Title
1 Short Title and commencement
Part 1
Preliminary
2 Interpretation
2A Interpretation of import
2B Interpretation of specified in relation to organisms
3 Application of Act to syndromes of uncertain origin
4 Application of Act in territorial sea
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 national plans
11 Other powers of Ministers
12 Responsible Minister may require information
Director-General
12A Director-General provides overall leadership
Local authorities
12B Regional council provides leadership regionally
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
16A General duty relating to importation
16B Duty of importers to comply with import health standards
16C Duty of importers not to abandon goods
Arrival of craft
17 Notice of craft's intended arrival 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20 Import health permits [Repealed]
21 Criteria for issue of import health permits [Repealed]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 Meaning of import health standard
22A Process for independent review panel to be established [Repealed]
23 From draft to recommendation
24 Review
24A Issue
24B Amendment, revocation, suspension, and reinstatement
24C Publication
24D Compliance
Craft risk management standards
24E Meaning of craft risk management standard
24F From draft to recommendation
24G Issue
24H Amendment, revocation, suspension, and reinstatement
24I Publication
24J Compliance
24K Craft risk management plans
Clearance of risk goods
25 Goods to be cleared for entry into New Zealand
26 Clearances by inspectors
27 Requirements for clearances
27A Post-clearance conditions on clearances
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 persons in biosecurity control areas
35A Duty of persons to remain 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 and cancellation of approval of transitional facilities and containment facilities
40 Approval and cancellation of approval of facility operators
40A Suspension of facility approval
40B Notice requirements
40C Effect of suspension and extension
40D Suspension of operator approval
40E Notice requirements
40F Effect of suspension and extension
41 Designation of quarantine area
Definitions for information-sharing provisions
41A Definitions
Interim arrangements for information sharing
41B Purpose of sections 41C to 41E
41C Interim collection of border information
41D Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
41E Interim access to border information
41F Expiry of sections 41B to 41E and agreements made under section 41E
Information sharing for joint border management
41G Collection of border information
41H Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
41I Ministry may access border information
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 this Part
55 Responsible Minister may assign responsibility for decisions
Policy direction
56 Responsible Minister provides leadership through national policy direction
57 Process for making national policy direction
58 Process for amending or revoking and replacing national policy direction
Pest management plans
National pest management plans
59 Definitions for sections 60 to 67
60 Relationship of rules and plan with law
61 First step: plan initiated by proposal
62 Second step: satisfaction on requirements
63 Third step: satisfaction with consultation or requirement of more consultation
64 Fourth step: approval of preparation of plan and decision on management agency
65 Fifth step: satisfaction on contents of plan and requirements
66 Making of plan
67 Exemptions from rules
Regional pest management plans
68 Definitions for sections 69 to 78
69 Relationship of rules with law
70 First step: plan initiated by proposal
71 Second step: satisfaction on requirements
72 Third step: satisfaction with consultation or requirement of more consultation
73 Fourth step: approval of preparation of plan and decision on management agency
74 Fifth step: satisfaction on contents of plan and requirements
75 Sixth step: decision on plan
76 Application to Environment Court about plan
77 Making of plan
78 Exemptions from rules
Pathway management plans
National pathway management plans
79 Definitions for sections 80 to 87
80 Relationship of rules and plan with laws
81 First step: plan initiated by proposal
82 Second step: satisfaction on requirements
83 Third step: satisfaction with consultation or requirement of more consultation
84 Fourth step: approval of preparation of plan and decision on management agency
85 Fifth step: satisfaction on contents of plan and requirements
86 Making of plan
87 Exemptions from rules
Regional pathway management plans
88 Definitions for sections 89 to 98
89 Relationship of rules with law
90 First step: plan initiated by proposal
91 Second step: satisfaction on requirements
92 Third step: satisfaction with consultation or requirement of more consultation
93 Fourth step: approval of preparation of plan and decision on management agency
94 Fifth step: satisfaction on contents of plan and requirements
95 Sixth step: decision on plan
96 Application to Environment Court about plan
97 Making of plan
98 Exemptions from rules
Implementation of plans
99 Definitions for sections 100 to 100G
100 Management agencies
100A Powers in Part 6
100B Operational plans
100C Duration of plans
100D Review of plans
100E Review of plans after national policy direction approved, amended, or revoked and replaced
100F Application to Environment Court if regional plan not reviewed
100G Minor changes to plans
Councils' powers and duties relating to regional plans
100H Councils' powers and duties
Compensation
100I Compensation
Funding of implementation of plans
100J Definitions for sections 100K to 100S
100K Limitation on expenditure
Funding from levy
100L Levy orders
100M Effect of order
100N Contents of order
100O Trust accounts for levy money
100P Compliance audits for levy
100Q Power of auditors to require production of documents
100R Management agency to account for levy
100S Orders to be confirmed
Funding from rates
100T Regional pest management plan or regional pathway management plan
100U National pest management plan or national pathway management plan
Small-scale management programmes
100V Regional council may declare small-scale management programme
100W Exercise of powers under programme
Part 5A
Government/industry agreement for readiness or response
100X Purpose of Part 5A
100Y Definitions for Part 5A
100Z Government/industry agreement for readiness or response
100ZA Industry organisation
100ZB Readiness or response levy orders
100ZC Effect of order
100ZD Contents of order
100ZE Trust accounts for levy money
100ZF Compliance audits for levy
100ZG Power of auditors to require production of documents
100ZH Orders to be confirmed
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
105A Call in of powers or functions
105B Appointment of auditors
105C Audits
105D Auditors' general duties
105E Auditors' powers
105F Auditors' duties relating to power of entry
Administrative powers
106 Power to require assistance
107 Power to detain for purpose of checking for uncleared risk goods
107A Power to detain for purpose of checking for unauthorised goods
107B Power to detain for public health or law enforcement purposes
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
117A Seizure and detention of goods or documents as evidence for other enactments
118 Power to seize evidence
119 Power to seize abandoned goods
120 Power to intercept risk goods
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, checkpoints, 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
Biosecurity database
142A Establishment
142B Information from local authorities
142C Access, use, or disclosure
142D Person may require Director-General not to access, use, or disclose information
142E Voluntary provision of information
Automated electronic systems
142F Arrangement for system
142G Effect of use of system
Risk profiling
142H Retention and use of information for risk profiling
Disclosure of personal information
142I Disclosure of personal information in New Zealand
142J Disclosure of personal information outside New Zealand
142K Disclosure of personal information outside New Zealand: urgent action required
Incorporation by reference
142L Definitions for sections 142M to 142S
142M Incorporation in biosecurity documents
142N Requirement to consult on proposal to incorporate material
142O Effect of amendments to, or replacement of, material incorporated
142P Proof of material incorporated
142Q Effect of expiry of material incorporated
142R Access to material incorporated
142S Effect of other enactments
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 must be informed
148 Revocation by House of Representatives of biosecurity emergency [Repealed]
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
Compliance orders
154 Scope
154A Content
154B Service
154C Compliance
154D Change or cancellation
154E Appeal to District Court
154F Appeal to High Court, Court of Appeal, or Supreme Court
154G Effect of appeal
Pecuniary penalties
154H Pecuniary penalty order
154I Liability of principals and employers
154J Amount
154K Other orders instead of or in addition to pecuniary penalty order
154L Concurrent criminal proceedings and pecuniary penalty proceedings
Offences
154M Section 154M offence
154N Section 154N offences
154O Section 154O offences
155 Proof of permission, etc
156 Liability of principals and agents
157 Penalties
158 Fines to be paid to management agency instituting prosecution [Repealed]
159 Proceedings for infringement offences other than border infringement offences
159A Accelerated infringement notice procedure for border infringement offences
160 Who gets payments of fines, fees, and pecuniary penalties
160A Procedure for certain declaration offences [Repealed]
161 Evidence in proceedings
162 Time for laying informations
Part 8A
Exclusive economic zone
162AA Definitions for this Part
162AB Application of Act in EEZ
162AC Application of Act to fish and mammals taken in EEZ
162AD Interpretation
162AE Purpose of Part 3
162AF Notice of intended arrival of craft in EEZ
162AG Arrival of craft in EEZ
162AH Persons in charge of certain craft to obey directions of inspector or authorised person
162AI Boarding of craft
162AJ Powers relating to craft
162AK Risk goods on board craft
162AL Duty to provide information
162AM General duty to inform
162AN Duty to report notifiable organisms
162AO Second step: satisfaction on requirements
162AP Fourth step: approval of preparation of plan and decision on management agency
162AQ Second step: satisfaction on requirements
162AR Fourth step: approval of preparation of plan and decision on management agency
162AS Definitions for Part 5A
162AT Declaration of controlled area
162AU Declaration of biosecurity emergency
162AV Emergency powers
162AW Provisional control action
162AX General provisions as to regulations
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
164D Consultation about regulations
165 Regulations
165A Regulations relating to definition of biosecurity-related border management function in section 41A
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
[Repealed]
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
[Spent]
Schedule 8
Approved places of first arrival in New Zealand
Schedule 9
Designated as approved, or approved, ports
Biosecurity Amendment Act (No 2) 2008
Biosecurity Law Reform Act 2012
Search and Surveillance Act 2012
Reprint notes