strategies
69A Contents of national pest management strategy
69C Incorporation by reference
69D Exemption power of Minister
70 Orders to be laid before House of Representatives
Regional pest management strategies
71 Preparation of regional pest management strategy
74 Request to notify regional proposal
75 Council may refuse to notify suggested strategy in certain circumstances
76 Preparation and contents of proposal for regional pest management strategy
77 Funding information required in proposal
78 Notification of proposed regional pest management strategy
79A Summary of submission, notification, and conduct of hearing
79B Regional matters to be considered and regional council's report
79D Reference of decision on submissions to Environment Court
79E Hearing by Environment Court
79F Final consideration of regional pest management strategy
80 Regional pest management strategy to be processed like national pest management strategy [Repealed]
80A Contents of regional pest management strategy
80C Incorporation by reference
80D Exemption power of regional council
81 Implementation of regional pest management strategy
82 Powers that may not be delegated
National and regional pest management strategies
88 Duration and review of pest management strategies
89 Strategy may relate to several pests
93 Contents of levy provisions in strategy
93A Trust accounts for levy money payable to management agency
95A Orders to provide for statements, accounts, and records to be kept
95C Purpose of compliance audits
95D Power of Auditors to require production of statements, accounts, and records
97 Regional strategy to be funded by rates
97A Approval of regional pest management strategy [Repealed]
98 Contents of rating provisions in strategy [Repealed]
99 Making and levying of rates [Repealed]
99A Funding powers of regional councils for national pest management strategies
Management of unwanted organisms present on small scale
100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms
100A Exercise of powers in respect of unwanted organism
Part 6
Administrative provisions
102 Deputy chief technical officers
103 Inspectors, authorised persons, and accredited persons
104 Authorised persons to comply with instructions
105 Delegation to authorised persons
106 Power to require assistance
107 Power of inspectors to detain people
110 Warrant to inspect dwellinghouse, marae, etc
111 Entry in respect of offences
112 Duties on exercising power of entry
113 Power to record information
114A Application of articles or substances from aircraft
116 Power to seize and dispose of unauthorised goods
119 Power to seize abandoned goods
120 Power to intercept baggage, etc
121 Power to examine organisms
121A Power to apply article or substance to place
121B Prohibition or control of certain tests
124 Power to destroy organism on non-payment of fees
125 Transitional facility direction
126 Inspection of and intervention in transitional facilities and containment facilities
127 Destruction of imported organisms
130 Declaration of restricted place
131 Declaration of controlled area
132 Road blocks, cordons, check-points, etc
133 Duration of place and area declarations
134 Enforcement of area controls
140A Trust accounts for levy money payable to Director-General
141A Orders to provide for records to be kept for Director-General's levy
141B Compliance audits for Director-General's levy
141C Purpose of compliance audits for Director-General's levy
141D Power of Auditors to require production of statements and records
144 Declaration of biosecurity emergency
147 House of Representatives to be informed
148 Revocation by House of Representatives of biosecurity emergency
149 Compensation [Repealed]
150 Biosecurity emergency regulations
151 Emergency regulations to be confirmed
152 Provisional control action
153 Compensation following investigation of pests [Repealed]
Part 8
Enforcement, offences, and penalties
156 Liability of principals and agents
158 Fines to be paid to management agency instituting prosecution
159 Proceedings for infringement offences
159A Accelerated infringement notice procedure for border infringement offences
160 Payment of infringement fees
160A Procedure for certain declaration offences [Repealed]
162 Time for laying informations
Part 9
Miscellaneous provisions
163 Protection of inspectors and others
164A Procedure for giving directions or making requirements
164B Application of section 164A
164C Registration of unwanted organisms
166 General provisions as to regulations
Part 10
Savings and transitional provisions
169 Savings of Animals Act 1967 for limited administrative purposes [Repealed]
170 Savings of Plants Act 1970 for limited administrative purposes
171 Savings of Apiaries Act 1969 for limited administrative purposes [Repealed]
172 Transition of emergency proclamations
173 Transitional continuance of regulations
174 Transitional provision concerning inspectors, etc
175 Transition of quarantine appointments
176 Transition of import permits and exemptions [Repealed]
177 Transition of notices under section 13A of Animals Act 1967
178 Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer
179 Transitional control of agricultural pests [Expired]
180 Compensation for certain slaughtered animals [Expired]
181 Transitional control of plant pests [Expired]
182 Transitional control of bee diseases [Expired]
183 Transitional control of hydatids [Expired]
184A Designated as approved, or approved, ports
185 Expiration of sections 179 to 183
185A Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
Schedule 1
Matters for consideration in the preparation of proposals for pest management strategies
[Repealed]
Schedule 2
Board of inquiry procedure
Schedule 6
Orders in Council and notices revoked
Schedule 7
Regulations and orders continuing in force
Schedule 8
Approved places of first arrival in New Zealand
Schedule 9
Designated as approved, or approved, ports
An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms