Reprint as at 1 July 2016

Coat of Arms of New Zealand

Biosecurity Act 1993

Public Act
 
1993 No 95
Date of assent
 
26 August 1993
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

Title
1Short Title and commencement
2Interpretation
2AInterpretation of import
2BInterpretation of specified in relation to organisms
3Application of Act to syndromes of uncertain origin
4Application of Act in territorial sea
5Act binds the Crown
6Land may include parts of boundary roads
7Relationship with other enactments
7ARelationship with Resource Management Act 1991
7BRelationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7CPublic notice of decision to exempt action
7DRegulations may continue exemption
7EBorder information supplied using JBMS must be supplied in approved form and manner
7FDuty to use JBMS to supply border information to Ministry
8Responsibilities of responsible Minister
9Powers of responsible Minister
10Functions of Ministers in relation to national plans
11Other powers of Ministers
12Responsible Minister may require information
12ADirector-General provides overall leadership
12BRegional council provides leadership regionally
13Powers of regional councils
14Powers of territorial authorities
15Transfer of powers, etc, by local authorities
16Purpose of Part 3
16AGeneral duty relating to importation
16BDuty of importers to comply with import health standards
16CDuty of importers not to abandon goods
17Notice of craft’s intended arrival in New Zealand
17AInward cargo report
18Arrival of craft in New Zealand
19Persons in charge of certain craft to obey directions of inspector or authorised person
20Import health permits [Repealed]
21Criteria for issue of import health permits [Repealed]
22Meaning of import health standard
22AProcess for independent review panel to be established [Repealed]
23From draft to recommendation
24Review
24AIssue
24BAmendment, revocation, suspension, and reinstatement
24CPublication
24DCompliance
24EMeaning of craft risk management standard
24FFrom draft to recommendation
24GIssue
24HAmendment, revocation, suspension, and reinstatement
24IPublication
24JCompliance
24KCraft risk management plans
25Goods to be cleared for entry into New Zealand
26Clearances by inspectors
27Requirements for clearances
27APost-clearance conditions on clearances
28Restrictions on giving clearances
28ADealing with suspected new organism
28BBiosecurity clearance for certain new organisms and qualifying organisms
29Restricted organisms to be contained
30Uncleared imports
30AProcessing unaccompanied goods
31Boarding of craft
32Powers relating to craft
33Risk goods on board craft
34Disembarkation
35Duties of persons in biosecurity control areas
35ADuty of persons to remain in biosecurity control areas
36Movement of risk goods
37Approval of ports as places of first arrival
37AApproval of arrival of craft at port not approved as place of first arrival
37BSuspension of approval
37CPort operators
37DDirector-General to consult chief executives
38Importers’ records
39Approval and cancellation of approval of transitional facilities and containment facilities
40Approval and cancellation of approval of facility operators
40ASuspension of facility approval
40BNotice requirements
40CEffect of suspension and extension
40DSuspension of operator approval
40ENotice requirements
40FEffect of suspension and extension
41Designation of quarantine area
41ADefinitions
41BPurpose of sections 41C to 41E
41CInterim collection of border information
41DRequirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
41EInterim access to border information
41FExpiry of sections 41B to 41E and agreements made under section 41E
41GAAApplication of sections 41G to 41I
41GCollection of border information
41HRequirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
41IMinistry may access border information
42Purpose of Part 4
43Duty to provide information
44General duty to inform
45Notifiable organisms
46Duty to report notifiable organisms
47Imported risk goods [Repealed]
48Power to require information
49Use of information
50Identification systems
51Duties relating to identification of organisms
52Communication of pest or unwanted organism
53Duties of owners of organisms
54Purpose of this Part
55Responsible Minister may assign responsibility for decisions
56Responsible Minister provides leadership through national policy direction
57Process for making national policy direction
58Process for amending or revoking and replacing national policy direction
59Definitions for sections 60 to 67
60Relationship of rules and plan with law
61First step: plan initiated by proposal
62Second step: satisfaction on requirements
63Third step: satisfaction with consultation or requirement of more consultation
64Fourth step: approval of preparation of plan and decision on management agency
65Fifth step: satisfaction on contents of plan and requirements
66Making of plan
67Exemptions from rules
68Definitions for sections 69 to 78
69Relationship of rules with law
70First step: plan initiated by proposal
71Second step: satisfaction on requirements
72Third step: satisfaction with consultation or requirement of more consultation
73Fourth step: approval of preparation of plan and decision on management agency
74Fifth step: satisfaction on contents of plan and requirements
75Sixth step: decision on plan
76Application to Environment Court about plan
77Making of plan
78Exemptions from rules
79Definitions for sections 80 to 87
80Relationship of rules and plan with laws
81First step: plan initiated by proposal
82Second step: satisfaction on requirements
83Third step: satisfaction with consultation or requirement of more consultation
84Fourth step: approval of preparation of plan and decision on management agency
85Fifth step: satisfaction on contents of plan and requirements
86Making of plan
87Exemptions from rules
88Definitions for sections 89 to 98
89Relationship of rules with law
90First step: plan initiated by proposal
91Second step: satisfaction on requirements
92Third step: satisfaction with consultation or requirement of more consultation
93Fourth step: approval of preparation of plan and decision on management agency
94Fifth step: satisfaction on contents of plan and requirements
95Sixth step: decision on plan
96Application to Environment Court about plan
97Making of plan
98Exemptions from rules
99Definitions for sections 100 to 100G
100Management agencies
100APowers in Part 6
100BOperational plans
100CDuration of plans
100DReview of plans
100EReview of plans after national policy direction approved, amended, or revoked and replaced
100FApplication to Environment Court if regional plan not reviewed
100GMinor changes to plans
100HCouncils’ powers and duties
100ICompensation
100JDefinitions for sections 100K to 100S
100KLimitation on expenditure
100LLevy orders
100MEffect of order
100NContents of order
100OTrust accounts for levy money
100PCompliance audits for levy
100QPower of auditors to require production of documents
100RManagement agency to account for levy
100SOrders are confirmable instruments
100TRegional pest management plan or regional pathway management plan
100UNational pest management plan or national pathway management plan
100VRegional council may declare small-scale management programme
100WExercise of powers under programme
100XPurpose of Part 5A
100YDefinitions for Part 5A
100ZGovernment/industry agreement for readiness or response
100ZAIndustry organisation
100ZBReadiness or response levy orders
100ZCEffect of order
100ZDContents of order
100ZETrust accounts for levy money
100ZFCompliance audits for levy
100ZGPower of auditors to require production of documents
100ZHOrders are confirmable instruments
101Chief technical officers
102Deputy chief technical officers
103Inspectors, authorised persons, and accredited persons
104Authorised persons to comply with instructions
105Delegation to authorised persons
105ACall in of powers or functions
105BAppointment of auditors
105CAudits
105DAuditors’ general duties
105EAuditors’ powers
105FAuditors’ duties relating to power of entry
106Power to require assistance
107Power to detain for purpose of checking for uncleared risk goods
107APower to detain for purpose of checking for unauthorised goods
107BPower to detain for public health or law enforcement purposes
108Power to search people
109Power of inspection
110Warrant to inspect dwellinghouse, marae, etc
111Entry in respect of offences
112Duties on exercising power of entry
113Power to record information
114General powers
114AApplication of articles or substances from aircraft
115Use of dogs and devices
116Power to seize and dispose of unauthorised goods
117Expenses and compensation
117ASeizure and detention of goods or documents as evidence for other enactments
118Power to seize evidence
119Power to seize abandoned goods
120Power to intercept risk goods
121Power to examine organisms
121APower to apply article or substance to place
121BProhibition or control of certain tests
122Power to give directions
123Power to vaccinate, etc
124Power to destroy organism on non-payment of fees
125Transitional facility direction
126Inspection of and intervention in transitional facilities and containment facilities
127Destruction of imported organisms
128Power to act on default
129Liens
130Declaration of restricted place
131Declaration of controlled area
132Road blocks, cordons, checkpoints, etc
133Duration of place and area declarations
134Enforcement of area controls
135Options for cost recovery
136Failure to pay
137Levies
138Orders are confirmable instruments
139Restrictions on levies
140Contents of levy order
140AALevies for recovering border processing costs
140ABContents of border processing levy order
140ATrust accounts for levy money payable to Director-General
141Effect of levy order
141AOrders to provide for records to be kept for Director-General’s levy
141BCompliance audits for Director-General’s levy
141CPurpose of compliance audits for Director-General’s levy
141DPower of auditors to require production of statements and records
142Resolution of disputes
142AEstablishment
142BInformation from local authorities
142CAccess, use, or disclosure
142DPerson may require Director-General not to access, use, or disclose information
142EVoluntary provision of information
142FArrangement for system
142GEffect of use of system
142HRetention and use of information for risk profiling
142IDisclosure of personal information in New Zealand
142JDisclosure of personal information outside New Zealand
142KDisclosure of personal information outside New Zealand: urgent action required
142LDefinitions for sections 142M to 142S
142MIncorporation in biosecurity documents
142NRequirement to consult on proposal to incorporate material
142OEffect of amendments to, or replacement of, material incorporated
142PProof of material incorporated
142QEffect of expiry of material incorporated
142RAccess to material incorporated
142SEffect of other enactments
143Purpose of Part 7
144Declaration of biosecurity emergency
145Emergency powers
146Duration of emergency
147House of Representatives must be informed
148Revocation by House of Representatives of biosecurity emergency [Repealed]
149Compensation [Repealed]
150Biosecurity emergency regulations
151Emergency regulations are confirmable instruments
152Provisional control action
153Compensation following investigation of pests [Repealed]
154Scope
154AContent
154BService
154CCompliance
154DChange or cancellation
154EAppeal to District Court
154FAppeal to High Court, Court of Appeal, or Supreme Court
154GEffect of appeal
154HPecuniary penalty order
154ILiability of principals and employers
154JAmount
154KOther orders instead of or in addition to pecuniary penalty order
154LConcurrent criminal proceedings and pecuniary penalty proceedings
154MSection 154M offence
154NSection 154N offences
154NASection 154NA offence relating to failure to update information supplied in advance
154OSection 154O offences
155Proof of permission, etc
156Liability of principals and agents
157Penalties
158Fines to be paid to management agency instituting prosecution [Repealed]
159Proceedings for infringement offences other than border infringement offences
159AAccelerated infringement notice procedure for border infringement offences
160Who gets payments of fines, fees, and pecuniary penalties
160AProcedure for certain declaration offences [Repealed]
161Evidence in proceedings
162Time for filing charging document for certain offences
162AADefinitions for this Part
162ABApplication of Act in EEZ
162ACApplication of Act to fish and mammals taken in EEZ
162ADInterpretation
162AEPurpose of Part 3
162AFNotice of intended arrival of craft in EEZ
162AGArrival of craft in EEZ
162AHPersons in charge of certain craft to obey directions of inspector or authorised person
162AIBoarding of craft
162AJPowers relating to craft
162AKRisk goods on board craft
162ALDuty to provide information
162AMGeneral duty to inform
162ANDuty to report notifiable organisms
162AOSecond step: satisfaction on requirements
162APFourth step: approval of preparation of plan and decision on management agency
162AQSecond step: satisfaction on requirements
162ARFourth step: approval of preparation of plan and decision on management agency
162ASDefinitions for Part 5A
162ATDeclaration of controlled area
162AUDeclaration of biosecurity emergency
162AVEmergency powers
162AWProvisional control action
162AXGeneral provisions as to regulations
162ACompensation
163Protection of inspectors and others
164Liability for goods
164AProcedure for giving directions or making requirements
164BApplication of section 164A
164CRegistration of unwanted organisms
164DConsultation about regulations
165Regulations
165ARegulations relating to definition of Ministry-related border management function in section 41A(1)
166General provisions as to regulations
167Repeals and revocations
168Enactments amended
169Savings of Animals Act 1967 for limited administrative purposes [Repealed]
170Savings of Plants Act 1970 for limited administrative purposes
171Savings of Apiaries Act 1969 for limited administrative purposes [Repealed]
172Transition of emergency proclamations
173Transitional continuance of regulations
174Transitional provision concerning inspectors, etc
175Transition of quarantine appointments
176Transition of import permits and exemptions [Repealed]
177Transition of notices under section 13A of Animals Act 1967
178Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer
179Transitional control of agricultural pests [Expired]
180Compensation for certain slaughtered animals [Expired]
181Transitional control of plant pests [Expired]
182Transitional control of bee diseases [Expired]
183Transitional control of hydatids [Expired]
184Designated ports of entry
184ADesignated as approved, or approved, ports
185Expiration of sections 179 to 183
185AOrganisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
[Repealed]
[Repealed]
[Spent]
Reprint notes

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