Customs Import Prohibition (Trout) Order 2015

2015/241

Coat of Arms of New Zealand

Customs Import Prohibition (Trout) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 19th day of October 2015

Present:
The Right Hon John Key presiding in Council

Pursuant to section 54 of the Customs and Excise Act 1996, His Excellency the Governor-General makes the following order,—

(a)

acting on the advice and with the consent of the Executive Council; and

(b)

being of the opinion that the prohibitions effected by this order are necessary in the public interest.

Order

1 Title

This order is the Customs Import Prohibition (Trout) Order 2015.

2 Commencement

This order comes into force on 8 November 2015.

3 Interpretation

(1)

In this order, unless the context otherwise requires, trout product

(a)

means any part of a trout; and

(b)

includes the excrement, secretion, semen, or egg of a trout.

(2)

Words used and not defined in this order but defined in the Customs and Excise Act 1996 have the meaning given to them by that Act.

4 Trout and trout products prohibited from import

(1)

The goods specified in the Schedule are prohibited from import—

(a)

in quantities of 10 or more kilograms (whether or not the goods are intended for sale); and

(b)

in quantities of less than 10 kilograms, if the goods are intended for sale.

(2)

The goods specified in the Schedule may be imported in the quantities prohibited by subclause (1) if the person importing the goods—

(a)

has the consent of the Minister of Conservation; and

(b)

is importing the goods subject to any conditions imposed by the Minister of Conservation that are not inconsistent with this prohibition.

5 Revocations

The following orders are revoked:

(a)

Customs Import Prohibition (Trout) Order 1998 (SR 1998/436):

Schedule Goods prohibited from import

cl 4

1

The following species of trout, alive or dead:

(a)

brown trout (Salmo trutta):

(b)

rainbow trout (Oncorhynchus mykiss, formerly known as Salmo gairdneri):

(c)

American brook trout or char (Salvelinus fontinalis):

(d)

lake trout or char (Salvelinus namaycush):

(e)

cutthroat trout (Oncorhynchus clarki, formerly known as Salmo clarki):

(f)

golden trout (Oncorhynchus aguabonita, formerly known as Salmo aguabonita):

(g)

gila trout (Oncorhynchus gilae, formerly known as Salmo gilae):

(h)

apache trout (Oncorhynchus apache):

(i)

Mexican trout (Oncorhynchus chrysogaster):

(j)

any hybrid of a trout listed in paragraphs (a) to (i).

2

Any trout product that is derived from a species of trout listed in item 1.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 8 November 2015, prohibits the importation of trout and trout products in quantities of 10 or more kilograms, or less than 10 kilograms if the goods are intended for sale, except with the consent of, and subject to such conditions as may be imposed by, the Minister of Conservation.

This order replaces and revokes the corresponding 2010 order. As extended in 2012, that 2010 order expires on the close of 7 November 2015.

Under section 54(5)(b) of the Customs and Excise Act 1996, this order expires on the close of 31 December 2016, unless it is expressly confirmed by an Act of Parliament passed before that date. If confirmed in that way, this order expires on the close of 7 November 2018, as provided by section 55 of the Customs and Excise Act 1996.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 October 2015.

This order is administered by the New Zealand Customs Service.