The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 165 of the Biosecurity Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister for Biosecurity given after consultation in accordance with section 165(2) of that Act, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
	General provisions
3A	Restriction on application of regulations
4	Costs payable to Director-General
5	Costs exclusive of GST
6	Payment of costs
	Calculation of costs
7	Hourly rate costs
8	Travel costs
9	Waiting-time costs
10	On-call charges and call-out costs
10A	Incidental and additional costs
10B	Work done by veterinary inspectors outside standard working hours
10C	Work done by general inspectors and biosecurity advisers on public holidays and Ministry holidays
10D	Penal costs
10E	Missed appointment costs
	Other provisions
11	Inspector to decide whether goods imported for personal use of importer
12	Waiver of costs
	Revocation
13	Revocation
	Schedule Costs payable for activities
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Biosecurity (Costs) Regulations 2010.

2 Commencement

These regulations come into force on 1 July 2010.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Biosecurity Act 1993

activity means the performance or 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

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 a 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

assistance animal means an animal that is trained to assist a person with a disability

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; or

(c)

undertaking risk assessment of any goods, craft, or people arriving at the border

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

directly, in relation to an animal or animal material imported into New Zealand from a country that is a member of the European Community,—

(a)

includes —

(i)

an animal or animal material that remains on board the aircraft or vessel transporting the animal or animal material while in transit in a country that is not a member of the European Community en route to New Zealand; and

(ii)

animal material that disembarks the aircraft or vessel transporting the animal material while in transit in a country that is not a member of the European Community en route to New Zealand and that—

(A)

remains in the original container; or

(B)

is not repacked; but

(b)

does not include an animal that disembarks the aircraft or vessel transporting the animal while in transit in a country that is not a member of the European Community en route to New Zealand

European Community has the same meaning as in clause 3(1) of the Diplomatic Privileges (EC) Order 2004

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 means an engine, a motor, or any appliance that provides mechanical energy derived from compressed air, electricity, gas, gaseous products, steam, water, wind, the combustion of fuel, or any other source and includes—

(a)

any plant by or to which the motion of any machinery is transmitted; and

(b)

a tractor, a lifting machine, a lifting vehicle, and a machine whose motive power is wholly or partly generated by the human body

Ministry holiday means a day designated by the Director-General as a Ministry holiday and notified on a publicly accessible internet site maintained by or on behalf of the Ministry

moped has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

motor cycle 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)

plant means a member of the plant kingdom

public holiday means a public holiday as specified in section 44 of the Holidays Act 2003

reasonable costs means costs that have been calculated to cover a number of actual business expenses that relate to a particular activity or service (for example, wrapping or packaging)

ruminant protein control programme has the same meaning as registered programme in regulation 2 of the Biosecurity (Ruminant Protein) Regulations 1999

veterinary inspector means an inspector who is registered as a veterinarian or a specialist under the Veterinarians Act 2005.

(2)

In these regulations, a term or expression used that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Regulation 3(1) biosecurity adviser paragraph (b): amended, on 1 July 2015, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 3(1) biosecurity adviser paragraph (c): inserted, on 1 July 2015, by regulation 4(2) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 3(1) machinery: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 3(1) Ministry holiday: inserted, on 1 July 2024, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 3(1) pet animal: revoked, on 1 July 2024, by regulation 4(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 3(1) public holiday: inserted, on 1 July 2024, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

General provisions

3A Restriction on application of regulations

These regulations do not apply to an activity that is or is part of processing travellers to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.

Regulation 3A: inserted, on 15 February 2014, by section 21(2) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3).

4 Costs payable to Director-General

Costs payable under these regulations must be paid, on demand, to the Director-General.

5 Costs exclusive of GST

Costs payable under these regulations are exclusive of goods and services tax.

Regulation 5: replaced, on 1 July 2015, by regulation 5 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

6 Payment of costs

(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)

being on call and call-outs, under regulation 10:

(d)

incidental and additional expenses, under regulation 10A:

(e)

work done outside standard working hours, under regulation 10B:

(f)

work done on public holidays and Ministry holidays, under regulation 10C:

(g)

penal time, under regulation 10D:

(h)

missed appointments, under regulation 10E.

(2A)

Costs are only payable under these regulations at the specified veterinary inspector rates—

(a)

if a veterinary inspector’s expertise is required to undertake the relevant activities; and

(b)

for associated matters under regulations 8 to 10E.

(3)

The Director-General may require that,—

(a)

for any activities specified in any item in the Schedule where the costs are either hourly charges or actual and reasonable costs,—

(i)

the amount of costs estimated by him or her be paid before the activities are carried out; and

(ii)

after the activities are carried out, there be a reconciliation followed by an appropriate payment or refund:

(b)

for the activities specified in any item in the Schedule where the costs are fixed, the costs be paid in advance of the activities being carried out.

(4)

This regulation is subject to regulation 12 (which relates to waiver of costs).

Regulation 6(2): editorial changes made by the PCO, on 30 October 2024, under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).

Regulation 6(2)(c): amended, on 1 July 2024, by regulation 5(1) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2)(d): inserted, on 1 July 2024, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2)(e): inserted, on 1 July 2024, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2)(f): inserted, on 1 July 2024, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2)(g): inserted, on 1 July 2024, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2)(h): inserted, on 1 July 2024, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(2A): inserted, on 1 October 2023, by regulation 4 of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Regulation 6(2A)(b): replaced, on 1 July 2024, by regulation 5(3) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 6(3): replaced, on 1 July 2015, by regulation 6 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Calculation of costs

7 Hourly rate costs

(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)

To avoid 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.

8 Travel costs

(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 for a general inspector or a biosecurity adviser are—

(a)

$53.00 for an activity at a site that is 4 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):

(ab)

$107.57 for an activity at a site that is more than 4 km radius, but not more than 10 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site):

(b)

$166.10 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)

$226.84 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)

to be calculated in accordance with subclause (3) for an activity at a site that is more than 50 km radius from the base.

(3)

Travel costs for an activity at a site that is more than 50 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 the activity is carried out at more than 1 site); and

(b)

costs at the rate of 67 cents per kilometre for the distance travelled by the inspector or biosecurity adviser (or an equal share of that distance if the activity is carried out at more than 1 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 the activity is carried out at more than 1 site).

(4)

The hourly rate for travel costs for a general inspector or a biosecurity adviser is $155.50.

(4A)

The hourly rates for travel costs for a veterinary inspector are—

(a)

$216.84 for a veterinary inspector working at 1 times his or her hourly rate:

(b)

$222.69 for a veterinary inspector working at 1.5 times his or her hourly rate:

(c)

$263.62 for a veterinary inspector working at 2 times his or her hourly rate.

(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.

Regulation 8(2): amended, on 1 July 2015, by regulation 7(1) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(2)(a): replaced, on 1 July 2015, by regulation 7(2) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(2)(a): amended, on 1 July 2023, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 8(2)(ab): inserted, on 1 July 2015, by regulation 7(2) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(2)(ab): amended, on 1 July 2023, by regulation 4(2) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 8(2)(b): amended, on 1 July 2023, by regulation 4(3) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 8(2)(c): amended, on 1 July 2023, by regulation 4(4) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 8(3)(b): amended, on 1 July 2015, by regulation 7(5) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(4): replaced, on 1 July 2015, by regulation 7(6) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(4): amended, on 1 July 2023, by regulation 4(5) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 8(4A): inserted, on 1 July 2015, by regulation 7(6) of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 8(4A)(a): amended, on 1 July 2025, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 8(4A)(b): amended, on 1 July 2025, by regulation 4(2) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 8(4A)(c): amended, on 1 July 2025, by regulation 4(3) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

9 Waiting-time costs

(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)

$155.50 for a general inspector or a biosecurity adviser:

(b)

$216.84 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.

Regulation 9(3): replaced, on 1 July 2015, by regulation 8 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 9(3)(a): amended, on 1 July 2023, by regulation 5 of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Regulation 9(3)(b): amended, on 1 July 2025, by regulation 5 of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

10 On-call charges and call-out costs

(1)

An on-call charge of $45 per on-call shift is payable for a veterinary inspector who is on call to undertake, outside standard working hours, specialist functions and activities necessary for the import of live animals or germplasm.

(1A)

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,—

(a)

at the applicable hourly rate, for each inspector or biosecurity adviser recalled for the duration of the recall period:

(b)

at the applicable daily rate, for each inspector or biosecurity adviser recalled on a public holiday or Ministry holiday.

(3)

The hourly rates for call-out costs are—

(a)

$164.66 for a general inspector or a biosecurity adviser working at 1.5 times his or her hourly rate:

(b)

$192.34 for a general inspector or a biosecurity adviser working at 2 times his or her hourly rate:

(c)

$136.98 for a general inspector or a biosecurity adviser working on a public holiday or Ministry holiday.

(4)

The hourly rates for call-out costs for a veterinary inspector are—

(a)

$222.69 for a veterinary inspector working at 1.5 times his or her hourly rate:

(b)

$263.62 for a veterinary inspector working at 2 times his or her hourly rate:

(c)

$181.76 for a veterinary inspector working on a public holiday or Ministry holiday.

(4A)

The daily rates for call-out costs on a public holiday or Ministry holiday are—

(a)

$442.90 per day, in addition to the applicable hourly rate in subclause (3), for a general inspector or a biosecurity adviser:

(b)

$654.88 per day, in addition to the applicable hourly rate in subclause (4), for a veterinary inspector.

(4B)

Subclause (4C) applies if veterinary inspectors employed or engaged by the Ministry undertake specialist functions and activities, other than on public holidays or Ministry holidays, necessary for the import of live animals or germplasm.

(4C)

A minimum charge of 3 hours is payable at the applicable hourly rate set out in subclause (4)(a) and (b).

(5)

On-call charges and 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.

Regulation 10 heading: replaced, on 1 October 2023, by regulation 5(1) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Regulation 10(1): replaced, on 1 October 2023, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Regulation 10(1A): inserted, on 1 October 2023, by regulation 5(2) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Regulation 10(2)(b): amended, on 1 July 2024, by regulation 7(1) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10(3): replaced, on 1 July 2015, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 10(3)(a): amended, on 1 July 2024, by regulation 7(2) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10(3)(b): amended, on 1 July 2024, by regulation 7(3) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10(3)(c): inserted, on 1 July 2024, by regulation 7(4) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10(4): replaced, on 1 July 2015, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 10(4)(a): amended, on 1 July 2025, by regulation 6(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(4)(b): amended, on 1 July 2025, by regulation 6(2) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(4)(c): amended, on 1 July 2025, by regulation 6(3) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(4A): replaced, on 1 July 2024, by regulation 7(8) of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10(4A)(b): amended, on 1 July 2025, by regulation 6(4) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(4B): replaced, on 1 July 2025, by regulation 6(5) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(4C): inserted, on 1 July 2025, by regulation 6(5) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10(5): amended, on 1 October 2023, by regulation 5(4) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

10A Incidental and additional costs

The Director-General may require payment of the Ministry’s actual and reasonable costs, including actual and reasonable incidental and additional costs incurred in connection with any matters for which costs are prescribed by these regulations, including—

(a)

the costs of any external review, expert review, notification, product testing, travel, or accommodation:

(b)

disbursements incurred by the Ministry for the performance or exercise of any functions, powers, or duties referred to in the Schedule.

Regulation 10A: inserted, on 1 July 2015, by regulation 10 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

10B Work done by veterinary inspectors outside standard working hours

(1)

This regulation applies to work and related travel of a veterinary inspector for any activity prescribed in the second column of the Schedule while working at 1.5 times or 2 times his or her hourly rate.

(2)

If this regulation applies,—

(a)

any related travel costs that would otherwise be payable under regulation 8 are instead payable at the applicable rate set out in subclause (3):

(b)

any costs that would otherwise be payable at a rate prescribed by the Schedule are instead payable at the applicable rate set out in subclause (3).

(3)

The hourly rates for the work or travel costs are—

(a)

$222.69 for a veterinary inspector working at 1.5 times his or her hourly rate:

(b)

$263.62 for a veterinary inspector working at 2 times his or her hourly rate.

(4)

However, this regulation does not apply to any costs to which regulation 10 applies.

Regulation 10B: inserted, on 1 July 2015, by regulation 10 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Regulation 10B(3)(a): amended, on 1 July 2025, by regulation 7(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10B(3)(b): amended, on 1 July 2025, by regulation 7(2) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

10C Work done by general inspectors and biosecurity advisers on public holidays and Ministry holidays

(1)

This regulation applies to an activity carried out by a general inspector or a biosecurity adviser on a public holiday or Ministry holiday, unless call-out costs are payable under regulation 10 in relation to that carrying out of the activity.

(2)

The costs for the activity that would otherwise be payable at a rate prescribed by the Schedule are instead payable at the hourly rate set out in subclause (3).

(3)

The hourly rate is $229.25 for each general inspector or biosecurity adviser involved in the activity.

Regulation 10C: inserted, on 1 July 2024, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

10D Penal costs

(1)

Penal costs are payable for a veterinary inspector who carries out an activity during penal time.

(2)

The penal costs are payable, at the applicable hourly rate, for each veterinary inspector involved in the activity.

(3)

The hourly rates for penal costs are—

(a)

$58.47 for penal time worked at penal rate 0.5:

(b)

$116.94 for penal time worked at penal rate 1.0:

(c)

$233.88 for penal time worked at penal rate 2.0.

(4)

The penal 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.

(5)

In this regulation,—

penal time, in relation to a veterinary inspector,—

(a)

means time worked by the inspector during a 40-hour week from Monday to Sunday, or on a public holiday or Ministry holiday, for which the inspector is entitled by their employment agreement to penal rates; but

(b)

excludes time worked at 1.5 or 2 times the inspector’s hourly rate, except as provided for in paragraph (e) of the definition of penal time worked at penal rate 1.0

penal time worked at penal rate 0.5 means either of the following:

(a)

penal time worked between midnight and 2 am on a weekday (except on a public holiday or Ministry holiday) as part of a rostered period of work starting the previous day:

(b)

the first 3 hours of penal time worked between midnight and noon on a Saturday (except on a public holiday or Ministry holiday)

penal time worked at penal rate 1.0 means any of the following:

(a)

penal time worked between 2 am and 6 am on a weekday as part of a rostered period of work starting the previous day:

(b)

penal time worked on a Saturday or Sunday, except penal time worked at penal rate 0.5:

(c)

penal time worked on a public holiday or Ministry holiday:

(d)

penal time, other than the first hour, worked during the 6-hour period from midnight to 6 am on a weekday as part of a rostered period of work starting during that 6-hour period:

(e)

the first hour (or part-hour) of penal time that is worked—

(i)

at 2 times the inspector’s hourly rate; and

(ii)

on a Saturday or Sunday as part of a rostered period of work starting between midnight and 6 am.

penal time worked at penal rate 2.0 means the first hour (or part-hour) of penal time worked during the 6-hour period from midnight to 6 am on a weekday (except on a public holiday or Ministry holiday) as part of a rostered period of work starting during that 6-hour period

Regulation 10D: inserted, on 1 July 2024, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10D(3)(a): amended, on 1 July 2025, by regulation 8(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10D(3)(b): amended, on 1 July 2025, by regulation 8(2) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Regulation 10D(3)(c): amended, on 1 July 2025, by regulation 8(3) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

10E Missed appointment costs

(1)

A missed appointment charge of $54.21 is payable for failing to make use of a scheduled booking with a veterinary inspector without contacting the Ministry beforehand to cancel it, unless waiting-time costs are payable in relation to the booking under regulation 9.

(2)

A charge payable under subclause (1) is 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.

Regulation 10E: inserted, on 1 July 2024, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Regulation 10E(1): amended, on 1 July 2025, by regulation 9 of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Other provisions

11 Inspector to decide whether goods imported for personal use of importer

(1)

An inspector must decide whether, in his or her opinion, the goods specified in the second column of items 1, 6, and 7 of the Schedule are goods being imported for the personal use of the importer.

(2)

In forming his or her opinion, an inspector must take into account 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)

personal baggage and effects:

(b)

household goods that are not intended for any 1 or more of the uses specified in subclause (4).

(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).

12 Waiver of costs

(1)

The Director-General may, if satisfied that either of the circumstances in subclause (2) exists,—

(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)

that 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.

Revocation

13 Revocation

The Biosecurity (Costs) Regulations 2006 (SR 2006/216) are revoked.

Schedule Costs payable for activities

r 6

Schedule: replaced, on 1 July 2015, by regulation 11 of the Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90).

Item	Function, power, or duty for which costs are payable	Costs	Costs payable by
Inspection of goods generally
1	Inspection of goods (except goods imported for the personal use of the importer) for the purpose of ascertaining whether those goods should be cleared	$155.50 per hour for each general inspector involved and $216.84 per hour for each veterinary inspector involved	Importer
Tests, examinations, and treatment of goods that harbour or may harbour organisms
2	Tests, examinations, and treatments of imported goods, that harbour, or may harbour, an organism, that are— (a) carried out by the Ministry; 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)	$155.50 per hour for each general inspector involved and $216.84 per hour for each veterinary inspector involved; and actual and reasonable costs of the tests, examinations, and treatments	Importer
Inspection of motor cycles, mopeds, and motor vehicles at ports approved as places of first arrival
3	Inspection, and each re-inspection after treatment, of a consignment of a single used motor cycle or moped carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the consignment should be cleared	$27.49 per motor cycle or moped	Importer
4	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 motor cycle or moped) carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the consignment should be cleared	$75.31 per motor vehicle	Importer
5	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 carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the consignment should be cleared	$92.43 per motor vehicle	Importer
Inspection of unaccompanied goods imported for personal use
6	Inspection of unaccompanied goods imported for personal use of the importer for the purpose of ascertaining whether those goods should be cleared	$38.88 for 1 item	Importer
		$77.74 for 2 to 4 items
		$155.50 for 5 to 12 items
		$202.15 for 13 to 20 items
		$241.03 for 21 to 28 items
		$279.89 for 29 to 36 items
		$38.88 for each block or part block of 8 items exceeding 36 items
Inspection of goods not prescribed elsewhere in Schedule
7	Inspection, and each re-inspection after treatment of any goods (except accompanied goods imported for the personal use of the importer) that are required to be inspected under the Act for the purpose of ascertaining whether the goods should be cleared, and for which costs are not prescribed elsewhere in this Schedule	$155.50 per hour for each general inspector involved and $216.84 per hour for each veterinary inspector involved	Importer
Monitoring controls on new organisms and inspection of animals, animal material, or plants
8	Monitoring controls on new organisms in containment facilities	$155.50 per hour for each general 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
		$216.84 per hour for each veterinary inspector involved

9	Inspection of an animal after arrival for the purpose of ascertaining whether the animal should— (a) be cleared; or (b) be directed to be held in a transitional or containment facility for inspection and monitoring (see item 11)	$155.50 per hour for each general inspector involved or $216.84 per hour for each veterinary inspector involved (unless another rate applies under this item)	Importer
		$325.26 for a first cat or dog and $108.42 for each additional cat or dog inspected at the same time, plus $216.84 per hour for each veterinary inspector for inspection time in excess of 90 minutes for the first cat or dog or in excess of 30 minutes for an additional cat or dog
		No costs apply in relation to an assistance animal if the animal is accompanying a person who requires animal assistance
10	Inspection of an animal that— (a) is on board a craft within New Zealand territory; and (b) is not intended to be cleared	$155.50 per hour for each general inspector involved and $216.84 per hour for each veterinary inspector involved	Operator of craft
11	Inspection and monitoring of an animal or plant held in a transitional or containment facility for the purpose of ascertaining whether the animal or plant should— (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	$155.50 per hour for each general inspector involved	Importer
		$216.84 per hour for each veterinary inspector involved

12	Inspection of a consignment of animal material (other than fish meal) for the purpose of ascertaining whether it should be cleared	$155.50 per hour for each general inspector involved	Importer
		$216.84 per hour for each veterinary inspector involved
Treatment, destruction, or disposal of risk goods
13	Treatment, before being cleared, of risk goods imported— (a) in a person’s baggage (whether or not the baggage is accompanied); or (b) through the mail; or (c) among personal effects	Actual and reasonable costs of treatment; and any costs of packaging, storing, forwarding, and returning the goods before and after treatment	Importer
14	Treatment of imported risk goods, other than risk goods specified in item 13	Actual and reasonable costs of treatment; and any costs of packaging, storing, forwarding, and returning the goods before and after treatment	Importer
15	Destruction, transportation, re-shipment, or other disposal of goods	Actual and reasonable costs of destruction, transportation, re-shipment, or other disposal	Importer
16	Supervising, or advising on, destruction, transportation, re-shipment, or other disposal of goods	$155.50 per hour for each inspector or biosecurity adviser involved	Importer
Permits issued under import health standards
17	Processing an application for a permit, or amendment to a permit, under import health standards	$233.25 for each application processed, plus $155.50 per hour for each biosecurity adviser for processing beyond the first 1.5 hours.	Applicant
Transitional and containment facilities
18	Processing an application for approval of a transitional or containment facility, or a facility operator	$1,244.00 for each application processed, plus $155.50 per hour for each general inspector or biosecurity adviser for processing beyond the first 8 hours	Applicant
18A	Processing an application under item 18 for which a veterinary inspector’s expertise is required.	$1,084.20 for each application processed, plus $216.84 per hour for each veterinary inspector for processing beyond the first 5 hours	Applicant
19	Inspection and compliance auditing of a transitional or containment facility, to ascertain whether it should be approved, or continue to be approved, under section 39 of the Act	$155.50 per hour for each general inspector or biosecurity adviser involved, and $216.84 per hour for each veterinary inspector involved	Applicant or facility operator (as the case may be)
20	Investigation and compliance auditing of a facility operator, or proposed operator, to ascertain whether the operator or proposed operator should be approved, or continue to be approved, under section 40 of the Act	$155.50 per hour for each general inspector or biosecurity adviser involved, and $216.84 per hour for each veterinary inspector involved	Applicant or facility operator (as the case may be)
21	Assessing results obtained from inspection and compliance auditing of a transitional or containment facility, determining whether to confirm that the facility can continue to be approved under section 39 of the Act and, if appropriate, issuing confirmation documentation Development and maintenance of facility and operator administrative systems and processes, including legal and finance (invoicing) systems Development and maintenance of databases and registers Dealing with general and technical enquiries, including time spent in sourcing requested information and undertaking required research	$453.18 per annum for each registered facility	Facility operator
Auditing a ruminant protein control programme
22	Investigation and compliance auditing of a ruminant protein control programme under regulation 7A of the Biosecurity (Ruminant Protein) Regulations 1999	$216.84 per hour for each inspector or authorised person involved who is employed under the Public Service Act 2020 or who is an agent of, or contracted to, the Ministry	Operator
Functions, powers, and duties not prescribed elsewhere in Schedule
23	Performing or exercising a function, power, or duty— (a) required to be undertaken under the Act or regulations made under the Act; and (b) not prescribed elsewhere in this schedule	$155.50 per hour for each general inspector or biosecurity adviser involved $216.84 per hour for each veterinary inspector involved	Person whose actions result in the function, power, or duty being required
24	Carrying out an activity relating to equivalences or Chief Technical Officer directions due to an individual or company’s non-compliance with import health standards or other import regulations, or providing advice, beyond an initial 15-minute period, to an importer in relation to the importation of goods	$155.50 per hour for each biosecurity adviser involved	Importer
25	Technical staff providing support for the delivery of specialist services	$135.00 per hour, in 15-minute increments, plus actual and reasonable costs incurred	Person whose actions result in the function being required

Schedule item 1: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 1: amended, on 1 July 2023, by regulation 7(1) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 2: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 2: amended, on 1 July 2023, by regulation 7(2) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 3: amended, on 1 July 2023, by regulation 7(3) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 4: amended, on 1 July 2023, by regulation 7(4) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 5: amended, on 1 July 2023, by regulation 7(5) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 6: replaced, on 1 July 2023, by regulation 7(6) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 7: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 7: amended, on 1 July 2023, by regulation 7(7) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 8: replaced, on 1 July 2018, by regulation 4(1) of the Biosecurity (Costs) Amendment Regulations 2018 (LI 2018/90).

Schedule item 8: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 8: amended, on 1 July 2023, by regulation 7(8) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 9: replaced, on 1 July 2018, by regulation 4(2) of the Biosecurity (Costs) Amendment Regulations 2018 (LI 2018/90).

Schedule item 9: amended, on 1 July 2025, by regulation 10(2)(a) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 9: amended, on 1 July 2025, by regulation 10(2)(b) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 9: amended, on 1 July 2025, by regulation 10(2)(c) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 9: amended, on 1 July 2024, by regulation 10 of the Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90).

Schedule item 9: amended, on 1 July 2023, by regulation 7(9) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 10: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 10: amended, on 1 July 2023, by regulation 7(10) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 11: replaced, on 1 July 2018, by regulation 4(3) of the Biosecurity (Costs) Amendment Regulations 2018 (LI 2018/90).

Schedule item 11: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 11: amended, on 1 July 2023, by regulation 7(11) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 12: replaced, on 1 July 2018, by regulation 4(4) of the Biosecurity (Costs) Amendment Regulations 2018 (LI 2018/90).

Schedule item 12: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 12: amended, on 1 July 2023, by regulation 7(12) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 16: amended, on 1 July 2023, by regulation 7(13) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 17: amended, on 1 July 2023, by regulation 7(14)(a) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 17: amended, on 1 July 2023, by regulation 7(14)(b) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 18: replaced, on 1 July 2023, by regulation 7(15) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 18: amended, on 1 October 2023, by regulation 6(1) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Schedule item 18A: inserted, on 1 October 2023, by regulation 6(2) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Schedule item 18A: amended, on 1 July 2025, by regulation 10(3)(a) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 18A: amended, on 1 July 2025, by regulation 10(3)(b) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 19: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 19: amended, on 1 October 2023, by regulation 6(3) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Schedule item 19: amended, on 1 July 2023, by regulation 7(16) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 20: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 20: amended, on 1 October 2023, by regulation 6(4) of the Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225).

Schedule item 20: amended, on 1 July 2023, by regulation 7(17) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 21: amended, on 1 July 2023, by regulation 7(18) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 22: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 22: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Schedule item 23: amended, on 1 July 2025, by regulation 10(1) of the Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126).

Schedule item 23: amended, on 1 July 2023, by regulation 7(19) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 24: amended, on 1 July 2023, by regulation 7(20) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Schedule item 25: amended, on 1 July 2023, by regulation 7(21) of the Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 3 June 2010.

Notes

1 General

This is a consolidation of the Biosecurity (Costs) Regulations 2010 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Biosecurity (Costs) Amendment Regulations 2025 (SL 2025/126)

Biosecurity (Costs) Amendment Regulations 2024 (SL 2024/90)

Biosecurity (Costs) Amendment Regulations (No 2) 2023 (SL 2023/225)

Biosecurity (Costs) Amendment Regulations 2023 (SL 2023/99)

Public Service Act 2020 (2020 No 40): section 135

Biosecurity (Costs) Amendment Regulations 2018 (LI 2018/90)

Health and Safety at Work Act 2015 (2015 No 70): section 232

Biosecurity (Costs) Amendment Regulations 2015 (LI 2015/90)

Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3): section 21(2)