Biosecurity Act 1993 No 95 (as at 09 April 2008), Public Act

22 Import health standards
  • (1) The Director-General may, following the recommendation of a chief technical officer, issue an import health standard specifying the requirements to be met for the effective management of risks associated with the importation of risk goods before those goods may be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance; and may, in a like manner, amend or revoke any import health standard so issued.

    (1A) An import health standard issued under this section applies to goods the importation of which involves, or might involve, an incidentally imported new organism.

    (2) If an import health standard requires a permit to be obtained from the Director-General before the goods can be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance, the Director-General may, if he or she thinks fit, issue the permit.

    (3) Nothing in this Act obliges the Director-General to have an import health standard in force for goods of any kind or description if, in the Director-General's opinion, the requirements that could be imposed on the importation of those goods would not be sufficient to enable the purpose of this Part to be met if the importation of those goods were permitted.

    (4) An import health standard issued under this section may apply to goods of a certain kind or description imported from—

    • (a) A country or countries specified in the import health standard; or

    • (b) Countries of a kind or description specified in the import health standard; or

    • (c) All countries; or

    • (d) A location or locations specified in the import health standard.

    (5) When making a recommendation to the Director-General in accordance with this section, the chief technical officer must have regard to the following matters:

    • (a) The likelihood that goods of the kind or description to be specified in the import health standard may bring organisms into New Zealand:

    • (b) The nature and possible effect on people, the New Zealand environment, and the New Zealand economy of any organisms that goods of the kind or description specified in the import health standard may bring into New Zealand:

    • (c) New Zealand's international obligations:

    • (d) Such other matters as the chief technical officer considers relevant to the purpose of this Part.

    (6) Before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard.

    (7) The consultation may be on the import health standard or on a document that analyses or assesses the risks associated with the goods or class of goods to which the goods belong.

    (8) Before making a recommendation to the Director-General in accordance with this section the chief technical officer must give notice of the intention to make the recommendation to the chief executive of every department of State whose responsibilities for natural resources or human health may be adversely affected by the issue, amendment, or revocation of the relevant standard.

    (9) The Director-General must maintain a register of the import health standards (as amended from time to time) issued under this section.

    (10) The register must be available for public information and inspection at the office of the Director-General during normal office hours.

    Section 22 was substituted, as from 26 November 1997, by section 13 Biosecurity Amendment Act 1997 (1997 No 89).

    Section 22(1A): inserted, on 9 April 2008, by section 5 of the Biosecurity Amendment Act (No 2) 2008 (2008 No 21).