New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 1 July 2010
(SR 2006/216)
Dame Sian Elias, Administrator of the Government
At Wellington this 7th day of August 2006
Present:
The Right Hon Helen Clark presiding in Council
Biosecurity (Costs) Regulations 2006: revoked, on 1 July 2010, by regulation 13 of the Biosecurity (Costs) Regulations 2010 (SR 2010/135).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry of Agriculture and Forestry.
Pursuant to section 165 of the Biosecurity Act 1993, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.
4 Costs payable to Director-General
11 General inspector to decide whether goods imported for personal use of importer
These regulations are the Biosecurity (Costs) Regulations 2006.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
(1) In these regulations, unless the context otherwise requires,—
Act means the Biosecurity Act 1993
activity means the exercise, by a general inspector, a veterinary inspector, or a biosecurity adviser, of any function, power, or duty prescribed in the second column of the Schedule
agricultural compound has the same meaning as in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997
animal means anything that is—
(a) a living stage of an organism that is a member of the animal kingdom; or
(b) the carcass, egg, or semen of an organism that is a member of the animal kingdom
animal material—
(a) means organic material that is derived from, or is an excretion or secretion of, an animal; but
(b) does not include organic material if an inspector is satisfied that it has been treated so that it is free of any unwanted organism
biosecurity adviser means a person whose role includes—
(a) issuing permits required under import health standards; or
(b) approving transitional and containment facilities and their operators
cleared means given a clearance, under section 26 of the Act, for the entry of goods into New Zealand
consignment means all goods listed on the documentation accompanying the goods
general inspector means an inspector who is not a veterinary inspector
inspector means a person appointed under the Act as a general inspector or a veterinary inspector
machinery has the same meaning as in section 2(1) of the Health and Safety in Employment Act 1992
moped has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
motor vehicle has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 but does not include—
(a) machinery; or
(b) agricultural vehicles (including tractors, combine harvesters, and other vehicles designed primarily for use on a farm)
motorcycle has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
offshore, in relation to a craft, means situated within the limits of the territorial sea (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) and not berthed or moored at a wharf or similar structure
plant means a member of the plant kingdom
shipping container means a sea container, and includes a standardised device used to contain or hold goods while being—
(a) loaded for carriage by sea; or
(b) carried by sea; or
(c) unloaded after carriage by sea
veterinary inspector means an inspector who is registered as a veterinarian or a specialist under the Veterinarians Act 2005
veterinary medicine has the same meaning as in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997.
(2) A term or expression used in these regulations that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.
Costs payable under these regulations must be paid, on demand, to the Director-General.
Costs payable under these regulations are inclusive of goods and services tax.
(1) Costs are payable under these regulations—
(a) for any activity prescribed in the second column of the Schedule; and
(b) at the rate specified for the activity in the third column of the Schedule; and
(c) by the person specified in the fourth column of the Schedule.
(2) Costs are also payable for—
(a) travel, under regulation 8:
(b) waiting time, under regulation 9:
(c) call-out time, under regulation 10.
(3) Costs payable for the activities specified in items 16 and 18 of the Schedule are, if an inspector requires, payable in advance of the activities being carried out.
(4) This regulation is subject to regulation 12.
(1) Costs specified in these regulations as payable at an hourly rate must be calculated by—
(a) adding together the total number of 15-minute units spent by an inspector or a biosecurity adviser on an activity, travel, waiting, or a call out, as the case may be; and
(b) multiplying the total number of units by 25% of the applicable hourly rate.
(2) For the avoidance of doubt, a minimum charge of 25% of the hourly rate is payable if the time spent by an inspector or a biosecurity adviser is 15 minutes or less.
(3) In this regulation, 15-minute unit means any period of 15 minutes or less.
(1) Travel costs are payable for an activity that requires an inspector or a biosecurity adviser to leave his or her base or, in the case of a call out under regulation 10, any other place.
(2) Travel costs are—
(a) $45, for an activity at a site that is 10 km radius or less from the base (or an equal share of that cost if more than 1 activity is carried out at the same site):
(b) $70, for an activity at a site that is more than 10 km radius, but not more than 25 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site):
(c) $140, for an activity at a site that is more than 25 km radius, but not more than 50 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site):
(d) $200, for an activity at a site that is more than 50 km radius, but not more than 75 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site):
(e) to be calculated in accordance with subclause (3), for an activity at a site that is more than 75 km radius from the base.
(3) Travel costs for an activity at a site that is more than 75 km radius from the inspector's or the biosecurity adviser's base must be calculated by adding together—
(a) costs calculated at the applicable hourly rate for the time that the inspector or biosecurity adviser has spent away from his or her base (or an equal share of that time if more than 1 activity is carried out at the same site); and
(b) costs at the rate of 69 cents per kilometre for the distance travelled by the inspector or biosecurity adviser (or an equal share of that distance if more than 1 activity is carried out at the same site); and
(c) any actual and reasonable costs associated with the activity, including accommodation, airfares, and meals (or an equal share of those associated costs if more than 1 activity is carried out at the same site).
(4) The hourly rates for travel costs are—
(a) $100 for a general inspector or a biosecurity adviser:
(b) $96.10 for a veterinary inspector.
(5) Travel costs are payable—
(a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activity; and
(b) in addition to any other costs required to be paid under these regulations.
(1) Waiting-time costs are payable for an inspector or a biosecurity adviser who—
(a) arrives at a site, at a designated time, to undertake an activity; and
(b) discovers that the goods that are to be the subject of the activity are not available.
(2) Waiting-time costs are payable, at the applicable hourly rate,—
(a) for each inspector or biosecurity adviser involved in the activity; and
(b) for the time each inspector or biosecurity adviser spends in waiting for the goods to become available.
(3) The hourly rates for waiting-time costs are—
(a) $100 for a general inspector or a biosecurity adviser:
(b) $96.10 for a veterinary inspector.
(4) Waiting-time costs are payable—
(a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activity; and
(b) in addition to any other costs required to be paid under these regulations.
(1) Call-out costs are payable for an inspector or a biosecurity adviser who, having left his or her place of work, has been recalled to duty for the purpose of carrying out an activity.
(2) Call-out costs are payable, at the applicable hourly rate,—
(a) for each inspector or biosecurity adviser that has been recalled; and
(b) for the duration of the recall period.
(3) The hourly rates for call-out costs are—
(a) $100 for a general inspector or a biosecurity adviser:
(b) $96.10 for a veterinary inspector.
(4) Call-out costs are payable—
(a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activity; and
(b) in addition to any other costs required to be paid under these regulations.
(1) A general inspector must decide whether, in his or her opinion, the goods specified in the second column of item 1 of the Schedule are being imported—
(a) for the personal use of the importer (in which case no inspection costs are payable); or
(b) for any other purpose (in which case the importer must pay the inspection costs specified in the third column of item 1 of the Schedule).
(2) In forming his or her opinion, an inspector must take account of the following matters:
(a) the nature of the goods; and
(b) the quantity of the goods; and
(c) the intended use of the goods after importation; and
(d) the requirements of subclauses (3) and (4).
(3) An inspector must treat the goods as being imported for the personal use of the importer, if the goods are—
(a) unaccompanied personal baggage and effects:
(b) unaccompanied household goods that are not intended for any 1 or more of the uses specified in subclause (4)(a) to (c).
(4) An inspector must treat the goods as being imported for a purpose other than for the personal use of the importer, if the goods are being imported for—
(a) trade or reward:
(b) testing or analysis:
(c) distribution to other persons (unless the distribution is in the nature of a personal gift).
(1) The Director-General may, if satisfied that either of the circumstances in subclause (2) exist,—
(a) waive, in whole or in part, the payment of any costs required by these regulations to be paid; and
(b) if all or part of those costs have already been paid, refund all of the amount paid to the person who paid it.
(2) The circumstances are—
(a) the work actually done does not justify the payment (or full payment) of the costs concerned; or
(b) special circumstances that apply to the particular case.
(1) The Biosecurity (Costs) Regulations 2003 (SR 2003/77) are revoked.
(2) However, despite the revocation of the Biosecurity (Costs) Regulations 2003, regulation 7 of those regulations continues in force until 1 October 2006.
Schedule |
| Page | ||
| Inspection at International Mail Centre | ||
| 1 | Inspection of goods at International Mail Centre | 11 |
| 2 | Tests, examinations, and treatments of imported goods, that harbour, or may harbour, organism | 12 |
| 3 | Surveillance of discharge of goods | 12 |
| Inspection of shipping containers and offshore craft | ||
| 4 | Inspection of shipping container that does not meet entry requirements | 12 |
| 5 | Inspection of craft located offshore | 12 |
| Inspection of motorcycles, mopeds, and motor vehicles | ||
| 6 | Inspection of used motorcycle or moped | 13 |
| 7 | Inspection of used motor vehicle not exceeding 3 500 kg | 13 |
| 8 | Inspection of used motor vehicle exceeding 3 500 kg | 13 |
| Inspection of goods not prescribed elsewhere in Schedule | ||
| 9 | Inspection of goods that are required to be inspected under Act and for which costs are not prescribed elsewhere in Schedule | 13 |
| Monitoring controls on new organisms and inspection of animals or animal material | ||
| 10 | Monitoring controls on new organisms in containment facilities | 14 |
| 11 | Inspection of animal intended to be cleared, or directed to transitional or containment facility, on arrival | 14 |
| 12 | Inspection of animal on board craft | 14 |
| 13 | Inspection and monitoring of animal held in transitional or containment facility | 14 |
| 14 | Inspection of consignment of animal material | 15 |
| Inspection and monitoring of plant | ||
| 15 | Inspection and monitoring of plant held in transitional or containment facility | 15 |
| Treatment, destruction, or disposal of risk goods | ||
| 16 | Treatment, before being cleared, of risk goods | 15 |
| 17 | Treatment of imported risk goods | 16 |
| 18 | Destruction, transportation, reshipment, or other disposal of goods | 16 |
| 19 | Supervising, or advising on, destruction, transportation, reshipment, or other disposal of goods | 16 |
| Permits issued under import health standards | ||
| 20 | Processing application for permit under import health standards | 16 |
| 21 | Processing application for amendment to permit issued under import health standards | 16 |
| Transitional and containment facilities | ||
| 22 | Processing application for approval of transitional or containment facility | 17 |
| 23 | Inspecting and compliance auditing of transitional or containment facility | 17 |
| 24 | Processing application for approval as facility operator | 17 |
| 25 | Investigating and compliance auditing facility operator | 17 |
| Functions, powers, and duties not prescribed elsewhere in Schedule | ||
| 26 | Performing function, power, or duty required to be undertaken under Act and not prescribed elsewhere in Schedule | 18 |
| Item | Function, power, or duty for which costs are payable | Costs | Costs payable by | ||
|---|---|---|---|---|---|
| Inspection at International Mail Centre | |||||
| 1 | Inspection of goods (other than goods imported for the personal use of the importer) at the International Mail Centre, for the purpose of ascertaining whether or not those goods should be cleared. | $100 per hour for each general inspector involved. | Importer. | ||
| 2 | Tests, examinations, and treatments of imported goods, that harbour, or may harbour, an organism, that are— | $100 per hour for each general inspector involved; and actual and reasonable costs of the tests, examinations, and treatments. | Importer. | ||
| (a) | carried out by the Ministry's Quarantine Service; and | ||||
| (b) | necessary to identify the organism, so as to enable an inspector to decide whether the goods should— | ||||
| (i) | be cleared; or | ||||
| (ii) | be moved from a transitional facility to a containment facility; or | ||||
| (iii) | continue to be held in a transitional or containment facility (as the case may be). | ||||
| 3 | Surveillance of discharge of goods, for the purpose of ascertaining whether or not the goods should be cleared. | $100 per hour for each general inspector involved. | Importer. | ||
| Inspection of shipping containers and offshore craft | |||||
| 4 | Inspection of a shipping container that does not meet entry requirements. | $100 per hour for each general inspector involved. | Importer, or any other person (including the person's or importer's agent), who transports the shipping container by ship. | ||
| 5 | Inspection of a craft located offshore, for the purpose of determining whether the craft contains any organism that poses a threat to the biosecurity of New Zealand. | $100 per hour for each general inspector involved. | Operator of the craft. | ||
| Inspection of motorcycles, mopeds, and motor vehicles | |||||
| 6 | Inspection, and each re-inspection after treatment, of a consignment, of a single used motorcycle or moped, for the purpose of ascertaining whether or not the consignment should be cleared. | $15 per motorcycle or moped. | Importer. | ||
| 7 | Inspection, and each re-inspection after treatment, of a consignment, of a single used motor vehicle having a gross laden weight not exceeding 3 500 kg (other than a motorcycle or moped), for the purpose of ascertaining whether or not the consignment should be cleared. | $25 per motor vehicle. | Importer. | ||
| 8 | Inspection, and each re-inspection after treatment, of a consignment, of a single used motor vehicle having a gross laden weight exceeding 3 500 kg, for the purpose of ascertaining whether or not the consignment should be cleared. | $50 per motor vehicle. | Importer. | ||
| Inspection of goods not prescribed elsewhere in Schedule | |||||
| 9 | Inspection, and each re-inspection after treatment, of any goods that are required to be inspected under the Act for the purpose of ascertaining whether or not the goods should be cleared, and for which costs are not prescribed elsewhere in the Schedule. | $100 per hour for each general inspector involved. | Importer. | ||
| Monitoring controls on new organisms and inspection of animals or animal material | |||||
| 10 | Monitoring controls on new organisms in containment facilities. | $100 per hour for each general inspector involved; and $96.10 for each veterinary inspector involved. | Person holding an approval (issued under the Hazardous Substances and New Organisms Act 1996) to import the organism into containment, or to hold the organism in containment; or (where there is no approval) the importer or owner of the organism or the goods that harbour the organism. | ||
| 11 | Inspection of an animal that is intended to be cleared, or directed to a transitional or containment facility, on arrival. | $28.70 per animal. | Importer. | ||
| 12 | Inspection of an animal that— | $100 per hour for each general inspector involved; and $96.10 per hour for each veterinary inspector involved. | Operator of craft. | ||
| (a) | is on board a craft within New Zealand territory; and | ||||
| (b) | is not intended to be cleared. | ||||
| 13 | Inspection and monitoring of an animal held in a transitional or containment facility, for the purpose of ascertaining whether the animal should— | $100 per hour for each general inspector involved; and $96.10 per hour for each veterinary inspector involved. | Importer. | ||
| (a) | be cleared; or | ||||
| (b) | be moved from a transitional facility to a containment facility; or | ||||
| (c) | continue to be held in a transitional or containment facility, as the case may be. | ||||
| 14 | Inspection of a consignment of animal material (other than fish meal), for the purpose of ascertaining whether or not it should be cleared. | $28.70 for each consignment of trade samples that are not veterinary medicines, biological products, or agricultural compounds; and $57.40 for each consignment in every other case. | Importer. | ||
| Inspection and monitoring of plant | |||||
| 15 | Inspection and monitoring of a plant, held in a transitional or containment facility, for the purpose of ascertaining whether it should— | $100 per hour for each general inspector involved | Importer. | ||
| (a) | be cleared; or | ||||
| (b) | be moved from a transitional facility to a containment facility; or | ||||
| (c) | continue to be held in a transitional or containment facility, as the case may be. | ||||
| Treatment, destruction, or disposal of risk goods | |||||
| 16 | Treatment, before being cleared, of risk goods imported— | Actual and reasonable costs of the treatment; and any costs of packaging, storing, forwarding, and returning the goods before and after treatment. | Importer. | ||
| (a) | in a person's baggage (whether or not the baggage is accompanied); or | ||||
| (b) | through the mail; or | ||||
| (c) | among personal effects. | ||||
| 17 | Treatment of imported risk goods, other than risk goods specified in item 16 of the Schedule. | Actual and reasonable costs of treatment; and any costs of packaging, storing, forwarding, and returning the goods before and after treatment. | Importer. | ||
| 18 | Destruction, transportation, reshipment, or other disposal of goods. | Actual and reasonable costs of destruction, transportation, reshipment, or other disposal. | Importer. | ||
| 19 | Supervising, or advising on, destruction, transportation, reshipment, or other disposal of goods. | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 per hour for each veterinary inspector involved. | Importer. | ||
| Permits issued under import health standards | |||||
| 20 | Processing an application for a permit under import health standards. | $105 for each application processed. | Applicant. | ||
| 21 | Processing an application for an amendment to a permit issued under import health standards. | $105 for each application processed. | Applicant. | ||
| Transitional and containment facilities | |||||
| 22 | Processing an application for approval of a transitional or containment facility. | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 per hour for each veterinary inspector involved. | Applicant. | ||
| 23 | Inspecting and compliance auditing of a transitional or containment facility, to ascertain whether or not it should be approved, or continue to be approved, under section 39 of the Act. | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 per hour for each veterinary inspector involved. | Applicant or facility operator (as the case may be). | ||
| 24 | Processing an application for approval as a facility operator. | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 per hour for each veterinary inspector involved. | Applicant. | ||
| 25 | Investigating and compliance auditing of a facility operator, or proposed operator, to ascertain whether or not the operator or proposed operator should be approved, or continue to be approved, under section 40 of the Act. | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 per hour for each veterinary inspector involved. | Applicant or facility operator (as the case may be). | ||
| Functions, powers, and duties not prescribed elsewhere in Schedule | |||||
| 26 | Performing a function, power, or duty— | $100 per hour for each general inspector and biosecurity adviser involved; and $96.10 for each veterinary inspector involved. | Person whose actions result in the function being required. | ||
| (a) | required to be undertaken under the Act; and | ||||
| (b) | not prescribed elsewhere in the Schedule. | ||||
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 10 August 2006.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Biosecurity (Costs) Regulations 2006. The reprint incorporates all the amendments to the regulations as at 1 July 2010, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ 
.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Biosecurity (Costs) Regulations 2010 (SR 2010/135): regulation 13
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