Hon David Carter
Government Bill
256—1
Explanatory note
1 Title
2 Commencement
Part 1Amendments to Biosecurity Act 1993
3 Principal Act amended
4 Interpretation
5 New sections 2A and 2B inserted
2A Interpretation of import
2B Interpretation of specified in relation to organisms
6 Application of Act to syndromes of uncertain origin
7 Section 4 substituted
4 Application of Act in territorial sea
8 Section 5 substituted
5 Act binds the Crown
9 Land may include parts of boundary roads
10 Powers of responsible Minister
11 Section 10 substituted
10 Functions of Ministers in relation to national plans
12 Responsible Minister may require information
13 New cross headings and sections 12A and 12B inserted
Director-General
12A Director-General provides overall leadership
Local authorities
12B Regional council provides leadership regionally
14 Powers of regional councils
15 Powers of territorial authorities
16 Transfer of powers, etc., by local authorities
17 Sections 16 to 16B substituted
16 Purpose of Part 3
16A General duty relating to importation
16B Duties of importers
18 Section 17 substituted
17 Notice of craft's intended arrival in New Zealand
19 Arrival of craft in New Zealand
20 Sections 22 to 22AF and cross heading substituted
22 Meaning of import health standard
22AA Process
22AB Facilitating compliance
Craft risk management standards
22AC Meaning of craft risk management standard
22AD Process
22AE Facilitating compliance
22AF Craft risk management plans
21 Process for independent review panel to be established
22 Goods to be cleared for entry into New Zealand
23 Section 26 substituted
26 Clearances by inspectors
24 Sections 27 and 27A substituted
27 Requirements for clearances
27A Post-clearance conditions on clearances
25 Section 28B substituted
28B Biosecurity clearance for certain new organisms and qualifying organisms
26 Uncleared imports
27 Processing unaccompanied goods
28 Boarding of craft
29 Sections 35 and 35A substituted
35 Duties of persons in biosecurity control areas
35A Duty of persons to remain in biosecurity control areas
30 Movement of risk goods
31 Approval of transitional facilities and containment facilities
32 Approval of facility operators
33 New sections 40A to 40F inserted
40A Suspension of facility approval
40B Notice requirements
40C Effect of suspension and extension
40D Suspension of operator approval
40E Notice requirements
40F Effect of suspension and extension
34 Purpose of Part 4
35 Notifiable organisms
36 Communication of pest or notifiable organism
37 Parts 5 and 5A substituted
Part 5Pest management
54 Purpose of this Part
55 Responsible Minister may assign responsibility for decisions
Policy direction
56 Responsible Minister provides leadership through national policy direction
57 Process for making national policy direction
58 Process for amending or revoking and replacing national policy direction
Pest management plans
National pest management plans
59 Definitions for sections 60 to 66
60 Relationship of rules and plan with law
61 Plan initiated by proposal
62 Requirements to proceed with plan
63 Consultation on proposal
64 Contents of plan
65 Making of plan
66 Exemptions from rules
Regional pest management plans
67 Definitions for sections 68 to 76
68 Relationship of rules with law
69 Plan initiated by proposal
70 Requirements to proceed with plan
71 Consultation on proposal
72 Contents of plan
73 Decision on plan
74 Application to Environment Court about plan
75 Making of plan
76 Exemptions from rules
Pathway management plans
National pathway management plans
77 Definitions for sections 78 to 84
78 Relationship of rules and plan with laws
79 Plan initiated by proposal
80 Requirements to proceed with plan
81 Consultation on proposal
82 Contents of plan
83 Making of plan
84 Exemptions from rules
Regional pathway management plans
85 Definitions for sections 86 to 94
86 Relationship of rules with law
87 Plan initiated by proposal
88 Requirements to proceed with plan
89 Consultation on proposal
90 Contents of plan
91 Decision on plan
92 Application to Environment Court about plan
93 Making of plan
94 Exemptions from rules
Implementation of plans
95 Definitions for sections 96 to 100B
96 Management agencies
97 Powers in Part 6
98 Operational plans
99 Duration of plans
100 Review of plans
100A Application to Environment Court if regional plan not reviewed
100B Minor changes to plans
Councils' powers and duties relating to regional plans
100C Councils' powers and duties
Compensation
100D Compensation
Funding of implementation of plans
100E Definitions for sections 100F to 100N
100F Limitation on expenditure
Funding from levy
100G Levy orders
100H Effect of order
100I Contents of order
100J Trust accounts for levy money
100K Compliance audits for levy
100L Power of auditors to require production of documents
100M Management agency to account for levy
100N Orders to be confirmed
Funding from rates
100O Regional pest management plan or regional pathway management plan
100P National pest management plan or national pathway management plan
Small-scale management programmes
100Q Regional council may declare small-scale management programme
100R Exercise of powers under programme
Part 5AGovernment/industry agreement for readiness or response
100S Purpose of Part 5A
100T Definitions for Part 5A
100U Government/industry agreement
100V Industry organisations entitled to be parties
100W Readiness or response levy orders
100X Effect of order
100Y Contents of order
100Z Trust accounts for levy money
100ZA Compliance audits for levy
100ZB Power of auditors to require production of documents
100ZC Orders to be confirmed
38 Inspectors, authorised persons, and accredited persons
39 New sections 105A to 105F inserted
105A Call in of powers or functions
105B Appointment of auditors
105C Audits
105D Auditors' general duties
105E Auditors' powers
105F Auditors' duties relating to power of entry
40 Sections 107 to 107B substituted
107 Power to detain for purpose of checking for uncleared risk goods
107A Power to detain for purpose of checking for unauthorised goods
107B Power to detain for public health or law enforcement purposes
41 Power of inspection
42 Section 114 substituted
114 General powers
43 New section 117A inserted
117A Seizure and detention of goods or documents as evidence for other enactments
44 Power to seize abandoned goods
45 Section 120 substituted
120 Power to intercept risk goods
46 Power to examine organisms
47 Power to apply article or substance to place
48 Prohibition or control of certain tests
49 Power to give directions
50 Inspection of and intervention in transitional facilities and containment facilities
51 Road blocks, cordons, check-points, etc.
52 Options for cost recovery
53 Levies
54 Power of Auditors to require production of statements and records
55 New cross headings and sections 142A to 142T inserted
Biosecurity database
142A Establishment
142B Information from local authorities
142C Access, use, or disclosure
142D Person may require Director-General not to access, use, or disclose information
142E Voluntary provision of information
Automated electronic systems
142F Arrangement for system
142G Effect of use of system
Risk profiling
142H Retention and use of information for risk profiling
Disclosure of personal information
142I Disclosure of personal information in New Zealand
142J Disclosure of personal information outside New Zealand
142K Disclosure of personal information outside New Zealand: urgent action required
Incorporation by reference
142L Definitions for sections 142M to 142T
142M Incorporation in biosecurity documents
142N Requirement to consult on proposal to incorporate material
142O Effect of amendments to, or replacement of, material incorporated
142P Proof of material incorporated
142Q Effect of expiry of material incorporated
142R Access to material incorporated
142S Effect of other enactments
142T Latest standard work of reference or register
56 Purpose of Part 7
57 Declaration of biosecurity emergency
58 Emergency powers
59 Section 146 substituted
146 Duration of emergency
60 Biosecurity emergency regulations
61 Sections 154 to 154N substituted and cross headings inserted
Compliance orders
154 Scope
154A Content
154B Service
154C Compliance
154D Change or cancellation
154E Appeals
154F Effect of appeal
Pecuniary penalties
154G Pecuniary penalty order
154H Liability of principals and employers
154I Amount
154J Other orders instead of or in addition to pecuniary penalty order
154K Concurrent criminal proceedings and pecuniary penalty proceedings
Offences
154L Section 154L offence
154M Section 154M offences
154N Section 154N offences
62 Penalties
63 Proceedings for infringement offences
64 Accelerated infringement notice procedure for border infringement offences
65 Evidence in proceedings
66 New Part 8A inserted
Part 8AExclusive economic zone
162AA Definitions for this Part
162AB Application of Act in EEZ
162AC Application of Act to fish and mammals taken in EEZ
162AD Purpose of Part 3
162AE Notice of intended arrival of craft in EEZ
162AF Arrival of craft in EEZ
162AG Persons in charge of certain craft to obey directions of inspector or authorised person
162AH Craft risk management standards and plans
162AI Boarding of craft
162AJ Powers relating to craft
162AK Risk goods on board craft
162AL Duty to provide information
162AM General duty to inform
162AN Duty to report notifiable organisms
162AO Requirements to proceed with plan
162AP Contents of plan
162AQ Declaration of biosecurity emergency
162AR Emergency powers
162AS Provisional control action
162AT Offences
162AU Regulations
67 Section 162A substituted
162A Compensation
68 Protection of inspectors and others
69 New section 164D inserted
164D Consultation about regulations
70 Section 165 substituted
165 Regulations
71 General provisions as to regulations
72 Schedule 2 repealed
73 Transitional provision on pest management
74 Transitional provision on import health standards on ballast water or biofouling
75 Transitional provision on compensation
Part 2Amendments relating to ballast water
76 Amendments to Maritime Transport Act 1994
Ballast water management levy
197A Regulations may impose levy
197B Content of regulations
197C Collection of levy
197D Distraint and detention
Ballast water
246A Conditions on discharge
246B Offence of discharging ballast water
77 Amendments to Maritime Transport (Marine Protection Conventions) Order 1999
78 Amendments to Resource Management (Marine Pollution) Regulations 1998
Part 3Related amendments to other enactments
79 Amendment to Ombudsmen Act 1975
80 Amendments to Wild Animal Control Act 1977
81 Amendments to Wildlife Act 1953
82 Transitional provision on wallabies and possums
83 Consequential amendments and revocations
Schedule Consequential amendments and revocations
The Parliament of New Zealand enacts as follows: