Hazardous Substances and New Organisms Act 1996

2A Meaning of term new organism

(1)

A new organism is—

(a)

an organism belonging to a species that was not present in New Zealand immediately before 29 July 1998:

(b)

an organism belonging to a species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the relevant regulation:

(c)

an organism for which a containment approval has been given under this Act:

(ca)

an organism for which a conditional release approval has been given:

(cb)

a qualifying organism approved for release with controls:

(d)

a genetically modified organism:

(e)

an organism that belongs to a species, subspecies, infrasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand.

(2)

An organism is not a new organism if—

(a)

the organism is not a genetically modified organism and—

(i)

an approval is granted under section 35 or 38 to release an organism of the same taxonomic classification; or

(ii)

the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification without controls; or

(iii)

an organism of the same taxonomic classification has been prescribed as not a new organism; or

(b)

the organism is a genetically modified organism and—

(i)

an approval is granted under section 38 to release an organism of the same taxonomic classification with the same genetic modification; or

(ii)

the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification with the same genetic modification without controls; or

(iii)

an organism of the same taxonomic classification with the same genetic modification has been prescribed as not a new organism; or

(c)

the new organism was deemed to be a new organism under section 255 and other organisms of the same taxonomic classification were lawfully present in New Zealand before the commencement of that section and in a place that was not registered as a circus or zoo under the Zoological Gardens Regulations 1977.

(2A)

A new organism does not cease to be a new organism because—

(a)

it is subject to a conditional release approval; or

(b)

it is a qualifying organism approved for release with controls; or

(c)

it is an incidentally imported new organism.

(3)

Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Animals Act 1967 or the Plants Act 1970 is a new organism.

(4)

Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.

Section 2A: inserted, on 7 May 1999, by section 3 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 2A(1)(ca): inserted, on 30 October 2003, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(1)(cb): inserted, on 30 October 2003, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2): substituted, on 30 October 2003, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2)(a)(i): amended, on 20 April 2010, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 2A(2A): inserted, on 30 October 2003, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2A)(b): amended, on 9 April 2008, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 2A(2A)(c): added, on 9 April 2008, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).