Cook Islands Plant Quarantine Regulations 1955

  • revoked
  • Cook Islands Plant Quarantine Regulations 1955: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Reprint
as at 20 September 2007

Cook Islands Plant Quarantine Regulations 1955

(SR 1955/69)

  • Cook Islands Plant Quarantine Regulations 1955: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Island Territories.


PURSUANT to the Cook Islands Act 1915, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1
  • (1) These regulations may be cited as the Cook Islands Plant Quarantine Regulations 1955.

    (2) These regulations shall come into force in the Cook Islands (other than Niue) on the day after the date on which they are first publicly notified (in such manner as he thinks fit) by the Resident Commissioner of Rarotonga.

    (3) These regulations shall come into force in the Island of Niue on the day after the date on which they are first publicly notified (in such manner as he thinks fit) by the Resident Commissioner of Niue.

2
  • (1) In these regulations, unless the context otherwise requires,—

    Country or place of origin means the country or place in which any fruit or plant was produced, raised, or grown

    Disease means any form of fungus, bacterium, or virus, or any living stage of any invertebrate animal, which may directly or indirectly injure or cause an unhealthy condition in any fruit or plant; and diseased has a corresponding meaning

    Fruit means the edible product of any plant; and includes the peel, skin, or shell of that product, and also the seeds of any plant, whether or not the fruit is attached to the plant

    Nursery stock means every kind and species of plant, including bud wood, scions, and other portions of a plant; but does not include potatoes and other vegetables, fruit, seeds, or the bulb, corm, rhizome, or tuber of any ornamental plant, a unit of which when propagated produces a single plant

    Plant means any tree, flower, shrub, vegetable, or other vegetation; and includes the seed, spore, or any portion of any such plant

    Plant Quarantine Officer means an officer of the Cook Islands Administration for the time being appointed by the Administrator to carry out the duties of a Plant Quarantine Officer under these regulations

    Resident Commissioner means the Resident Commissioner of Rarotonga or the Resident Commissioner of Niue, as the case may require; and includes any officer of the Administration or other person acting under the authority of the Resident Commissioner for the purposes of these regulations

    Stored product means any dried fruit, grain, edible nuts, or other plant product used or intended for use for any purpose other than sowing, planting, or propagation; but does not include fresh fruit or vegetables or any plant product which has been subjected to any process of manufacture.

    (2) A certificate under the hand of the Resident Commissioner as to whether or not any insect or disease is known or believed to exist in any country shall, in the absence of proof to the contrary, be sufficient evidence of any such fact stated in the certificate.

3
  • Except as provided in subclause (5) of regulation 16 hereof, where pursuant to these regulations a health certificate is required to accompany any consignment of fruit, plants, nursery stock, or seed that may by these regulations be introduced into the Cook Islands, that certificate shall be in or to the effect of form No 1 in Schedule 1 hereto, and shall be signed by an authorized officer of the appropriate department or service performing the functions or duties relating to horticulture in the country or place of origin, and shall contain such further certificates as may by these regulations be required to be included in the said form in respect of the introduction from the country or place of origin of the particular kind of plant or plant product to which the certificate relates.

Prohibited imports

4
  • (1) No person shall introduce into the Cook Islands—

    • (a) Any form of fungus, bacterium, or virus, or any living stage of any invertebrate animal, which may directly or indirectly injure or cause an unhealthy condition in any fruit or plant:

    • (b) Any fruit, plant, or seed named or described in Schedule 2 hereto, directly or indirectly, from any country or place named or described and set opposite the name or description of that fruit, plant, or seed in the said Schedule.

    (2) Without limiting the provisions of subclause (1) of this regulation, it is hereby declared that it shall not be lawful for any passenger, officer, or member of the crew of any ship or aircraft, or any member of any naval, military, or air force, to introduce into the Cook Islands as part of his baggage or personal effects any fruit or plant unless all the provisions of these regulations have been duly complied with in respect of the fruit or plant.

5
  • No person shall introduce into the Cook Islands any fruit, plant, or seed, the introduction of which is permitted by these regulations, otherwise than in accordance with the provisions of these regulations, or of any stipulation, permit, or condition given or imposed under these regulations.

6
  • (1) Except as otherwise provided in these regulations, or with the consent of the Resident Commissioner, no person shall introduce into the Cook Islands any soil, sand, clay, or earth, whether by itself, or on or around or with any plant or plant material, or as packing in any form, or as ballast for any aircraft, ship, or vessel, or on or with or adhering to any goods whatsoever.

    (2) Notwithstanding the provisions of subclause (1) of this regulation, clean sand may be used as ballast for any aircraft arriving in the Cook Islands, but if so used as ballast, or if any soil, sand, clay, or earth is used as ballast for any ship or vessel, it shall not be lawful for the owner of that aircraft, ship, or vessel to remove or discharge any such ballast therefrom without the permission of a Plant Quarantine Officer or otherwise than in accordance with such conditions as he may specify in granting such permission.

Ports and airports of entry

7
  • (1) The following ports and airports are hereby appointed to be the only ports and airports of entry for such fruit, vegetables, stored products, plants, seed, and nursery stock as may be introduced into the Cook Islands under these regulations, that is to say—

    • (a) The ports of Rarotonga, Aitutaki, and Alofi:

    • (b) The airports of Rarotonga and Aitutaki.

    (2) In addition to the ports and airports of entry for fruit and plants appointed by this regulation, the Resident Commissioner may from time to time by public notice appoint any other port or airport named in the notice to be a port or airport of entry for fruit or plants or any specified fruit or plant named in the notice.

Admission of bulbs, corms, rhizomes, and tubers of ornamental plants

8
  • (1) Subject to the provisions of these regulations, bulbs, corms, rhizomes, and tubers of any ornamental plant may be introduced into the Cook Islands from any country or place:

    Provided that the bulbs, corms, rhizomes, and tubers named in schedule 2 hereto shall not be introduced from the countries or places set opposite the names of those bulbs, corms, rhizomes, and tubers in that schedule.

    (2) Every consignment of bulbs, corms, rhizomes, or tubers introduced into the Cook Islands under this regulation shall be accompanied by a health certificate.

    (3) Where on inspection of any such consignment for the purpose of supplying the health certificate referred to in subclause (2) of this regulation the inspecting officer of the country of origin has found the consignment to contain any insect pest, the certificate shall include particulars of the date, place, and nature of the treatment to which the consignment has been subjected so as effectively to destroy the insect pest.

Admission of stored products

9
  • Subject to the provisions of these regulations, stored products may be introduced into the Cook Islands from any country or place without being accompanied by a health certificate.

Admission of fruit (including tomatoes)

10
  • (1) This regulation applies to all fruit (including tomatoes) except fruit of a specified kind or from a specified country or place in respect of which other provision is made by these regulations.

    (2) Subject to the provisions of these regulations, all fruit to which this regulation applies may be introduced into the Cook Islands from any country or place except—

    • (a) Any country or place where oriental fruit fly (Dacus dorsalis) is known to exist; or

    • (b) Any country or place where any other harmful species of fruit fly (family Trypetidae) is known to exist.

    (3) Every consignment of fruit to which this regulation applies and which is introduced into the Cook Islands under this regulation shall be accompanied by a health certificate, which shall include a certificate to the effect that the consignment is packed in clean new packages not previously used for any purpose.

Coconuts

11
  • No person shall introduce coconuts into the Cook Islands for consumption unless—

    • (a) The consignment is accompanied by a certificate to the effect that the coconuts were fumigated with methyl bromide at the time of shipment; or

    • (b) The coconuts are so fumigated at destination before delivery.

12
  • (1) Subject to the provisions of these regulations, coconuts for planting as seed coconuts may be introduced into the Cook Islands from any country or place.

    (2) Every person desiring to introduce any seed coconuts under this regulation shall first obtain a permit from the Resident Commissioner authorizing their introduction, and the Resident Commissioner may grant the permit subject to such conditions as he thinks fit, including a condition requiring their detention in quarantine for a period of twelve months or one growing season after their introduction before being released therefrom.

    (3) The quantity of seed coconuts of any one variety that may be introduced into the Cook Islands in any calendar year by any person under this regulation shall not exceed twenty nuts.

    (4) Every consignment of seed coconuts introduced into the Cook Islands under this regulation shall be accompanied by a health certificate, which shall include a certificate to the effect that the diseases specified in subclause (5) of this regulation do not occur in the place of origin, that the seed coconuts are free from soil, and the consignment is packed in clean new packages not previously used for any purpose.

    (5) The diseases referred to in subclause (4) of this regulation are as follows:

    Bronze leaf wiltArtona catoxantha.
    Scale insects- 
     Brontispa beetleBrontispa mariana.
     Rhinoceros beetleOryctes rhinoceros.
     Fijian coconut mothLevuana iridescens BB
      Agonoxena argaula Meyr
      Aspidiotus destructor Sign
      Promecotheca reichi Baly
      Tirathaba trichogramma Meyr

Grapes

13
  • (1) Subject to the provisions of these regulations, grapes may be introduced into the Cook Islands from any country or place except any country or place where oriental fruit fly (Dacus dorsalis) is known to exist.

    (2) Every consignment of grapes introduced into the Cook Islands under this regulation shall be accompanied by a health certificate, which shall include a certificate to the effect that the fruit was grown and packed in an area not less than fifty miles from an area infested with any species of harmful fruit fly (family Trypetidae), that no grape vine foliage or wood is attached to the fruit, and that the fruit is packed in clean new packages not previously used for any purpose.

Admission of vegetables (excluding tomatoes)

14
  • (1) This regulation applies to all vegetables except any vegetable of a specified kind in respect of which other provision is made by these regulations.

    (2) Subject to the provisions of these regulations, all vegetables to which this regulation applies may be introduced into the Cook Islands from any country or place except any country or place where oriental fruit fly (Dacus dorsalis) is known to exist.

    (3) Every consignment of vegetables to which this regulation applies and which is introduced into the Cook Islands under this regulation shall be accompanied by a health certificate, which shall include a certificate to the effect that the consignment is packed in clean new packages not previously used for any purpose and that the vegetables are reasonably free from soil.

    (4) Every consignment of vegetables of the Brassica family shall be accompanied by an additional declaration that the plants are free from diamond-backed moth (Plutella maculipennis) and cabbage white butterfly (Pieris rapae), or that they have been so treated as to destroy those diseases, the method of treatment to be stated in the declaration.

Admission of nursery stock

15
  • (1) Subject to the provisions of these regulations, nursery stock may be introduced into the Cook Islands from any country or place:

    Provided that the nursery stock named in Schedule 2 hereto shall not be introduced from the countries or places set opposite the name of that nursery stock in the said Schedule.

    (2) Every person desiring to introduce nursery stock under this regulation shall first obtain a permit from the Resident Commissioner authorizing introduction subject to such conditions as he thinks fit, including a condition requiring detention of the nursery stock in quarantine for a period of not less than one growing season or twelve months from the date of planting after entry into quarantine before being released therefrom:

    Provided that the Resident Commissioner may from time to time by public notice authorize the introduction without a permit under this subclause of such nursery stock as he may specify in that behalf in the notice.

    (3) Each species of plant included in any consignment of nursery stock introduced into the Cook Island under this regulation shall be labelled with the name of that species and the consignment shall be accompanied by a health certificate.

Admission of seeds

16
  • (1) Subject to the provisions of these regulations, the seed of any plant may be introduced into the Cook Islands from any country or place:

    Provided that the seed of the plants named in Schedule 2 hereto shall not be introduced from the countries or places set opposite the name of that seed in the said Schedule.

    (2) Every consignment of seed introduced into the Cook Islands under this regulation shall be accompanied by a health certificate and an additional declaration that the seed is free from weed seeds.

    (3) The health certificate required by this regulation to accompany all seed introduced into the Cook Islands under this regulation shall in the case of every consignment of maize, sweetcorn, or popcorn seed (Zea mays L) include a certificate to the effect that the crop from which the seed was obtained was inspected by an authorized officer of the appropriate department or service performing the functions or duties relating to horticulture in the country or place of origin of the seed, that no bacterial wilt [Xanthomonas stewarti (Sm) Dow] was found in the crop, nor has this disease been previously recorded on the area on which the crop was grown, and that the seed has been treated for the control of boil smut (Ustilago zeae) and brown spot (Physoderma zeae-maydis) prior to shipment with an organic mercurial seed treatment or some other effective method of treatment for those diseases to be stated in the certificate.

    (4) If the health certificate accompanying any consignment of maize, sweetcorn, or popcorn seed (Zea mays) introduced into the Cook Islands under this regulation does not include a certificate to the effect that the seed has been treated for the control of boil smut (Ustilago zeae) and brown spot (Physoderma zeae-maydis) as required by subclause (3) of this regulation, the consignment shall be subjected to similar treatment for the control of those diseases at the port or airport of entry pursuant to regulation 25 hereof.

    (5) Notwithstanding the provisions of regulation 3 hereof, if the country or place of export of any seed other than maize, sweetcorn, and popcorn seed (Zea mays) introduced into the Cook Islands under this regulation is not the country or place of origin of that seed, the health certificate required by this regulation to accompany every consignment of that seed may be signed by an authorized officer of the appropriate department or service performing the functions or duties relating to horticulture in the country or place from which the seed is exported.

    (6) Where any consignment of seed should, in the opinion of the Plant Quarantine Officer at the port or airport of entry, be fumigated or otherwise treated, he shall deal with the consignment as provided in regulation 23 hereof.

Packing material

17
  • (1) No person shall use as packing material for any nursery stock, plants, and seeds introduced into the Cook Islands under these regulations any substance other than moss, ground cork, woodwool, vermiculite, charcoal, or vegetable fibre free from pulp (not including forest litter):

    Provided that any such substance when used as packing material under this regulation shall be clean and free from disease.

    (2) No person shall import into the Cook Islands any hay, straw, or chaff, save with the consent of the Resident Commissioner, except where that introduction takes place in accordance with these regulations:

    Provided that this regulation shall not apply to any articles of millinery, or other articles constructed wholly or partly of braided, interwoven, or plaited straw.

    (3) Hay, straw, or chaff used as packing material for goods manufactured and packed in Great Britain may be imported upon production to the Collector of Customs at the port of entry of a certificate or declaration, either on or with the invoice from the exporter or packer, countersigned as correct by a responsible officer appointed by the High Commissioner for New Zealand for the purpose, to the effect the hay, straw, or chaff used has been either—

    • (a) Subjected to the action of live steam, maintaining in all parts of the compartment a temperature of not less than 185° F for a period of at least ten minutes; or

    • (b) Placed loosely in a tight compartment having a temperature of not less than 65° F, and thoroughly sprayed with 10 fluid ounces of formaldehyde solution (containing not less than 37 per cent of formaldehyde by weight) for each 1,000 cubic feet of space in the compartment, which was immediately closed in a manner to prevent the escape of formaldehyde vapour, and kept closed for not less than eight hours; or

    • (c) Placed loosely in a tight compartment and subjected to the action of heat in the presence of moisture at a temperature of not less than 260° F, and maintaining this temperature throughout the whole of the chamber for a period of not less than two hours.

Garbage disposal

18
  • No person shall dispose of any garbage from an aircraft or ship arriving in the Cook Islands from an overseas country except by burning it in an incinerator.

Introduction by post

19
  • Where any fruit or plants are introduced into the Cook Islands under these regulations by post, the package containing the fruit or plants shall be clearly and legibly marked with an indication of its contents.

Introduction for special purposes

20
  • Notwithstanding anything in these regulations, it shall be lawful for any person, with a prior permit in writing from the Resident Commissioner and subject to such conditions as to quantity or otherwise as may be specified in the permit, to introduce into the Cook Islands from any specified country or place any nursery stock, fruit, plant, insect, or other thing specified in the permit the introduction of which is, in the opinion of the Resident Commissioner, necessary or advisable for any scientific or other specified purpose.

Procedure at ports and airports of entry

21
  • On arrival at any port or airport of entry prescribed by or under these regulations of any consignment of fruit or plants the introduction of which into the Cook Islands is permitted by these regulations the consignment or such representative portion thereof as the inspecting officer deems sufficient shall be inspected by a Plant Quarantine Officer.

22
  • If on inspection of any consignment of fruit or plants the introduction of which into the Cook Islands is permitted by these regulations the inspecting officer is satisfied that all the requirements of these regulations governing the introduction of that consignment have been duly complied with, and that the consignment is free from disease and may be landed without further restriction, he shall issue an unconditional permit to land the consignment in or to the effect of the form No 2 in Schedule 1 hereto:

    Provided that this regulation shall not apply to any consignment consisting of nursery stock the introduction of which into the Cook Islands is permitted by these regulations.

23
  • If on inspection of any such consignment the inspecting officer is satisfied that, although all the requirements of these regulations governing the introduction of that consignment have been duly complied with, the consignment is nevertheless infected with disease, or should in the opinion of the inspecting officer be fumigated or otherwise treated before being released to the importer, he shall issue a conditional permit to land the consignment in or to the effect of the form No 2 in Schedule 1 hereto, subject to the consignment being treated in the manner stated in the permit before being so released:

    Provided that this regulation shall not apply to any consignment consisting of nursery stock the introduction of which into the Cook Islands is permitted by these regulations.

24
  • If on inspection of any such consignment, either on its arrival at the port or airport of entry or at any time before it is released from quarantine, the inspecting officer is satisfied that, although all the requirements of these regulations governing the introduction of that consignment have been duly complied with, the consignment is nevertheless infected with disease and in the opinion of the inspecting officer cannot be effectively treated to eradicate the disease, the consignment shall be reshipped, destroyed, or otherwise disposed of as the inspecting officer may direct at the expense of the importer.

25
  • If on inspection of any such consignment, either on its arrival at the port or airport of entry or at any time before it is released from quarantine, the inspecting officer is satisfied that the requirements of these regulations governing the introduction of that consignment have not been complied with, the consignment shall, together with all packages comprised therein, be seized by the inspecting officer or an officer of Customs and shall be treated, detained in quarantine, reshipped, destroyed, or otherwise disposed of as the inspecting officer may direct at the expense of the importer.

26
  • If on inspection of any consignment consisting of nursery stock the inspecting officer is satisfied that all the requirements of these regulations governing the introduction of that nursery stock have been duly complied with, and that the nursery stock is free from disease or not so infected with disease that the nursery stock should be dealt with in the manner provided by regulation 24 hereof, he may issue a conditional permit to land that nursery stock in or to the effect of the form No 2 in Schedule 1 hereto, subject to its being treated in the manner stated in the permit and detained in quarantine on land approved by the Resident Commissioner for the period and subject to the conditions specified in regulation 32 hereof before being released to the importer.

27
  • If any fruit, plant, fungus, insect, soil, or other substance, material, or thing specified in these regulations the introduction of which into the Cook Islands is prohibited by these regulations is introduced or attempted to be introduced into the Cook Islands, it shall, together with any package containing it, be seized by a Plant Quarantine Officer or an officer of Customs and shall be reshipped, destroyed, or otherwise disposed of at the expense of the person introducing or attempting to introduce it.

28
  • In the exercise of his powers under these regulations the inspecting officer may require to be opened or may open any package or baggage and inspect and examine any goods arriving in the Cook Islands from overseas and may require any person arriving in the Cook Islands (including any officer or member of the crew of any aircraft or vessel, whether belonging to Her Majesty's forces or otherwise) to make a declaration on a form to be provided for the purpose as to whether he has any fruit or plants in his possession as part of his personal effects or baggage, and every such person shall afford to the inspecting officer all reasonable facilities and assistance in carrying out any such inspection and examination.

Overseas aircraft

29
  • (1) Forthwith after the arrival at any airport of entry prescribed by or under these regulations of any aircraft from any overseas country or place, the aircraft, together with its cargo and baggage, shall be inspected, examined, and treated in the manner prescribed by this regulation, and no person shall remove any baggage or cargo from the aircraft without the authority of a Plant Quarantine Officer.

    (2) The inspection, examination, and treatment referred to in subclause (1) of this regulation shall be carried out by a Plant Quarantine Officer and shall include—

    • (a) Inspection and examination of the aircraft, its cargo and commissary stores, and the personal effects and baggage of the passengers and crew of the aircraft:

    • (b) Fumigation or spraying with an insecticide of every compartment of the aircraft immediately after the disembarkation of passengers:

    • (c) Treatment in such manner as a Plant Quarantine Officer thinks fit of any personal effects or baggage of any passenger or member of the crew of the aircraft if in his opinion such treatment is advisable.

    (3) If the commander of any such aircraft produces to a Plant Quarantine Officer at its first airport of entry in the Cook Islands a certificate to the effect that the same or substantially the same inspection, examination, and treatment as that prescribed by subclause (2) of this regulation was carried out immediately before the departure of the aircraft from its last airport of call before landing in the Cook Islands, the aircraft, its cargo and commissary stores, and the personal effects and baggage of its passengers and crew may be exempted from further treatment in the Cook Islands.

Overseas ships

30
  • (1) The master of every ship coming into the Cook Islands from any area where rhinoceros beetle (Oryctes rhinoceros L) is present shall withdraw his ship a distance of at least one mile from the shore not less than fifteen minutes before sunset each day, and shall not come closer than one mile from the shore before fifteen minutes after sunrise on the next day.

    (2) In this regulation the term shore, in the case of any island having an encircling reef, means the seaward edge of the reef.

Post-Entry treatment and quarantine

31
  • Where a conditional permit to land any consignment of fruit or plants is issued pursuant to regulation 23 hereof, the consignment shall forthwith be removed from the port or airport of entry under the supervision of a Plant Quarantine Officer and treated to his satisfaction in the manner specified in the permit before being released to the importer.

32
  • Where a conditional permit to land any consignment of nursery stock is issued pursuant to regulation 26 hereof, the consignment shall be dealt with in the following manner:

    • (a) The nursery stock shall forthwith be removed from the port or airport of entry by or on behalf of the importer to a quarantine ground approved by the Resident Commissioner and opened in the presence of an Inspector:

    • (b) Forthwith after removal to the quarantine ground the nursery stock shall be planted, grafted, or budded, and shall be kept under observation and inspection by a person duly authorized by the Resident Commissioner for the period hereinafter specified; and all resultant plants and crops shall be deemed for the purposes of these regulations to form part of the consignment of nursery stock from which they grew:

    • (c) The period of observation and inspection referred to in paragraph (b) of this regulation shall—

      • (i) In the case of deciduous or herbaceous plants, be one complete growing season from the date of planting or such further period as the Resident Commissioner thinks advisable:

      • (ii) In the case of all other plants, be a period of twelve months from the date of planting or such further period as the Resident Commissioner thinks advisable:

    • (d) After the initial planting, grafting, or budding of the nursery stock upon its removal to the quarantine ground, the nursery stock shall not be further propagated in any manner whatsoever until it is released from quarantine as provided in paragraph (e) of this regulation:

    • (e) No nursery stock shall be released from quarantine under this regulation until it has been inspected after the period of detention has expired by a person duly authorized by the Resident Commissioner and a written notice of release has been issued by him to the importer.

Inspection and other fees and charges

33
  • (1) All labour connected with the opening and repacking of packages of fruit or plants for inspection under these regulations shall be provided at the expense of the person by whom or on whose behalf such goods are imported.

    (2) In respect of every consignment of fruit, vegetables, or plants imported in packages into the Cook Islands under these regulations there shall be payable by the person by whom or on whose behalf the consignment is imported an inspection fee of 1d for each package comprised in the consignment:

    Provided that where the number of packages comprised in the consignment does not exceed twelve an inspection fee of 1s shall be payable:

    Provided further that the maximum inspection fee payable under this subclause shall be $10.

    (3) In respect of every consignment of such goods imported in bulk or otherwise than in packages into the Cook Islands under these regulations there shall be payable by the person by whom or on whose behalf the consignment is imported an inspection fee of $10.

    (4) All fees payable under this regulation shall be paid to the Collector of Customs on or before the entry of the goods for home consumption or to the Postmaster in the case of packages imported by post.

    (5) Notwithstanding the foregoing provisions of this regulation, no inspection fee shall be payable under this regulation in respect of the importation into the Cook Islands by any person by post or as part of his personal effects or baggage as a passenger or member of the crew of any ship or aircraft of any fruit or plants imported bona fide for the personal use of that person and not in any case for sale or for propagation for commercial purposes.

    (6) All fees payable under this regulation shall be paid into the Cook Islands Account at Rarotonga or into the Niue Island Account, as the case may require.

    (7) The Resident Commissioner may from time to time and for such period as he thinks fit reduce or waive payment of all or any of the fees prescribed by this regulation.

34
  • (1) Where any package comprised in any consignment of fruit or plants imported into the Cook Islands is fumigated, destroyed, or otherwise treated pursuant to these regulations, there shall be payable for that fumigation, destruction, or other treatment the fees specified in Schedule 3 hereto:

    Provided that no fees shall be payable under this subclause for the destruction of any fruit or plants imported into the Cook Islands by any person by post or as part of his personal effects or baggage as a passenger or member of the crew of any ship or aircraft if imported bona fide for the personal use of that person and not in any case for sale or for propagation for commercial purposes.

    (2) All fees payable under this regulation shall be paid to the Cook Islands Account at Rarotonga or into the Niue Island Account, as the case may require, by the person by whom or on whose behalf the consignment or package of fruit or plants is imported.

35
  • (1) For all nursery stock which is required by these regulations to be inspected during detention in a quarantine ground under these regulations there shall be payable the inspection fees specified in Schedule 3 hereto.

    (2) The fees payable under this regulation shall be paid to the Cook Islands Account at Rarotonga or into the Niue Island Account, as the case may require.

Offences and penalty

36
  • Every person commits an offence against these regulations and shall be liable to a fine not exceeding $40 who—

    • (a) Introduces or attempts to introduce into the Cook Islands any fruit, plant, or other thing the introduction of which is prohibited by these regulations:

    • (b) Contrary to the provisions of these regulations, introduces or attempts to introduce into the Cook Islands any fruit, plant, or other thing the introduction of which is permitted by these regulations:

    • (c) Removes or attempts to remove any fruit, plant, or other such thing or any package containing the same from any wharf, port, airport, or landing place within the Cook Islands without first having obtained a permit from a Plant Quarantine Officer in or to the effect of the form No 2 in Schedule 1 hereto:

    • (d) Otherwise acts in contravention of or fails to comply in any respect with the provisions of these regulations or any permit, stipulation, direction, or condition given, issued, or imposed under these regulations.


Schedule 1
Forms

Form No 1
Certificate of health for plants and plant products

Reg 3

.

Form No 2
Permit to land fruit or plants

Regs 22 and 23

.

Schedule 2
Prohibited fruit, plants, and plant products

Particulars of Fruit, Plant, or Plant ProductCountry or Place From Which ProhibitedReason for Prohibition
All fruit and vegetablesAll countries and places where oriental fruit fly (Dacus dorsalis) is known to existOriental fruit fly (Dacus dorsalis).
All fruit except fruit permitted by regulations 10 to 13All countries and places where any harmful species of fruit fly (family Trypetidae) is known to exist.Fruit flies (family Trypetidae)
Banana (all spp Musa)All countries and placesScab moth (Nacoleia octasema); bunchy top virus; cercospora leafspot or sigatoka disease (Cercospora musae); Panama disease (Fusarium oxysporum cubense).
Bamboo (Bambusa spp)All countries and places where bamboo smut occursBamboo smut (Ustilago shiriana).
Blueberry (Vaccinium spp)All countries and placesVirus diseases
Cacao (Theobroma cacao)All countries and placesWitches broom disease; swollen shoot disease
Cassava (Manihot spp)Fiji, Indonesia, Africa and IndiaVirus disease; bacterial disease (Bacillus sp); brown streak virus (Bemisia gossypiperda).
Citrus stocks, seedlings, and budded or grafted trees (except citrus seed)All countries and places(Citrus canker (Xanthomonas citri); citrus root rot or quick decline (Phytophthora citrophthora); virus diseases; citrus borer) (Oemonanirta)
Citrus fruitAll countries and placesCitrus canker (Xanthomonas citri).
Coconut (Cocos nucifera) and unprocessed coconut products.All countries and placesCoconut beetle (Brontispa mariana); rhinoceros beetle (Oryctes rhinoceros); bronze leaf wilt (Artona catoxantha)
Coffee (Coffea spp)All countries and placesCoffee rust (Hemileia vastatrix B Br); berry borer (Stephanoderes hampei Farr); and virus diseases
Cotton (Gossypium spp)All countries and placesCotton stainer bugs (Dysdercus spp); cotton leaf curl virus.
Grape vine (Vitis spp)Europe, North America, and any other country or place where vine mosaic virus or Pierce's disease is known to existVine mosaic virus; Pierce's disease (alfalfa dwarf virus).
Hop (Humulus spp), including hop sets and seedAll countries and placesVirus diseases; downy mildew (Pseudoperonospora humili).
Kumara or sweet potato (Ipomoea batatas)Commonwealth of Australia, North America, Continent of Asia, Tonga, Fiji, and any other country or place where kumara weevil (Euscepes postfasciatus), sweet potato weevil (Cylas formicarius), internal canker virus, curly top virus, or soil-rot (Actinomyces sp) is known to existKumara weevil (Euscepes postfasciatus); sweet potato weevil (Cylas formicarius); curly top virus; soil-rot (Actinomyces sp); internal canker virus; stem borer (Omphisa anastomosalia).
Mango (Mangifera sp)All countries and places except AustraliaMango weevil (Sternochetus magniferae F).
Passionfruit (Passiflora spp) (except seed)All countries and placesVirus disease.
Peanuts (Arachis hypogaea)All countries and places except certified seed from QueenslandVirus diseases.
Pepper (Piper nigrum)All countries and placesVirus diseases.
Pineapple (Ananas sativus)All countries and placesPineapple wilt; pineapple weevil (Metamusius richeyi).
Potato tubers (Solanum tuberosum)All countries and places where potato wart (Synchytrium endobioticum), potato ring-rot (Corynebacterium sepedonicum), potato yellow dwarf virus, Colorado potato beetle (Leptinotarsa decemlineata), or golden eelworm (Heterodera rostochiensis) is known to existPotato wart (Synchytrium endobioticum), potato ring-rot (Corynebacterium sepedonicum), potato yellow dwarf virus; Colorado potato beetle (Leptinotarsa decemlineata); golden eel worm (Heterodera rostochiensis).
Potato plants and seedAll countries and placesVirus diseases.
Pyrus spp-eg, apple, pear, quinceEurope, Great Britain, Northern Ireland, the Republic of Ireland, North and South America, and all other countries and places where brown rot (Sclerotinia fructigena and S laxa) is known to existBrown rot (Sclerotinia fructigena and S laxa).
Prunus spp-eg, peach, plum, apricot, cherry, almondEurope, Asia, Great Britain, Northern Ireland, the Republic of Ireland, North and South America, and all other countries and places where brown rot (Sclerotinia fructigena and S laxa) or virus diseases are known to existBrown rot (Sclerotinia fructigena and S laxa); virus diseases-eg, cherry yellows and phoney peach.
Seed of Prunus sppNorth and South AmericaVirus diseases.
Ribes spp-eg, CurrantsAll countries and placesVirus diseases.
Rice (Oryza sativa): Plants and parts thereof except milled riceAll countries and placesBacterial blight (Xanthomonas oryzae); yellow dwarf stunt; stem borers (Schoenobius spp, Chilo simplex).
Rubber (Hevea braziliensis)All countries and places where rubber leaf spot (Dothidella ulei); and Oidium heveae and Phytophthora spp occurLeaf spot (Dothidella ulei); Oidium heveae; and Phytophthora spp.
Rubus spp-eg, raspberryAll countries and placesVirus diseases.
Sugarcane (Saccharum spp)All countries and placesVirus diseases.
Sunflower (Helianthus annuus), including seedArgentineSunflower virus disease.
Tea (Camellia thea) (except seed)All countries and places where blister blight occursBlister blight (Exobasidium vexans).
Tobacco plant (Nicotiana sp)North and South America, Commonwealth of Australia, and all other countries and places where blue mould (Peronospora tabacina), tobacco wildfire (Pseudomonas tabaci), or tobacco yellow dwarf virus disease is known to existBlue mould (Peronospora tabacina); tobacco wildfire (Pseudomonas tabaci); tobacco yellow dwarf virus disease.
Tobacco seedAll countries and placesVirus diseases.

Schedule 3
Scale of fees for fumigation, destruction and other treatment of imported fruit, plants, and seeds, and inspection of quarantine seed potatoes and nursery stock

Regs 34 and 35

1
  • For the purposes of this Schedule the term package means any package, case, kit, bag, sack or bunch.

2
  • The fees for inspection, fumigation, destruction and other treatment of imported fruit, plants, and seeds shall be as follows:

    (a) Inspection (and fumigation where necessary) of each package5c per package.
    (b) Destruction by an Inspector or other authorized person of any package5c per package.
3
  • For inspection of nursery stock or the growing crop of seed potatoes while in quarantine:

    Where the number of plants in any one consignment—

    (a) Does not exceed 50$1
    (b) Exceeds 50 but does not exceed 100$2
    (c) For every additional 100 plants or part of 100 plants in excess of 100$2, but so that the maximum fee payable under this clause shall not exceed $20.

TJ SHERRARD,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations govern the importation of fruit, plants, plant products, and soil into the Cook Islands with a view to preventing the introduction of plant diseases and insect pests that attack plants and plant products. The procedures have been adapted in the light of those in force in overseas countries, and so as to take into account modern methods of transport, including aircraft. The regulations provide—

  • (a) For the prohibition of the importation of certain fruit, plants, and things:

  • (b) For the control of the importation of other fruit, plants, and plant products:

  • (c) For quarantine of nursery stock:

  • (d) For the inspection and treatment of overseas aircraft:

  • (e) For the control of the introduction of soil into the Cook Islands.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 26 May 1955.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Cook Islands Plant Quarantine Regulations 1955. It incorporates all the amendments to the Cook Islands Plant Quarantine Regulations 1955 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)
  • Cook Islands Amendment Act 2007 (2007 No 49): section7(2)