New Zealand Legislation: Acts

7A Uncleared or unauthorised goods

• (1) The powers provided for in this section apply in respect of goods that are in a transitional facility or biosecurity control area (within the meaning of the Biosecurity Act 1993) that have not been cleared in accordance with sections 5 and 6 of this Act.

  (2) An ACVM officer may seize any such goods that he or she has reasonable grounds to suspect—

  • (a) do not comply with the requirements of this Act; or

  • (b) constitute a risk to public health, agricultural security, trade in or market access for primary produce, the welfare of animals, or may breach domestic food residue standards.

  (3) The Director-General may, either generally or in any particular case, give any reasonable directions as to the disposal or treatment or destruction of, or any other dealing with, any goods seized under this section; and any person may dispose of, treat, destroy, or otherwise deal with the goods accordingly.

  (4) The Director-General may offer the importer or owner of any goods imported into New Zealand and seized under this section the option of exporting or returning the goods to their place of origin provided that the importer or owner undertakes the payment of any costs associated with the export or return of the goods.

  (5) The Director-General may hold goods seized under this section in his or her custody for such period as is necessary for the importer to obtain a clearance for entry into New Zealand in accordance with sections 5 and 6. In such a case the estimated costs and expenses of the custody and maintenance of the goods must be paid in advance to the Director-General.

  (6) In exercising his or her powers under this section, the Director-General must, so far as is practicable while achieving the purposes of this Act, act in a manner that is consistent with avoiding or minimising loss to the importer or owner of the goods seized.

  (7) All costs and expenses attendant upon the custody and disposal of goods seized under this section must be borne by the owner or other person in possession of the goods immediately before their seizure, and are recoverable from that person as a debt due to the Crown.

  (8) If however satisfied that the person in possession of the seized goods was not aware that they did not comply with the requirements of this Act, the Director-General may, at his or her absolute discretion, waive or reduce the amount otherwise recoverable under subsection (7).

  Section 7A: inserted, on 18 October 2007, by section 10 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).