New Zealand Legislation: Acts

28 Restrictions on giving clearances

• (1) An inspector must not give a biosecurity clearance for goods that are or contain an organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996 or for a new organism.

  (1A) However, subsection (1) does not prohibit an inspector from giving a biosecurity clearance for goods the importation of which involves, or might involve, an incidentally imported new organism.

  (2) Where any new organism is an organism for which—

  • (a) the Authority has given approval for importation into containment in accordance with sections 42 or 45 of the Hazardous Substances and New Organisms Act 1996: and

  • (b) there is in existence a containment facility approved as meeting the standard set by the Authority; and

  • (c) the organism is able to go to that facility,—

  any inspector may authorise that organism to go to that containment facility.

  Section 28: substituted, on 29 July 1998, by section 130 of the Biosecurity Amendment Act 1997 (1997 No 89).

  Section 28(1A): inserted, on 9 April 2008, by section 7 of the Biosecurity Amendment Act (No 2) 2008 (2008 No 21).