New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
approved means approved by the Director-General
approved identification means any method of identifying animals or animal products approved under section 50 or prescribed under this Act
arrive in New Zealand,—
(a) in relation to an aircraft, means to land (whether or not on land) in New Zealand territory after a flight originating outside New Zealand territory:
(b) in relation to any other craft, means to anchor, berth, or come ashore in New Zealand territory after a voyage originating outside New Zealand territory:
(c) in relation to a person, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory
authorised person means a person for the time being appointed an authorised person under section 103
Authority means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011
biosecurity clearance means a clearance under section 26 for the entry of goods into New Zealand
biosecurity control area means a place that is—
(a) part of a port approved as a place of first arrival in accordance with section 37(1); and
(b) by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act
border infringement offence means an infringement offence specified as a border infringement offence by regulations made under this Act
chief executive means the head of a department; and includes a chief executive appointed under the State Sector Act 1988
chief technical officer means a person appointed a chief technical officer under section 101
consultation includes actions taken before the enactment of this Act in anticipation of its enactment; and consult has a corresponding meaning
containment condition that is still operative, at any time, means a condition of a kind authorised by section 13(2)(ab)(i) of the Animals Act 1967—
(a) in the case of a condition requiring an organism to be held indefinitely, where the condition has not before that time been revoked; and
(b) in the case of a condition requiring an organism to be held for a specified period, where the period has not before that time expired; and
(c) in the case of a condition requiring an organism to be held until the happening of a specified event, where the event has not before that time happened
containment facility means a place approved in accordance with section 39 for holding organisms that should not, whether for the time being or ever, become established in New Zealand
controlled area means an area for the time being declared under subsection (2) of section 131 to be an area that is controlled for the purposes of that section
conveyance includes any craft, truck, cargo container, horse-box, wagon, cart, dray, cage, kennel, or vehicle that is or has been used for the conveyance of, or has come into contact with, any organism or organic material
costs and benefits includes costs and benefits of any kind, whether monetary or non-monetary
craft includes any aircraft, ship, boat, or other machine or vessel used or able to be used for the transportation of people or goods, or both, by air or sea
department has the same meaning as in the State Sector Act 1988
Director-General means the chief executive of the Ministry
environment includes—
(a) ecosystems and their constituent parts, including people and their communities; and
(b) all natural and physical resources; and
(c) amenity values; and
(d) the aesthetic, cultural, economic, and social conditions that affect or are affected by any matter referred to in paragraphs (a) to (c)
exclusive economic zone means the zone of that name described in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
goods means all kinds of moveable personal property
import, subject to section 4, means bring within New Zealand territory from outside that territory; and imported has a corresponding meaning
import health standard means a document issued under section 22
incidentally imported new organism has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996
infringement fee means the amount prescribed by regulations made under this Act as the infringement fee for an infringement offence
infringement offence means an offence prescribed by regulations made under this Act as an infringement offence
inspector means a person who is appointed an inspector under section 103
local authority means a regional council or territorial authority
management agency means the department, authority, or body corporate specified in a pest management strategy as the agency given the task of implementing the strategy
marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated
Minister means a Minister of the Crown; and
(a) in relation to a national pest management strategy, means the Minister who recommended the making of the order under section 68 making the strategy; and
(b) in relation to a proposal for a national pest management strategy that has been notified, means the Minister who notified the proposal
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
natural and physical resources means—
(a) organisms of all kinds; and
(b) the air, water, and soil in or on which any organism lives or may live; and
(c) landscape and land form; and
(d) geological features; and
(e) structures of all kinds; and
(f) systems of interacting living organisms and their environment
new organism has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996
New Zealand territory means the land and the waters enclosed by the outer limits of the territorial sea (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)
occupier,—
(a) in relation to any place physically occupied by any person, means that person; and
(b) in relation to any other place, means the owner of the place; and
(c) in relation to any place, includes any agent, employee, or other person, acting or apparently acting in the general management or control of the place
organic material, subject to subsection (2), means any material that is or contains—
(a) material derived from an organism; or
(b) an excretion or secretion of an organism,—
(whether or not it also contains material derived from a human being or contains the secretions of a human being)
organism—
(a) does not include a human being or a genetic structure derived from a human being:
(b) includes a micro-organism:
(c) subject to paragraph (a), includes a genetic structure that is capable of replicating itself (whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity):
(d) includes an entity (other than a human being) declared by the Governor-General by Order in Council to be an organism for the purposes of this Act:
(e) includes a reproductive cell or developmental stage of an organism:
(f) includes any particle that is a prion
other department means a department of State other than the Ministry
other Minister means a Minister other than the responsible Minister
person includes the Crown, a corporation sole, and a body of persons (whether corporate or unincorporate)
pest means an organism specified as a pest in a pest management strategy
pest agent, in relation to any pest, means any organism capable of—
(a) helping the pest replicate, spread, or survive; or
(b) interfering with the management of the pest
pest management strategy and strategy mean a strategy, made under Part 5, for the management or eradication of a particular pest or pests
place includes any building, conveyance, craft, land, or structure, and the bed and waters of the sea and any canal, lake, pond, river, or stream
port includes an airport, anchorage, harbour, and wharf
prescribed means prescribed by regulations made under this Act
principal officer means,—
(a) in relation to a regional council, its chief executive; and
(b) in relation to a region, the chief executive of the region's regional council;—
and includes an acting chief executive
quarantine means confinement of organisms or organic material that may be harbouring pests or unwanted organisms
quarantine area means a place so designated under section 41
reasonable charge means a charge calculated by the Director-General having regard to the direct and indirect costs of performing the activity concerned
region, in relation to a unitary authority, means the region in respect of which it has the functions, duties, and powers of a regional council
regional council includes the Chatham Islands Council and a unitary authority
regulations means regulations made under this Act
responsible Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
restricted organism means any organism for which a containment approval has been granted in accordance with the Hazardous Substances and New Organisms Act 1996 (including any approval deemed to have been granted under sections 254(1), 254(3), 254(8)(a), 255(1), 255(2), 256, 258(1), and 258(3))
restricted place means any place that an inspector or an authorised person has declared to be a restricted place under section 130
risk goods means any organism, organic material, or other thing, or substance, that (by reason of its nature, origin, or other relevant factors) it is reasonable to suspect constitutes, harbours, or contains an organism that may—
(a) cause unwanted harm to natural and physical resources or human health in New Zealand; or
(b) interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms
road includes all bridges, culverts, and fords forming part of any road
rule means a rule included in a pest management strategy in accordance with section 69B or section 80B
small-scale management programme means a small-scale management programme declared under section 100
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
threatened species includes any species within the meaning given to the terms extinct in the wild, critically endangered, endangered, and vulnerable by the International Union for Conservation of Nature and Natural Resources
transitional facility means:
(a) any place approved as a transitional facility in accordance with section 39 for the purpose of inspection, storage, treatment, quarantine, holding, or destruction of uncleared goods; or
(b) a part of a port declared to be a transitional facility in accordance with section 39
unauthorised goods means any goods that are—
(a) uncleared goods in a place that is not a transitional facility or a biosecurity control area (other than goods that, in accordance with the authority of an inspector, are—
(i) proceeding from a transitional facility or a biosecurity control area to a transitional facility, biosecurity control area, or a containment facility; or
(ii) being exported from New Zealand); or
(b) uncleared goods that are in a transitional facility or a biosecurity control area to which those goods proceeded, other than in accordance with the authority of an inspector, from some other transitional facility, or biosecurity control area, and have not later received the authority of an inspector to remain there; or
(c) goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or
(d) a restricted organism in a place that is not a containment facility (other than an organism that,—
(i) in accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or
(ii) is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or
(iii) in accordance with the authority of an inspector, is being exported from New Zealand); or
(e) a restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there
uncleared goods means imported goods for which no biosecurity clearance has been given
unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002
unwanted organism means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health; and
(a) includes—
(i) any new organism, if the Authority has declined approval to import that organism; and
(ii) any organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996; but
(b) does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996, unless—
(i) the organism is an organism which has escaped from a containment facility; or
(ii) a chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health
working day means any day except—
(a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(ab) the day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and
(b) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
(2) No goods are an organic material by virtue only of being or containing cardboard, coal, paper, petroleum oil, or a substance derived from coal or petroleum oil.
(3) For the purposes of this Act any organism may be specified, whether in a pest management strategy or for any other purpose, by reference to—
(a) its scientific name; or
(b) the name of a disease it causes; or
(c) both.
(4) [Repealed]
Section 2(1) Authority: substituted, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).
Section 2(1) biosecurity control area: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) border infringement offence: inserted, on 22 April 2010, by section 4 of the Biosecurity Amendment Act 2009 (2009 No 66).
Section 2(1) confine: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) containment facility: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) designated port of entry: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) exclusive economic zone: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) import health permit: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) import health standard: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) incidentally imported new organism: inserted, on 9 April 2008, by section 4 of the Biosecurity Amendment Act (No 2) 2008 (2008 No 21).
Section 2(1) infringement fee: inserted, on 22 April 2010, by section 4 of the Biosecurity Amendment Act 2009 (2009 No 66).
Section 2(1) infringement offence: inserted, on 22 April 2010, by section 4 of the Biosecurity Amendment Act 2009 (2009 No 66).
Section 2(1) Minister: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) natural and physical resources: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) natural resources: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) new organism: inserted, on 29 July 1998, by section 128(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) New Zealand territory: amended, on 26 November 1997, by section 2(3)(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) New Zealand territory: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) organism paragraph (f): added, on 26 November 1997, by section 2(3)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) pest management strategy and strategy: amended, on 26 November 1997, by section 2(4) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) principal officer: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) quarantine: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) quarantine facility: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) regional council: amended, on 1 November 1995, by section 36 of the Chatham Islands Council Act 1995 (1995 No 41).
Section 2(1) restricted organism: substituted, on 29 July 1998, by section 128(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) restricted place: amended, on 26 November 1997, by section 2(5) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) risk goods: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) road: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) rule: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) small-scale management programme: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) threatened species: inserted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) transitional facility: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) treatment: repealed, on 26 November 1997, by section 2(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) unauthorised goods: substituted, on 26 November 1997, by section 2(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) unitary authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) unwanted organism: substituted, on 29 July 1998, by section 128(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(1) working day paragraph (ab): inserted, on 26 November 1997, by section 2(6) of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 2(4): repealed, on 8 July 2003, by section 3 of the Biosecurity Amendment Act 2003 (2003 No 38).
