Reprint as at 1 October 2012

Biosecurity Act 1993

Public Act1993 No 95
Date of assent26 August 1993
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for Primary Industries.


Contents

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20 Import health permits [Repealed]

21 Criteria for issue of import health permits [Repealed]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22A Process for independent review panel to be established [Repealed]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


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