Biosecurity (Infringement Offences) Regulations 2010

Reprint
as at 18 September 2012

Coat of Arms of New Zealand

Biosecurity (Infringement Offences) Regulations 2010

(SR 2010/67)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 22nd day of March 2010

Present:
His Excellency the Governor-General in Council


Note

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(1)(va) to (vd) of the Biosecurity Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Biosecurity (Infringement Offences) Regulations 2010.

2 Commencement
  • These regulations come into force on 22 April 2010.

3 Infringement offences
  • A breach of a provision specified in Schedule 1 is an infringement offence.

4 Border infringement offences
  • An infringement offence is a border infringement offence if it is committed—

    • (a) in a biosecurity control area at a port approved as a place of first arrival under section 37 of the Biosecurity Act 1993; or

    • (b) at a port approved for the arrival of craft under section 37A of the Biosecurity Act 1993.

5 Infringement fees
  • The fee specified in the third column of Schedule 1 for an infringement offence is the infringement fee for that offence.

6 Infringement notices
  • (1) The infringement notice for an infringement offence (other than a border infringement offence) must be in form 1 set out in Schedule 2.

    (2) The infringement notice for a border infringement offence must be in form 2 set out in Schedule 2.


Schedule 1
Infringement offences and fees

rr 3, 5

  • Schedule 1: replaced, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Provision of Biosecurity Act 1993General description of offenceInfringement fee
($)
s 154N(20)Having, while in a biosecurity control area, been asked a question by an inspector or an automated electronic system, failing to answer within a reasonable time or failing to answer completely within a reasonable time100
   
s 154N(21)Making an erroneous declaration that the person is not in possession of specified goods400

Schedule 2
Forms

r 6

Form 1
Infringement notice

Section 159, Biosecurity Act 1993

Infringement notice No:

Date of infringement notice:

Issuing inspector:

Pax ref:

This notice is issued to the person described below in respect of the alleged offence described below:

Name:

Address:

Date of birth:

Proof of identity:

Occupation:

Details of alleged offence

Date:

Time:

Day of week: S M T W T F S

Location:

Offence: [specify details of the relevant regulation and the nature of the offence].

The infringement fee payable for this offence is $[amount], and is payable to the Ministry of Agriculture and Forestry not later than 28 days after a reminder notice has been served.

Method of service: Personal/Postal service*

*Select one.

Served by: [full name]

On: [date]

At: [full address of place where served]

Methods of payment

Infringement fees must be paid to the Ministry of Agriculture and Forestry using 1 of the following methods: [specify methods of payment and places at which payment may be made].

Remittance advice

Infringement notice No:

Date of infringement notice:

Pax ref:

Name of person who committed infringement offence:

Address:

The remittance advice must accompany payment by cheque. Please detach the remittance advice and send it with payment to:

Ministry of Agriculture and Forestry

PO Box 53137

Manukau 2150

New Zealand

Important

Please read the following information.

Information

Defence
  • 1 You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry of Agriculture and Forestry (MAF) using one of the methods of payment specified on this form before or within 14 days after you have been served with this notice.

    Note: Late payment or payment at any other address will not be a defence.

Right to request hearing
  • 2 You have the right to request a hearing. A request for a hearing must be made in writing (in English), be signed by you, and be delivered to the Ministry of Agriculture and Forestry, PO Box 53137, Manukau 2150, New Zealand before or within 28 days after you have been served with a reminder notice.

  • 3 If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

  • 4 If you deny liability for the offence, MAF will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless MAF decides not to commence court proceedings).

    Note: If the court finds you guilty of the offence, it may impose costs in addition to any fine.

  • 5 If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—

    • (a) admit the offence; and

    • (b) set out the written submissions you wish the court to consider.

    MAF will then file your letter and request for hearing with the court (unless MAF decides not to commence court proceedings).

    There will be no oral hearing before the court if you follow this course of action.

    Note: The court may impose costs in addition to any fine.

Consequences of taking no action
  • 6 If, within 28 days after being served with this notice, you have not paid the infringement fee and MAF has not received a request for a hearing, you will be served with a reminder notice (unless MAF decides not to pursue the matter).

  • 7 If, within 28 days after being served with a reminder notice, you have not paid the infringement fee and MAF has not received a request for a hearing, you will become liable to pay costs in addition to the infringement fee specified in this notice (unless MAF decides not to commence court proceedings against you).

Questions and other correspondence
  • 8 When writing or making payment to MAF, please include—

    • (a) the date of the infringement notice; and

    • (b) the infringement notice number; and

    • (c) the course of action you are taking in respect of the alleged offence; and

    • (d) your full address for replies.

Rights and obligations
  • 9 Further details of your rights and obligations are set out in section 159 of the Biosecurity Act 1993 and section 21 of the Summary Proceedings Act 1957.

MAF's postal address

All queries and correspondence regarding this notice must be directed to:

Ministry of Agriculture and Forestry

PO Box 53137

Manukau 2150

New Zealand

Form 2
Infringement notice for border infringement offence

Section 159A, Biosecurity Act 1993

Infringement notice No:

Date of infringement notice:

Issuing inspector:

Pax ref:

This notice is issued to the person described below in respect of the alleged offence described below:

Name:

Address:

Date of birth:

Passport No:

Country of issue:

Occupation:

Details of alleged offence

Date:

Time:

Day of week: S M T W T F S

Location:

Offence: [specify details of the relevant regulation and the nature of the offence].

The infringement fee payable for this offence is $[amount], and is payable to the Ministry of Agriculture and Forestry within 14 days after [date] (earliest date notice delivered personally or posted).

Method of service: Personal/Postal service*

*Select one.

Served by: [full name]

On: [date]

At: [full address of place where served]

Methods of payment

Infringement fees must be paid to the Ministry of Agriculture and Forestry using 1 of the following methods: [specify methods of payment and places at which payment may be made].

Immediate payment

If this notice has been served on you at an airport approved under section 37 or 37A of the Biosecurity Act 1993, you may choose to make an immediate payment at the MAF Infringement Desk. Payment can be made in cash, by approved credit card, or by cheque.

Remittance advice

Infringement notice No:

Date of infringement notice:

Pax ref:

Name of person who committed infringement offence:

Address:

The remittance advice must accompany payment by cheque. Please detach the remittance advice and send it with payment to:

Ministry of Agriculture and Forestry

PO Box 53137

Manukau 2150

New Zealand

Important

Please read the following information.

Information

Defence
  • 1 You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry of Agriculture and Forestry (MAF), either—

    • (a) using 1 of the methods of payment specified on this form before or within 14 days after you have been served with this notice; or

    • (b) in person (if you were served with this notice at a port or airport approved under the Biosecurity Act 1993).

    Note: Late payment or payment at any other address will not be a defence.

Right to request hearing
  • 2 You have the right to request a hearing. A request for a hearing must be made in writing (in English), be signed by you, and be delivered to the Ministry of Agriculture and Forestry, PO Box 53137, Manukau 2150, New Zealand before or within 14 days after you have been served with this notice.

  • 3 If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

  • 4 If you deny liability for the offence, MAF will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless MAF decides not to commence court proceedings).

    Note: If the court finds you guilty of the offence, it may impose costs in addition to any fine.

  • 5 If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—

    • (a) admit the offence; and

    • (b) set out the written submissions you wish the court to consider.

    MAF will then file your letter with the court (unless MAF decides not to commence court proceedings).

    There will be no oral hearing before the court if you follow this course of action.

    Note: The court may impose costs in addition to any fine.

Consequences of taking no action
  • 6 If, within 14 days after being served with this notice, you have not paid the infringement fee and MAF has not received a request for a hearing, you will become liable to pay costs in addition to the infringement fee specified in this notice (unless MAF decides not to commence court proceedings against you).

Questions and other correspondence
  • 7 When writing or making payment to MAF, please include—

    • (a) the date of the infringement notice; and

    • (b) the infringement notice number; and

    • (c) the course of action you are taking in respect of the alleged offence; and

    • (d) your full address for replies.

Rights and obligations
  • 8 Further details of your rights and obligations are set out in section 159A of the Biosecurity Act 1993 and section 21 of the Summary Proceedings Act 1957.

MAF's postal address

All queries and correspondence regarding this notice must be directed to:

Ministry of Agriculture and Forestry

PO Box 53137

Manukau 2150

New Zealand

Martin Bell,
for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 March 2010.


Contents

  • 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)


Notes
1 General
  • This is a reprint of the Biosecurity (Infringement Offences) Regulations 2010. The reprint incorporates all the amendments to the regulations as at 18 September 2012, 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/ .

2 Status of 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.

3 How reprints are prepared
  • 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.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • 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).

5 List of amendments incorporated in this reprint (most recent first)
  • Biosecurity Law Reform Act 2012 (2012 No 73): section 93