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 of this Act 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 of this Act
Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996
Authority: this definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Biosecurity clearance means a clearance under section 26 of this Act 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:
Biosecurity control area: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Biosecurity control area: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
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 of this Act
Confine
[Repealed]
Confine: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
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
Containment facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Containment facility: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Controlled area means an area for the time being declared under subsection (2) of section 131 of this Act 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
Designated port of entry
[Repealed]
Designated port of entry: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
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) of this definition:
Exclusive economic zone means the zone of that name described in section 9 of the Territorial Sea and Exclusive Economic Zone Act 1977
Goods means all kinds of moveable personal property
Import, subject to section 4 of this Act, means bring within New Zealand territory from outside that territory; and imported has a corresponding meaning
Import health permit
[Repealed]
Import health permit: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Import health standard means a document issued under section 22
Import health standard: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Import health standard: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
incidentally imported new organism has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996
Inspector means a person who is appointed an inspector under section 103 of this Act
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:
Minister: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Minister: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
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 resources
[Repealed]
Natural resources: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
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:
Natural and physical resources: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
New organism has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996
New organism: this definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
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 and Exclusive Economic Zone Act 1977)
New Zealand territory: this definition was amended, as from 26 November 1997, by section 2(3) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “land and the waters”
for the word “territory”
.
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) of this section, 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) of this definition, 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:
Organism: paragraph (f) of this definition was inserted, as from 26 November 1997, by section 2(3) Biosecurity Amendment Act 1997 (1997 No 89).
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 of this Act, for the management or eradication of a particular pest or pests
Pest management strategy: this definition was amended, as from 26 November 1997, by section 2(4) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “made”
for the word “approved”
.
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
Principal officer: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Quarantine means confinement of organisms or organic material that may be harbouring pests or unwanted organisms
Quarantine: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89)
Quarantine area means a place so designated under section 41 of this Act
Quarantine facility
[Repealed]
Quarantine facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
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
Regional Council: this definition was amended, as from 1 November 1995, by section 36 Chatham Islands Council Act 1995 (1995 No 41) by omitting the word “County”
.
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 organism: this definition was repealed, as from 29 July 1998 with application to new organisms, by section 128(1)(a) Biosecurity Amendment Act 1997 (1997 No 89).
Restricted organism: a new definition was inserted, as from 29 July 1998, with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Restricted place means any place that an inspector or an authorised person has declared to be a restricted place under section 130 of this Act
Restricted place: this definition was amended, as from 26 November 1997, by section 2(5) Biosecurity Amendment Act 1997 (1997 No 89) by substituting the word “place”
for the word “premises”
.
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:
Risk goods: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Risk goods: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Road includes all bridges, culverts, and fords forming part of any road
Road: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Rule means a rule included in a pest management strategy in accordance with section 69B or section 80B
Rule: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Small-scale management programme means a small-scale management programme declared under section 100
Small-scale management programme: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
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
Threatened species: this definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
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:
Transitional facility: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Transitional facility: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Treatment
[Repealed]
Treatment: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
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:
Unauthorised goods: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Unauthorised goods: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
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
unitary authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
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:
Unwanted organism: this definition was repealed, as from 26 November 1997, by section 2(1) Biosecurity Amendment Act 1997 (1997 No 89).
Unwanted organism: a new definition was inserted, as from 26 November 1997, by section 2(2) Biosecurity Amendment Act 1997 (1997 No 89).
Unwanted organism: this definition was repealed, as from 29 July 1998, with application to new organisms, by section 128(1)(b) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
Unwanted organism: a new definition was inserted, as from 29 July 1998 with application to new organisms, by section 128(2) Biosecurity Amendment Act 1997 (1997 No 89). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220) which brought part of Schedule 4 of the Hazardous Substances and New Organisms Act 1996 into force.
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 the 20th day of December in any year and ending with the 15th day of January in the following year.
Working day: paragraph (ab) of this definition was inserted, as from 26 November 1997, by section 2(6) Biosecurity Amendment Act 1997 (1997 No 89).
(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) incidentally imported new organism: inserted, on 9 April 2008, by section 4 of the Biosecurity Amendment Act (No 2) 2008 (2008 No 21).
Subsection (4) was repealed, as from 8 July 2003, by section 3 Biosecurity Amendment Act 2003 (2003 No 38).