Biosecurity Act 1993 No 95 (as at 07 July 2010), Public Act

Reprint as at 7 July 2010

Biosecurity Act 1993

Public Act1993 No 95
Date of assent26 August 1993

Note

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


Contents

Title

1 Short Title and commencement

Part 1
Preliminary

2 Interpretation

3 Application of Act to syndromes of uncertain origin

4 Application of Act to fish and mammals taken in exclusive economic zone

5 Act binds the Crown

6 Land may include parts of boundary roads

7 Relationship with other enactments

7A Relationship with Resource Management Act 1991

Part 2
Functions, powers, and duties

Ministers

8 Responsibilities of responsible Minister

9 Powers of responsible Minister

10 Functions of Ministers in relation to proposed national pest management strategies

11 Other powers of Ministers

12 Responsible Minister may require information

Local authorities

13 Powers of regional councils

14 Powers of territorial authorities

15 Transfer of powers, etc, by local authorities

Part 3
Importation of risk goods

16 Purpose of Part 3

Arrival of craft

17 Notice of intended arrival of craft in New Zealand

18 Arrival of craft in New Zealand

19 Persons in charge of certain craft to obey directions of inspector or authorised person

Import health standards

20 Import health permits [Repealed]

21 Criteria for issue of import health permits [Repealed]

22 Import health standards

22A Process for independent review panel to be established

23 Revocation and variation of import health permits [Repealed]

24 Exemptions from requirement for import health permit [Repealed]

Clearance of risk goods

25 Goods to be cleared for entry into New Zealand

25A Organisms illegally present in New Zealand [Not in force]

26 Clearances

27 Inspector to be satisfied of certain matters

28 Restrictions on giving clearances

28A Dealing with suspected new organism

28B Biosecurity clearance for certain new organisms and qualifying organisms

29 Restricted organisms to be contained

Inspections, declarations, etc

30 Uncleared imports

30A Processing unaccompanied goods

31 Boarding of craft

32 Powers relating to craft

33 Risk goods on board craft

34 Disembarkation

35 Duties of people in biosecurity control areas

36 Movement of risk goods

37 Approval of ports as places of first arrival

37A Approval of arrival of craft at port not approved as place of first arrival

37B Suspension of approval

37C Port operators

37D Director-General to consult chief executives

38 Importers' records

39 Approval of transitional facilities and containment facilities

40 Approval of facility operators

41 Designation of quarantine area

Part 4
Surveillance and prevention

42 Purpose of Part 4

43 Duty to provide information

44 General duty to inform

45 Notifiable organisms

46 Duty to report notifiable organisms

47 Imported risk goods [Repealed]

48 Power to require information

49 Use of information

50 Identification systems

51 Duties relating to identification of organisms

52 Communication of pest or unwanted organism

53 Duties of owners of organisms

Part 5
Pest management

54 Purpose of Part 5

55 Powers for purpose of pest management strategy and small-scale management programme

National pest management strategies

56 Preparation of national pest management strategy

57 Notification of proposal by Minister

58 Request to notify national proposal

59 Minister may refuse to notify suggested strategy in certain circumstances

60 Preparation and contents of proposal for national pest management strategy

61 Funding information required in proposal

62 Notification of proposed national pest management strategy

63 Board of inquiry

64 Public notification of inquiry [Repealed]

65 Submissions to the board of inquiry [Repealed]

66 Summary of submissions, notification and conduct of hearing

67 Matters to be considered and board of inquiry's report

68 Making of national pest management strategy

69 Duties of Ministers in relation to proposed national pest management strategies

69A Contents of national pest management strategy

69B Strategy rules

69C Incorporation by reference

69D Exemption power of Minister

70 Orders to be laid before House of Representatives

Regional pest management strategies

71 Preparation of regional pest management strategy

72 Prerequisites for proposal

73 Consultation

74 Request to notify regional proposal

75 Council may refuse to notify suggested strategy in certain circumstances

76 Preparation and contents of proposal for regional pest management strategy

77 Funding information required in proposal

78 Notification of proposed regional pest management strategy

79 Hearings commissioners

79A Summary of submission, notification, and conduct of hearing

79B Regional matters to be considered and regional council's report

79C Notification of decision

79D Reference of decision on submissions to Environment Court

79E Hearing by Environment Court

79F Final consideration of regional pest management strategy

80 Regional pest management strategy to be processed like national pest management strategy [Repealed]

80A Contents of regional pest management strategy

80B Strategy rules

80C Incorporation by reference

80D Exemption power of regional council

81 Implementation of regional pest management strategy

82 Powers that may not be delegated

83 Councils may act jointly

National and regional pest management strategies

84 Management agencies

85 Operational plans

86 Compensation

87 Crown obligations

88 Duration and review of pest management strategies

88A Minor changes to strategy

89 Strategy may relate to several pests

Funding of strategies

90 Strategy may impose levy

91 Orders to be confirmed

92 Restrictions on levies

93 Contents of levy provisions in strategy

93A Trust accounts for levy money payable to management agency

94 Effect of levy

95 Financial provisions

95A Orders to provide for statements, accounts, and records to be kept

95B Compliance audits

95C Purpose of compliance audits

95D Power of Auditors to require production of statements, accounts, and records

96 Resolution of disputes

97 Regional strategy to be funded by rates

97A Approval of regional pest management strategy [Repealed]

98 Contents of rating provisions in strategy [Repealed]

99 Making and levying of rates [Repealed]

99A Funding powers of regional councils for national pest management strategies

99B Limitation on expenditure

Management of unwanted organisms present on small scale

100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms

100A Exercise of powers in respect of unwanted organism

Part 6
Administrative provisions

Appointments and delegations

101 Chief technical officers

102 Deputy chief technical officers

103 Inspectors, authorised persons, and accredited persons

104 Authorised persons to comply with instructions

105 Delegation to authorised persons

Administrative powers

106 Power to require assistance

107 Power of inspectors to detain people

108 Power to search people

109 Power of inspection

110 Warrant to inspect dwellinghouse, marae, etc

111 Entry in respect of offences

112 Duties on exercising power of entry

113 Power to record information

114 General powers

114A Application of articles or substances from aircraft

115 Use of dogs and devices

116 Power to seize and dispose of unauthorised goods

117 Expenses and compensation

118 Power to seize evidence

119 Power to seize abandoned goods

120 Power to intercept baggage, etc

121 Power to examine organisms

121A Power to apply article or substance to place

121B Prohibition or control of certain tests

122 Power to give directions

123 Power to vaccinate, etc

124 Power to destroy organism on non-payment of fees

125 Transitional facility direction

126 Inspection of and intervention in transitional facilities and containment facilities

127 Destruction of imported organisms

128 Power to act on default

129 Liens

Place and area controls

130 Declaration of restricted place

131 Declaration of controlled area

132 Road blocks, cordons, check-points, etc

133 Duration of place and area declarations

134 Enforcement of area controls

Recovery of costs

135 Options for cost recovery

136 Failure to pay

137 Levies

138 Orders to be confirmed

139 Restrictions on levies

140 Contents of levy order

140A Trust accounts for levy money payable to Director-General

141 Effect of levy order

141A Orders to provide for records to be kept for Director-General's levy

141B Compliance audits for Director-General's levy

141C Purpose of compliance audits for Director-General's levy

141D Power of Auditors to require production of statements and records

142 Resolution of disputes

Part 7
Exigency actions

143 Purpose Of Part 7

144 Declaration of biosecurity emergency

145 Emergency powers

146 Duration of emergency

147 House of Representatives to be informed

148 Revocation by House of Representatives of biosecurity emergency

149 Compensation [Repealed]

150 Biosecurity emergency regulations

151 Emergency regulations to be confirmed

152 Provisional control action

153 Compensation following investigation of pests [Repealed]

Part 8
Enforcement, offences, and penalties

154 Offences

155 Proof of permission, etc

156 Liability of principals and agents

157 Penalties

158 Fines to be paid to management agency instituting prosecution

159 Proceedings for infringement offences

159A Accelerated infringement notice procedure for border infringement offences

160 Payment of infringement fees

160A Procedure for certain declaration offences [Repealed]

161 Evidence in proceedings

162 Time for laying informations

Part 9
Miscellaneous provisions

162A Compensation

163 Protection of inspectors and others

164 Liability for goods

164A Procedure for giving directions or making requirements

164B Application of section 164A

164C Registration of unwanted organisms

165 Regulations

166 General provisions as to regulations

167 Repeals and revocations

168 Enactments amended

Part 10
Savings and transitional provisions

169 Savings of Animals Act 1967 for limited administrative purposes [Repealed]

170 Savings of Plants Act 1970 for limited administrative purposes

171 Savings of Apiaries Act 1969 for limited administrative purposes [Repealed]

172 Transition of emergency proclamations

173 Transitional continuance of regulations

174 Transitional provision concerning inspectors, etc

175 Transition of quarantine appointments

176 Transition of import permits and exemptions [Repealed]

177 Transition of notices under section 13A of Animals Act 1967

178 Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer

179 Transitional control of agricultural pests [Expired]

180 Compensation for certain slaughtered animals [Expired]

181 Transitional control of plant pests [Expired]

182 Transitional control of bee diseases [Expired]

183 Transitional control of hydatids [Expired]

184 Designated ports of entry

184A Designated as approved, or approved, ports

185 Expiration of sections 179 to 183

185A Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996

Schedule 1
Matters for consideration in the preparation of proposals for pest management strategies

[Repealed]

Schedule 2
Board of inquiry procedure

Schedule 3
Enactments repealed

Schedule 4
Enactments amended

Schedule 5
Regulations amended

Schedule 6
Orders in Council and notices revoked

Schedule 7
Regulations and orders continuing in force

Schedule 8
Approved places of first arrival in New Zealand

Schedule 9
Designated as approved, or approved, ports

Biosecurity Amendment Act (No 2) 2008

Reprint notes


An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms