Biosecurity Act 1993

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Reprint as at 28 September 2017

Biosecurity Act 1993

Public Act		1993 No 95
Date of assent		26 August 1993
Commencement		see section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

	Title
1	Short Title and commencement
	Part 1 Preliminary
2	Interpretation
2A	Interpretation of import
2B	Interpretation of specified in relation to organisms
3	Application of Act to syndromes of uncertain origin
4	Application of Act in territorial sea
5	Act binds the Crown
6	Land may include parts of boundary roads
7	Relationship with other enactments
7A	Relationship with Resource Management Act 1991
7B	Relationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7C	Public notice of decision to exempt action
7D	Regulations may continue exemption
7E	Border information supplied using JBMS must be supplied in approved form and manner
7F	Duty to use JBMS to supply border information to Ministry
	Part 2 Functions, powers, and duties
	Ministers
8	Responsibilities of responsible Minister
9	Powers of responsible Minister
10	Functions of Ministers in relation to national plans
11	Other powers of Ministers
12	Responsible Minister may require information
	Director-General
12A	Director-General provides overall leadership
	Local authorities
12B	Regional council provides leadership regionally
13	Powers of regional councils
14	Powers of territorial authorities
15	Transfer of powers, etc, by local authorities
	Part 3 Importation of risk goods
16	Purpose of Part 3
16A	General duty relating to importation
16B	Duty of importers to comply with import health standards
16C	Duty of importers not to abandon goods
	Arrival of craft
17	Notice of craft’s intended arrival in New Zealand
17A	Inward cargo report
18	Arrival of craft in New Zealand
19	Persons in charge of certain craft to obey directions of inspector or authorised person
	Import health standards
20	Import health permits [Repealed]
21	Criteria for issue of import health permits [Repealed]
22	Meaning of import health standard
22A	Process for independent review panel to be established [Repealed]
23	From draft to recommendation
24	Review
24A	Issue
24B	Amendment, revocation, suspension, and reinstatement
24C	Publication
24D	Compliance
	Craft risk management standards
24E	Meaning of craft risk management standard
24F	From draft to recommendation
24G	Issue
24H	Amendment, revocation, suspension, and reinstatement
24I	Publication
24J	Compliance
24K	Craft risk management plans
	Clearance of risk goods
25	Goods to be cleared for entry into New Zealand
26	Clearances by inspectors
27	Requirements for clearances
27A	Post-clearance conditions on clearances
28	Restrictions on giving clearances
28A	Dealing with suspected new organism
28B	Biosecurity clearance for certain new organisms and qualifying organisms
29	Restricted organisms to be contained
	Inspections, declarations, etc
30	Uncleared imports
30A	Processing unaccompanied goods
31	Boarding of craft
32	Powers relating to craft
33	Risk goods on board craft
34	Disembarkation
35	Duties of persons in biosecurity control areas
35A	Duty of persons to remain in biosecurity control areas
36	Movement of risk goods
37	Approval of ports as places of first arrival
37A	Approval of arrival of craft at port not approved as place of first arrival
37B	Suspension of approval
37C	Port operators
37D	Director-General to consult chief executives
38	Importers’ records
39	Approval and cancellation of approval of transitional facilities and containment facilities
40	Approval and cancellation of approval of facility operators
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
41	Designation of quarantine area
	Definitions for information-sharing provisions
41A	Definitions
	Interim arrangements for information sharing [Repealed]
41B	Purpose of sections 41C to 41E [Repealed]
41C	Interim collection of border information [Repealed]
41D	Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency [Repealed]
41E	Interim access to border information [Repealed]
41F	Expiry of sections 41B to 41E and agreements made under section 41E [Repealed]
	Information sharing for joint border management
41GAA	Application of sections 41G to 41I
41G	Collection of border information
41H	Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
41I	Ministry may access border information
	Part 4 Surveillance and prevention
42	Purpose of Part 4
43	Duty to provide information
44	General duty to inform
45	Notifiable organisms
46	Duty to report notifiable organisms
47	Imported risk goods [Repealed]
48	Power to require information
49	Use of information
50	Identification systems
51	Duties relating to identification of organisms
52	Communication of pest or unwanted organism
53	Duties of owners of organisms
	Part 5 Pest 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 67
60	Relationship of rules and plan with law
61	First step: plan initiated by proposal
62	Second step: satisfaction on requirements
63	Third step: satisfaction with consultation or requirement of more consultation
64	Fourth step: approval of preparation of plan and decision on management agency
65	Fifth step: satisfaction on contents of plan and requirements
66	Making of plan
67	Exemptions from rules
	Regional pest management plans
68	Definitions for sections 69 to 78
69	Relationship of rules with law
70	First step: plan initiated by proposal
71	Second step: satisfaction on requirements
72	Third step: satisfaction with consultation or requirement of more consultation
73	Fourth step: approval of preparation of plan and decision on management agency
74	Fifth step: satisfaction on contents of plan and requirements
75	Sixth step: decision on plan
76	Application to Environment Court about plan
77	Making of plan
78	Exemptions from rules
	Pathway management plans
	National pathway management plans
79	Definitions for sections 80 to 87
80	Relationship of rules and plan with laws
81	First step: plan initiated by proposal
82	Second step: satisfaction on requirements
83	Third step: satisfaction with consultation or requirement of more consultation
84	Fourth step: approval of preparation of plan and decision on management agency
85	Fifth step: satisfaction on contents of plan and requirements
86	Making of plan
87	Exemptions from rules
	Regional pathway management plans
88	Definitions for sections 89 to 98
89	Relationship of rules with law
90	First step: plan initiated by proposal
91	Second step: satisfaction on requirements
92	Third step: satisfaction with consultation or requirement of more consultation
93	Fourth step: approval of preparation of plan and decision on management agency
94	Fifth step: satisfaction on contents of plan and requirements
95	Sixth step: decision on plan
96	Application to Environment Court about plan
97	Making of plan
98	Exemptions from rules
	Implementation of plans
99	Definitions for sections 100 to 100G
100	Management agencies
100A	Powers in Part 6
100B	Operational plans
100C	Duration of plans
100D	Review of plans
100E	Review of plans after national policy direction approved, amended, or revoked and replaced
100F	Application to Environment Court if regional plan not reviewed
100G	Minor changes to plans
	Councils’ powers and duties relating to regional plans
100H	Councils’ powers and duties
	Compensation
100I	Compensation
	Funding of implementation of plans
100J	Definitions for sections 100K to 100S
100K	Limitation on expenditure
	Funding from levy
100L	Levy orders
100M	Effect of order
100N	Contents of order
100O	Trust accounts for levy money
100P	Compliance audits for levy
100Q	Power of auditors to require production of documents
100R	Management agency to account for levy
100S	Orders are confirmable instruments
	Funding from rates
100T	Regional pest management plan or regional pathway management plan
100U	National pest management plan or national pathway management plan
	Small-scale management programmes
100V	Regional council may declare small-scale management programme
100W	Exercise of powers under programme
	Part 5A Government/industry agreement for readiness or response
100X	Purpose of Part 5A
100Y	Definitions for Part 5A
100Z	Government/industry agreement for readiness or response
100ZA	Industry organisation
100ZB	Readiness or response levy orders
100ZC	Effect of order
100ZD	Contents of order
100ZE	Trust accounts for levy money
100ZF	Compliance audits for levy
100ZG	Power of auditors to require production of documents
100ZH	Orders are confirmable instruments
	Part 6 Administrative provisions
	Appointments and delegations
101	Chief technical officers
102	Deputy chief technical officers
103	Inspectors, authorised persons, and accredited persons
104	Authorised persons to comply with instructions
105	Delegation to authorised persons
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
	Administrative powers
106	Power to require assistance
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
108	Power to search people
109	Power of inspection
110	Warrant to inspect dwellinghouse, marae, etc
111	Entry in respect of offences
112	Duties on exercising power of entry
113	Power to record information
114	General powers
114A	Application of articles or substances from aircraft
115	Use of dogs and devices
116	Power to seize and dispose of unauthorised goods
117	Expenses and compensation
117A	Seizure and detention of goods or documents as evidence for other enactments
118	Power to seize evidence
119	Power to seize abandoned goods
120	Power to intercept risk goods
121	Power to examine organisms
121A	Power to apply article or substance to place
121B	Prohibition or control of certain tests
122	Power to give directions
123	Power to vaccinate, etc
124	Power to destroy organism on non-payment of fees
125	Transitional facility direction
126	Inspection of and intervention in transitional facilities and containment facilities
127	Destruction of imported organisms
128	Power to act on default
129	Liens
	Place and area controls
130	Declaration of restricted place
131	Declaration of controlled area
132	Road blocks, cordons, checkpoints, etc
133	Duration of place and area declarations
134	Enforcement of area controls
	Recovery of costs
135	Options for cost recovery
136	Failure to pay
137	Levies
138	Orders are confirmable instruments
139	Restrictions on levies
140	Contents of levy order
140AA	Levies for recovering border processing costs
140AB	Contents of border processing levy order
140A	Trust accounts for levy money payable to Director-General
141	Effect of levy order
141A	Orders to provide for records to be kept for Director-General’s levy
141B	Compliance audits for Director-General’s levy
141C	Purpose of compliance audits for Director-General’s levy
141D	Power of auditors to require production of statements and records
142	Resolution of disputes
	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 142S
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
	Part 7 Exigency actions
143	Purpose of Part 7
144	Declaration of biosecurity emergency
145	Emergency powers
146	Duration of emergency
147	House of Representatives must be informed
148	Revocation by House of Representatives of biosecurity emergency [Repealed]
149	Compensation [Repealed]
150	Biosecurity emergency regulations
151	Emergency regulations are confirmable instruments
152	Provisional control action
153	Compensation following investigation of pests [Repealed]
	Part 8 Enforcement, offences, and penalties
	Compliance orders
154	Scope
154A	Content
154B	Service
154C	Compliance
154D	Change or cancellation
154E	Appeal to District Court
154F	Appeal to High Court, Court of Appeal, or Supreme Court
154G	Effect of appeal
	Pecuniary penalties
154H	Pecuniary penalty order
154I	Liability of principals and employers
154J	Amount
154K	Other orders instead of or in addition to pecuniary penalty order
154L	Concurrent criminal proceedings and pecuniary penalty proceedings
	Offences
154M	Section 154M offence
154N	Section 154N offences
154NA	Section 154NA offence relating to failure to update information supplied in advance
154O	Section 154O offences
155	Proof of permission, etc
156	Liability of principals and agents
157	Penalties
158	Fines to be paid to management agency instituting prosecution [Repealed]
159	Proceedings for infringement offences other than border infringement offences
159A	Accelerated infringement notice procedure for border infringement offences
160	Who gets payments of fines, fees, and pecuniary penalties
160A	Procedure for certain declaration offences [Repealed]
161	Evidence in proceedings
162	Time for filing charging document for certain offences
	Part 8A Exclusive 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	Interpretation
162AE	Purpose of Part 3
162AF	Notice of intended arrival of craft in EEZ
162AG	Arrival of craft in EEZ
162AH	Persons in charge of certain craft to obey directions of inspector or authorised person
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	Second step: satisfaction on requirements
162AP	Fourth step: approval of preparation of plan and decision on management agency
162AQ	Second step: satisfaction on requirements
162AR	Fourth step: approval of preparation of plan and decision on management agency
162AS	Definitions for Part 5A
162AT	Declaration of controlled area
162AU	Declaration of biosecurity emergency
162AV	Emergency powers
162AW	Provisional control action
162AX	General provisions as to regulations
	Part 9 Miscellaneous provisions
162A	Compensation
163	Protection of inspectors and others
164	Liability for goods
164A	Procedure for giving directions or making requirements
164B	Application of section 164A
164C	Registration of unwanted organisms
164D	Consultation about regulations
165	Regulations
165A	Regulations relating to definition of Ministry-related border management function in section 41A(1)
166	General provisions as to regulations
167	Repeals and revocations
168	Enactments amended
	Part 10 Savings and transitional provisions
169	Savings of Animals Act 1967 for limited administrative purposes [Repealed]
170	Savings of Plants Act 1970 for limited administrative purposes
171	Savings of Apiaries Act 1969 for limited administrative purposes [Repealed]
172	Transition of emergency proclamations
173	Transitional continuance of regulations
174	Transitional provision concerning inspectors, etc
175	Transition of quarantine appointments
176	Transition of import permits and exemptions [Repealed]
177	Transition of notices under section 13A of Animals Act 1967
178	Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer
179	Transitional control of agricultural pests [Expired]
180	Compensation for certain slaughtered animals [Expired]
181	Transitional control of plant pests [Expired]
182	Transitional control of bee diseases [Expired]
183	Transitional control of hydatids [Expired]
184	Designated ports of entry
184A	Designated as approved, or approved, ports
185	Expiration of sections 179 to 183
185A	Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
	Schedule 1 Matters for consideration in the preparation of proposals for pest management strategies [Repealed]
	Schedule 2 Board of inquiry procedure [Repealed]
	Schedule 3 Enactments repealed
	Schedule 4 Enactments amended
	Schedule 5 Regulations amended
	Schedule 6 Orders in Council and notices revoked
	Schedule 7 Regulations and orders continuing in force [Spent]
	Schedule 8 Approved places of first arrival in New Zealand
	Schedule 9 Designated as approved, or approved, ports
	Biosecurity Amendment Act (No 2) 2008
	Biosecurity Law Reform Act 2012
	Reprint notes

An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms

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Biosecurity Act 1993

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