(1) In this Act, unless the context otherwise requires,—

(2) No goods are an organic material by virtue only of being or containing cardboard, coal, paper, petroleum oil, or a substance derived from coal or petroleum oil.

(3) For the purposes of this Act any organism May be specified, whether in a pest management strategy or for any other purpose, by reference to—

• (a) its scientific name; or

• (b) the name of a disease it causes; or

• (c) both.

(4) [Repealed]

(1) This subsection applies to a syndrome if—

• (a) the scientific community generally accepts that—

  • (i) it is probably caused by an organism; but

  • (ii) there is no satisfactory proof that it is in fact caused by an organism; or

• (b) the scientific community generally accepts that—

  • (i) it is caused by an organism; but

  • (ii) there is no satisfactory evidence available as to the identity or nature of the organism causing it.

(2) This Act shall have effect as if every syndrome to which subsection (1) applies is in fact caused by an organism, which May be specified (in a pest management strategy or for any other purpose) by reference to the name generally accepted by the scientific community for that syndrome.

(3) In this section, syndrome means a group of characteristic symptoms, behaviours, or symptoms and behaviours, generally recognised by the scientific community as proceeding or being likely to proceed from a single cause.

This Act shall have effect in relation to fish (within the meaning of section 2 of the Fisheries Act 1983) and marine mammals (within the meaning of section 2 of the Marine Mammals Protection Act 1978),—

• (a) taken in the exclusive economic zone; and

• (b) carried on board a foreign licensed vessel, a vessel registered under the Fisheries Act 1983, or a vessel operated by the Crown,—

as if they are not imported goods.

Except as is provided in section 87, this Act binds the Crown.

(1) Where any pest management strategy applies to land adjoining a road, that strategy May state that the land includes, for the purposes of the strategy, all or any of the portions of road bounded by—

• (a) the boundary of that land abutting that road; and

• (b) lines extended from the end of that portion of boundary to the middle line of the road; and

• (c) the middle line of the road connecting those extended lines.

(2) Any person required or authorised by or under any pest management strategy to do anything on or in relation to land, where the pest management strategy provides that the land includes portions of road in accordance with subsection (1), is also required or authorised to do that thing on those portions of the road.

(3) Nothing in subsection (2) authorises any person to damage any road.

(1) Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part 7.

(2) Except—

• (a) to the extent provided in subsections (1), (5), and (6) and section 7A; and

• (b) to the extent that those enactments are expressly amended by section 168(1),—

this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941, the Forests Act 1949, the Wildlife Act 1953, the Health Act 1956, the Animal Welfare Act 1999, the Wild Animal Control Act 1977, the Reserves Act 1977, the National Parks Act 1980, the Fisheries Act 1983, the Conservation Act 1987, the Trade in Endangered Species Act 1989, or the Resource Management Act 1991.

(3) This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 1996 and, in particular, the provisions of this Act do not affect the obligations of any person under the Customs and Excise Act 1996 in relation to goods.

(4) The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 in relation to any controlled drug (as defined in section 2(1) of that Act).

(5) The provisions of the Wild Animal Control Act 1977 do not apply to prevent or inhibit the exercise of any powers under the Biosecurity Act 1993 on any land (other than land administered under the Acts listed in Schedule 1 of the Conservation Act 1987) when those powers are used in respect of—

• (a) a pest; or

• (b) an unwanted organism—

that May be transmitted by any animal to which the Wild Animal Control Act 1977 applies.

(6) The provisions of the Wildlife Act 1953 (including any regulations made under that Act)—

• (a) do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and

• (b) do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism.

(1) Where any action taken in accordance with any provision in Part 6 in an attempt to eradicate any organism would be in breach of the provisions of Part 3 of the Resource Management Act 1991, the responsible Minister May exempt the actions taken in relation to that organism from the provisions of Part 3 of the Resource Management Act 1991 for up to 20 working days if that Minister is satisfied that it is likely that—

• (a) the organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and

• (b) the organism has the potential to cause all or any of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand or if it becomes established throughout New Zealand; and

• (c) it is in the public interest that action be taken immediately in an attempt to eradicate the organism.

(2) Before making a decision under subsection (1), the responsible Minister must consult the relevant consent authority (to the extent that is possible in the circumstances), and May consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.

(3) After making a decision under subsection (1), the responsible Minister must give public notice of the Minister's decision in such a manner as the Minister thinks fit.

(4) The public notice must specify—

• (a) the organism to be eradicated; and

• (b) the principal actions that May be taken in the attempt to eradicate the organism; and

• (c) the areas affected by the action.

(5) A failure to comply with the provisions of subsections (2) and (3) does not affect the validity of any exemption given under this section.

(6) Where any action has been exempted from Part 3 of the Resource Management Act 1991 under subsection (1) and the responsible Minister considers that it is necessary to continue action beyond the duration of the exemption to attempt to eradicate the organism, that Minister May recommend that regulations be made continuing the exemption and the Governor-General May from time to time, by Order in Council, make regulations for that purpose.

(7) Regulations made under this section come into force on the date of notification in the Gazette, or at the time specified in the regulations, whichever is the later, and continue in force until revoked or until a date not later than the day 2 years after the regulations came into force when the regulations expire and are deemed to have been revoked.

(8) Where an exemption is granted under subsection (1) or by regulations made under subsection (6), the provisions of Part 3 of the Resource Management Act 1991 do not apply to the actions taken to eradicate the organism while the exemption is in force.

(9) Where an exemption from the provisions of the Resource Management Act 1991 has been granted under subsection (1) or by regulations made under subsection (6) and that exemption has ended (either by the expiry of the exemption under subsection (1) or by the revocation of the regulations, as the case May be), the provisions of the Resource Management Act 1991 then apply and the responsible Minister must remedy or mitigate the adverse effects of any actions taken under Part 6 and to which the provisions of the Resource Management Act 1991, but for the exemption under this section, would otherwise have applied.

(10) For the purposes of this section, consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991.

(1) In addition to being responsible for the administration of this Act, the responsible Minister has responsibility for—

• (a) providing for the co-ordinated implementation of this Act:

• (b) recording and co-ordinating reports of suspected new organisms:

• (c) managing appropriate responses to such reports.

(2) Section 9 does not limit or affect the generality of subsection (1).

(1) The responsible Minister has power to—

• (a) perform the functions in section 7A:

• (b) perform the functions specified in section 10 in relation to those national pest management strategies,—

  • (i) where the responsible Minister has prepared a proposal under section 56; or

  • (ii) where some other person has requested the responsible Minister to notify a proposal:

• (c) recommend to the Governor-General the making of Orders in Council under section 45(3):

• (d) recommend to the Governor-General under section 137(1) the making of Orders in Council imposing levies, and perform other functions in relation to levies:

• (e) recommend to the Governor-General under section 165 the making of regulations.

(2) The responsible Minister must not delegate to any person the exercise of any of the powers specified in subsection (1)(a), (c), (d), and (e).

(1) Any Minister who prepares a proposal for a national pest management strategy under section 56, or who has been requested to notify a proposal for a national pest management strategy, has the function of—

• (a) publicly notifying the proposed strategy under section 62(1):

• (b) deciding under section 63 whether to appoint a board of inquiry to inquire into and report on the proposed strategy:

• (c) where this Act requires the appointment of a board of inquiry to inquire into and report on the proposed strategy,—

  • (i) appointing the board under section 63(1):

  • (ii) causing under section 67(3) copies of the report, and all recommendations (if any) on the proposed strategy, made to the Minister by the board under section 67(2), to be sent to every person who made a submission to the board, and every other person or body the Minister thinks appropriate, and to be published:

  • (iii) causing public notice to be given under section 67(3) of where and how persons can obtain copies of the report and recommendations:

  • (iv) considering under section 69(1)(a)(i) the report made by the board under section 67(2) on the proposed strategy:

• (d) considering whether or not to recommend to the Governor-General under section 68, the making of an order making the strategy concerned, and if so, doing so:

• (e) if an order under section 68 has been made that makes the proposed strategy,—

  • (i) laying a copy before the House of Representatives under section 70; and

  • (ii) appointing a management agency in respect of the strategy under section 84(4); and

  • (iii) disallowing under section 85(4) the operational plan or any part of that plan; and

  • (iv) reviewing the strategy in accordance with this Act; and

  • (v) under this Act, amending or revoking the strategy:

• (f) recommending under section 90 the making of Orders in Council imposing levies payable to the management agency that is responsible for implementing the strategy and performing other functions in relation to levies.

(2) No Minister May delegate to any person the performance of any of the functions specified in subsection (1)(c)(i), (d), (e), and (f).

(1) Any Minister has power to—

• (a) direct the forfeiture of organisms and organic material under section 134(3):

• (b) take action under sections 144 and 147 in relation to biosecurity emergencies:

• (c) take action under section 145 in relation to biosecurity emergencies:

• (d) recommend to the Governor-General under section 150(1) the making of biosecurity emergency regulations, and where such regulations are made, the Minister has the duty of laying them before the House of Representatives under section 150(5):

• (e) declare a provisional control programme under section 152(1):

• (f) extend under subsection (3) of section 152 a provisional control programme.

(2) A Minister must not delegate to any person the exercise of the powers specified in subsection (1)(b), (d), (e), and (f).

(1) The responsible Minister May ask any regional council or management agency to give the responsible Minister, in a form the responsible Minister specifies, any information relating to the exercise or performance of any of its functions, powers, or duties under this Act or under any pest management strategy—

• (a) in the possession of the council or agency; or

• (b) capable of being obtained by the council or agency without unreasonable difficulty or expense,—

that the responsible Minister reasonably requires.

(2) A regional council or management agency shall give the responsible Minister any information the responsible Minister has asked for under subsection (1) as soon as is reasonably practicable after being asked to do so.

(1) Every regional council has, in relation to its region, power to—

• (a) cause to be carried out, for the purposes of Part 5,—

  • (i) monitoring to determine whether or not there are present; and

  • (ii) surveillance of—

  pests, pest agents, and unwanted organisms:

• (b) provide, in accordance with relevant pest management strategies, for the assessment and management or eradication of pests:

• (c) prepare proposals for, notify, make, and implement pest management strategies:

• (d) if a regional pest management strategy notified by the council has been made under this Act,—

  • (i) appoint a management agency in respect of the strategy under section 84(4):

  • (ii) disallow the operational plan or any part of that plan under section 85(4):

  • (iii) review, amend, or revoke a strategy in accordance with this Act:

• (e) declare and implement a small-scale management programme under section 100:

• (f) where the council has, under section 100, agreed or arranged that steps to bring an organism under control should be taken by some person or persons other than the council, to meet (in part or in whole) the costs to that person or those persons of the taking of those steps:

• (g) gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:

• (h) take any action contemplated by or necessary for giving effect to any provision of this Act.

(2) Subject to sections 97 and 97A, every regional council has all the powers of a territorial authority under section 14; and every reference in that section to a territorial authority (or territorial authorities) must be read as including a reference to a regional council (or regional councils).

Every territorial authority has power to—

• (a) take any action any natural person could take under Part 5:

• (b) act as a management agency under a pest management strategy:

• (c) take any action provided for or required by any pest management strategy:

• (d) if, and only if,—

  • (i) a pest management strategy provides for certain actions to be taken; but does not expressly provide for them to be taken by territorial authorities, territorial authorities of a class or description to which the authority belongs, or the authority; and

  • (ii) the management agency for the strategy agrees with the authority that the authority will take those actions and the agency will meet the authority's costs in doing so,—

  to take those actions:

• (da) to the extent only that any national pest management strategy provides for—

  • (i) territorial authorities; or

  • (ii) territorial authorities of a class or description to which the authority belongs; or

  • (iii) the authority,—

  to make contributions towards the costs of the implementation of that strategy, to make such contributions (from the authority's general funds or from any fund dedicated for the purpose):

• (db) to set and assess rates under the Local Government (Rating) Act 2002 for the purpose of making any contributions that the authority is empowered by paragraph (da) to make:

• (e) gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:

• (f) perform or exercise any function, power, or duty whose performance or exercise is for the time being transferred to it under section 15:

• (g) perform or exercise any other function, power, or duty conferred on it by this Act.

(1) Subject to subsections (2) and (3), a local authority that has an operation under this Act (in this section referred to as the transferor) May transfer the performance of the operation to another local authority (in this section referred to as the transferee), if—

• (a) it has used the special consultative procedure specified in section 83 of the Local Government Act 2002; and

• (b) in the case of an operation under or relating to a national pest management strategy, before using that procedure it has served notice on the Minister of its intention to do so; and

• (c) in the case of an operation under or relating to a regional pest management strategy,—

  • (i) it is a regional council, and no other regional council is involved in the plan; or

  • (ii) before using that procedure it has served notice on every regional council involved in the plan (other than itself, if it is a regional council) of its intention to do so; and

• (d) it agrees with the transferee that the transfer is desirable on the grounds of—

  • (i) efficiency; and

  • (ii) technical or special capability or expertise on the part of the transferee,—

by (and subject to any terms and conditions contained in) a written agreement with the transferee.

(2) The transferor shall not transfer—

• (a) the performance of the function of notifying or making any regional pest management strategy under Part 5; or

• (b) the exercise of the power of transfer conferred by subsection (1).

(3) The agreement shall contain provisions dealing with the revocation and relinquishment of the transfer; and

• (a) the transferor May change or revoke the transfer; and

• (b) the transferee May relinquish the transfer,—

accordingly.

(4) While the operation remains transferred to the transferee,—

• (a) the transferee's functions, powers, and duties shall be deemed to be extended to the extent necessary to enable it to undertake the operation; but

• (b) the transferor shall continue to be responsible for the operation.

(5) In this section—

The purpose of this Part is to provide for the effective management of risks associated with the importation of risk goods.

(1) The person in charge of any craft proceeding to New Zealand territory from outside New Zealand territory shall, unless there are reasonable grounds for not doing so,—

• (a) give the Director-General notice of when and where, approximately, the craft will enter New Zealand territory, and—

  • (i) the designated port of entry where it is intended that the craft will first arrive in New Zealand; or

  • (ii) if it is impossible or impracticable to proceed to any designated port of entry, the destination where it is intended that the craft will first arrive in New Zealand; and

• (b) proceed directly to, and arrive in New Zealand at, that port or destination.

(2) Where—

• (a) any person in charge of any craft has given the Director-General notice under subsection (1) or this subsection; and

• (b) the craft has not arrived in New Zealand since the notice was given; and

• (c) the person learns that it is impossible or impracticable to proceed to the designated port of entry or destination notified,—

the person shall, unless there are reasonable grounds for not doing so,—

• (d) give the Director-General notice of where, approximately, the craft is, and—

  • (i) notice of a designated port of entry where it is now intended that the craft will first arrive in New Zealand, if it is possible and practicable to proceed to such a port; or

  • (ii) notice of the destination where it is now intended that the craft will first arrive in New Zealand, if it is impossible or impracticable to proceed to any designated port of entry; and

• (e) proceed directly to, and arrive in New Zealand at, that port or destination.

(3) For the purposes of this section, designated port of entry means—

• (a) a port of entry approved under this Act as a place of first arrival—

  • (i) for all craft; or

  • (ii) for craft of the kind and description of the craft and, where applicable, arriving for the purposes of the craft; or

• (b) a port approved under section 37A for the arrival of the craft.

(1) The person in charge of any craft that arrives at a place in New Zealand—

• (a) shall, if—

  • (i) the person has not notified the Director-General under section 17; or

  • (ii) the place is not the port or destination notified (or, as the case May be, last notified) under section 17,—

  give the Director-General notice of where and (approximately) when the craft arrived; and

• (b) shall prevent risk goods from leaving the craft without the permission of an inspector.

(2) The person in charge of any such craft shall, if so required by an inspector, pay a bond for such amount not exceeding $10,000 as the inspector May require to secure due compliance with subsection (1)(b).

(1) This section applies to a craft, and place in New Zealand, if—

• (a) the craft arrives in New Zealand there; or

• (b) the craft is carrying risk goods that it was carrying when it arrived in New Zealand at some other place.

(2) Where this section applies to a craft and place, the person in charge of the craft shall—

• (a) obey every reasonable direction given by an inspector as to—

  • (i) the movement of the craft in the place; or

  • (ii) the unloading or discharge of risk goods or the disembarkation of crew or passengers from the craft; or

  • (iii) measures (including any bond required under section 18(2)) to ensure that any risk goods not intended to be unloaded or discharged from the craft are maintained in a secure place under the control of that person; and

• (b) within the required time or times, deliver to an inspector a report, in such manner and form, and containing such particulars verified by declaration, and with such supporting documents, as May be required; and

• (c) answer all questions relating to the craft or its cargo, crew, passengers, stores, or voyage, asked by an inspector;—

and every person disembarking from the craft shall, on request by an inspector, make his or her baggage available for inspection by the inspector.

(1) The Director-General May, following the recommendation of a chief technical officer, issue an import health standard specifying the requirements to be met for the effective management of risks associated with the importation of risk goods before those goods May be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance; and May, in a like manner, amend or revoke any import health standard so issued.

(1A) An import health standard issued under this section applies to goods the importation of which involves, or might involve, an incidentally imported new organism.

(2) If an import health standard requires a permit to be obtained from the Director-General before the goods can be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance, the Director-General May, if he or she thinks fit, issue the permit.

(3) Nothing in this Act obliges the Director-General to have an import health standard in force for goods of any kind or description if, in the Director-General's opinion, the requirements that could be imposed on the importation of those goods would not be sufficient to enable the purpose of this Part to be met if the importation of those goods were permitted.

(4) An import health standard issued under this section May apply to goods of a certain kind or description imported from—

• (a) a country or countries specified in the import health standard; or

• (b) countries of a kind or description specified in the import health standard; or

• (c) all countries; or

• (d) a location or locations specified in the import health standard.

(5) When making a recommendation to the Director-General in accordance with this section, the chief technical officer must have regard to the following matters:

• (a) the likelihood that goods of the kind or description to be specified in the import health standard May bring organisms into New Zealand:

• (b) the nature and possible effect on people, the New Zealand environment, and the New Zealand economy of any organisms that goods of the kind or description specified in the import health standard May bring into New Zealand:

• (c) New Zealand's international obligations:

• (d) such other matters as the chief technical officer considers relevant to the purpose of this Part.

(6) Before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard.

(7) The consultation May be on the import health standard or on a document that analyses or assesses the risks associated with the goods or class of goods to which the goods belong.

(8) Before making a recommendation to the Director-General in accordance with this section the chief technical officer must give notice of the intention to make the recommendation to the chief executive of every department of State whose responsibilities for natural resources or human health May be adversely affected by the issue, amendment, or revocation of the relevant standard.

(9) The Director-General must maintain a register of the import health standards (as amended from time to time) issued under this section.

(10) The register must be available for public information and inspection at the office of the Director-General during normal office hours.

(1) The Director-General must, by notice in the Gazette, set out the process by which an independent review panel is to be established to review whether, in developing an import health standard, there has been sufficient regard to the scientific evidence about which a person consulted under section 22(6) has raised a significant concern.

(2) The notice required by subsection (1) must cover the following matters:

• (a) the criteria for setting up an independent review panel; and

• (b) how the Director-General will appoint an independent review panel, including the knowledge and experience required for appointees; and

• (c) the procedures to be followed by—

  • (i) a person eligible to seek a review under subsection (1); and

  • (ii) an independent review panel, in undertaking its review; and

• (d) the reporting requirements for an independent review panel.

(3) The Director-General must receive any report from an independent review panel and, as soon as is reasonably practicable, determine the issue in dispute after taking into account the findings and recommendations of the independent review panel, giving reasons for that determination.

(4) The Director-General must issue a notice under subsection (1) not later than 1 July 2008.

(1) No person May cause or permit any uncleared goods imported on any craft to leave that craft, except to proceed to a transitional facility or a biosecurity control area.

(2) No person May cause or permit any uncleared goods that are in a transitional facility or biosecurity control area to leave that facility or area, except—

• (a) to proceed, in accordance with the authority of an inspector, to another transitional facility, containment facility, or biosecurity control area; or

• (b) in accordance with the authority of an inspector, to be exported from New Zealand.

(3) Authority to move uncleared goods given by an inspector in accordance with this section, May be given subject to conditions.

Subject to sections 27 and 28, any inspector May give a clearance for the entry into New Zealand of any goods.

An inspector shall not give a biosecurity clearance for any goods unless satisfied that the goods are not risk goods; or satisfied—

• (a) that the goods comply with the requirements specified in an import health standard in force for the goods (or goods of the kind or description to which the goods belong); and

• (b) that there are no discrepancies in the documentation accompanying the goods (or between that documentation and those goods) that suggest that it May be unwise to rely on that documentation; and

• (c) in the case of an organism, that the goods display no symptoms that May be a consequence of harbouring unwanted organisms; and

• (d) that the goods display no signs of harbouring organisms that May be unwanted organisms; and

• (e) there has been no recent change in circumstances, or in the state of knowledge, that makes it unwise to issue a clearance.

(1) An inspector must not give a biosecurity clearance for goods that are or contain an organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996 or for a new organism.

(1A) However, subsection (1) does not prohibit an inspector from giving a biosecurity clearance for goods the importation of which involves, or might involve, an incidentally imported new organism.

(2) Where any new organism is an organism for which—

• (a) the Authority has given approval for importation into containment in accordance with sections 42 or 45 of the Hazardous Substances and New Organisms Act 1996: and

• (b) there is in existence a containment facility approved as meeting the standard set by the Authority; and

• (c) the organism is able to go to that facility,—

any inspector May authorise that organism to go to that containment facility.

(1) Any inspector May seize any organism which the inspector has reason to believe May be a new organism.

(2) The provisions of sections 116 and 117 apply to any organism seized under subsection (1) as if that organism were unauthorised goods.

(3) A chief technical officer May permit an organism seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply to the Authority for a determination under section 26 of the Hazardous Substances and New Organisms Act 1996 that the organism is, or is not, a new organism.

(4) Where an organism is held in accordance with this section, the estimated costs and expenses of the custody and maintenance of the organism must be paid in advance to the Director-General by the importer.

(5) When the Director-General's custody of an organism ceases, the Director-General must calculate the actual and reasonable costs and expenses of holding the organism and, if those actual and reasonable costs—

• (a) exceed the amount paid in accordance with subsection (4), the balance of the costs and expenses are recoverable as a debt due to the Crown from the importer:

• (b) are less than the amount paid in accordance with subsection (4), the overpayment must be refunded to the importer.

(6) Where any organism held under subsection (3) is declared to be a new organism, the chief technical officer May, either generally or in any particular case, give any reasonable directions as to the disposal of, or any other dealing with, that organism, but must not give a biosecurity clearance for that organism.

Section 28 does not apply to—

• (a) a new organism that is subject to a conditional release approval granted under section 38C of the Hazardous Substances and New Organisms Act 1996; or

• (b) a qualifying organism approved for importation for release with controls under section 38I of that Act.

(1) No person May cause or permit any restricted organism that is in a transitional facility, a biosecurity control area, or a containment facility to leave that facility or area, except—

• (a) to proceed, in accordance with the authority of an inspector, to a transitional facility, a biosecurity control area, or a containment facility; or

• (b) in accordance with the authority of an inspector, to be exported from New Zealand.

(2) Authority to move a restricted organism given by an inspector in accordance with this section May be given subject to conditions.

(1) An inspector May require people arriving in New Zealand—

• (a) to make declarations in a specified manner as to whether they have any specified goods in their possession as part of their personal effects or baggage; and

• (b) to surrender to an inspector control of any uncleared imported risk goods to enable them to be disposed of in accordance with this Act.

(2) Every person arriving in New Zealand shall permit any inspector to inspect and examine any specified goods in his or her possession as part of his or her personal effects or baggage, and afford to the inspector all reasonable facilities and assistance in carrying out the inspection and examination.

(1) Where any imported goods other than goods inspected, examined, or surrendered in accordance with section 30 or section 35, are in a transitional facility or biosecurity control area, an inspector May, for the purpose of determining whether the goods are, or contain, risk goods,—

• (a) open any bag, box, parcel, container, or other thing containing the goods:

• (b) inspect the goods.

(2) Where any goods in a transitional facility or biosecurity control area are, or contain, risk goods or unauthorised goods, section 116 applies to those goods as if the goods were unauthorised goods seized in accordance with that section.

(3) For the purposes of this section an inspector May, at any reasonable time or times, enter any transitional facility or biosecurity control area and the provisions of section 112 apply.

(1) Subject to subsection (2), an inspector May, for the purpose of ascertaining the presence of risk goods, require the person in charge of—

• (a) any craft, used for the transportation of people or goods, or both, by air, that is within New Zealand territory; or

• (b) any craft, used for the transportation of people or goods, or both, by sea, that is within the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand—

to—

• (c) bring the craft to for boarding on being so directed by an inspector; and

• (d) by all reasonable means, facilitate the boarding of the craft by an inspector.

(2) A craft carrying an inspector who gives a direction under this section must be clearly identifiable as being a craft in the service of the Crown.

(1) Subject to subsection (2), any person who has the power under any provision in this Act to enter any craft and who has reasonable grounds to suspect that a craft in New Zealand territory contains any unwanted organism May direct the master or other person in charge of the craft to—

• (a) move it to and stop it at any place within New Zealand territory; or

• (b) move it and keep it outside New Zealand territory; or

• (c) take any specified action on or in respect of the craft.

(2) Before exercising a power conferred by subsection (1), the person who proposes to exercise the power shall consult the chief executives of—

• (a) the New Zealand Customs Service; and

• (b) the Ministry of Agriculture and Forestry.

(1) Where there are any risk goods on board a craft that has entered New Zealand territory from outside New Zealand territory, an inspector May direct the master or other person in charge of the craft to take (as the master or person thinks fit) one of the following steps:

• (a) deal with the goods in a manner specified by the inspector while the craft is in New Zealand territory; or

• (b) move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or

• (c) destroy the goods in a place and manner approved by the inspector for the purpose.

(2) Subject to subsection (3), where the master or person in charge of a craft fails or refuses to comply with a direction under subsection (1), any inspector May—

• (a) direct the master or other person in charge of the craft to move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or

• (b) seize and destroy the risk goods concerned.

(3) Where—

• (a) an inspector gives a direction under subsection (1) in respect of goods of a particular kind or description on board a craft of a particular kind or description; and

• (b) there are for the time being in force under this Act regulations prescribing the manner in which risk goods of that kind or description should be dealt with while on board a craft of that kind or description,—

compliance with those regulations shall be deemed to be a sufficient compliance with the direction.

(4) Nothing in this section limits or affects the generality of section 32.

(1) For the purpose of ascertaining the presence of or controlling any risk goods, a person on board a craft that has arrived in New Zealand shall obey every reasonable direction given to the person concerning disembarkation—

• (a) by an inspector; or

• (b) on the direction of an inspector, by the person in charge of the craft or a crew member of the craft.

(2) Unless otherwise directed by an inspector, every person arriving in New Zealand shall—

• (a) go directly to a biosecurity control area; and

• (b) remain there for such reasonable time as an inspector May require to ascertain the presence of any risk goods.

(3) This subsection applies to a person and a biosecurity control area if the person is required by subsection (2) to go directly to the biosecurity control area and remain there for such reasonable time as an inspector May require to ascertain the presence of any risk goods.

(4) An inspector, and any person the inspector calls to the inspector's assistance, May use such force as is reasonably necessary to—

• (a) compel to go to the biosecurity control area concerned a person to whom subsection (3) applies who has been directed by the inspector to go directly there; but—

  • (i) has failed or refused to do so within a reasonable time of being so directed; or

  • (ii) has attempted to go instead to some other place; or

• (b) detain in the biosecurity control area concerned a person to whom subsection (3) applies who—

  • (i) has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but

  • (ii) has attempted to leave the biosecurity control area in contravention of the requirement; or

• (c) stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) applies who has gone to the biosecurity control area, and—

  • (i) has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but

  • (ii) has left the biosecurity control area in contravention of the requirement; or

• (d) stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) applies who has gone to the biosecurity control area, but left before the inspector has—

  • (i) required the person to remain there; or

  • (ii) had a reasonable time to ascertain the presence of any risk goods.

(5) Every person who has disembarked from a craft that has arrived in New Zealand, whether or not the person boarded the craft in New Zealand, shall make his or her accompanying baggage available for inspection by an inspector.

Every person who is at any time in a biosecurity control area shall, for the purposes of this Part,—

• (a) obey any reasonable direction of an inspector in relation to risk goods; and

• (b) answer all questions asked by an inspector that are necessary for the inspector to ascertain the presence, nature, origin, or itinerary of any risk goods; and

• (c) make available for examination by an inspector any goods in his or her possession or under his or her immediate control so that the inspector May ascertain the presence of risk goods.

Any person who moves or wants to move risk goods within a biosecurity control area shall comply with all reasonable directions given to that person by an inspector concerning the movement of those goods.

(1) The Director-General May, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.

(2) An approval given under subsection (1) May limit the arrival of craft to arrivals for the purposes specified in the approval.

(3) The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1), have regard to—

• (a) the alternative arrangements, facilities, and systems that are or could be made available; and

• (b) the cost to the port operator of each alternative arrangement, facility, and system; and

• (c) the extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.

(4) All arrangements, facilities (other than office or parking facilities), and systems required in accordance with subsection (1) are available for use by the Crown at no expense to the Crown.

(5) The Director-General must,—

• (a) within 28 days after approving a port in accordance with subsection (1), publish in the Gazette a notice specifying the name of the port, the day on which it was so approved, any limitation on the kind or description of craft for which the port was approved, any limitation on arrivals to specified purposes, and a place where the notice of approval May be inspected; and

• (b) at all reasonable times make the written notice available for inspection at the place specified in the Gazette notice.

(6) The Director-General must be satisfied of the matters referred to in subsection (1), whether or not all of the arrangements, facilities, and systems are under the control of the operator of the port concerned.

(7) Before taking any action under this section, the Director-General must consult in accordance with section 37D.

(8) Where approval is declined under this section, the Director-General must give reasons for his or her decision.

(9) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.

(1) The Director-General May approve the arrival of a craft at a port that is not approved under section 37 as a place of first arrival for any craft, for craft of the kind or description of that craft, or for craft arriving for the purpose of that craft, if—

• (a) a person has requested approval for that craft to arrive in New Zealand at that port; and

• (b) the Director-General is satisfied that the risks associated with the importation of risk goods can be managed by imposing conditions on the arrival of the craft at that port.

(2) The approval of the Director-General May be given subject to those conditions that the Director-General considers will manage the risks associated with the importation of risk goods.

(3) Before taking action under this section, the Director-General must consult in accordance with section 37D.

(1) If the Director-General is no longer satisfied that the provisions of section 37(1) are being met for a port, the Director-General May,—

• (a) by written notice to its operator, suspend the port's approval under section 37(1) for a specified period or until a specified action is taken; or

• (b) by written notice in the Gazette, revoke the port's approval under section 37(1); or

• (c) by written notice in the Gazette and written notice to the port's operator, vary the port's approval under section 37(1) by varying the kind or description of craft for which the port is approved as a place of first arrival, or by varying the purposes of arrival for which the port is approved as a place of first arrival.

(2) Before taking action under this section, the Director-General must consult in accordance with section 37D.

(3) In exercising a power under this section, the Director-General must observe the rules of natural justice.

(4) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.

(1) Nothing in section 37 authorises a port operator to require any user of a port—

• (a) to use or patronise facilities under the operator's control; or

• (b) to contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.

(2) No operator of a port May wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.

(3) No operator May wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked.

The Director-General must not take any action under sections 37, 37A, or 37B without consulting the chief executives of—

• (a) the New Zealand Customs Service; and

• (b) the Ministry of Health; and

• (c) the New Zealand Police; and

• (d) the Ministry of Transport; and

• (e) every other department of State whose operations May, in the Director-General's opinion, be affected by the action.

Every person who by way of commerce imports or causes to be imported any risk goods shall keep at that person's place of business, or at some other approved place in New Zealand, such records in respect of those goods, in such manner, and for such period of time, as May be prescribed.

(1) The Director-General May, after consulting with the persons that the Director-General considers to be representative of the classes of persons likely to have an interest in the proposed standard, approve standards for building, maintaining, or operating transitional facilities.

(2) Any person May apply in an approved form to the Director-General for the approval of any place as a transitional facility or a containment facility.

(2A) The Director-General must consider every application for approval of a place as a containment facility made under subsection (2) and,—

• (a) if the application complies with the requirements of this Act; and

• (b) if the place meets the relevant standards approved by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996,—

the Director-General May approve the place as a containment facility.

(3) The Director-General must consider every application for approval of a place as a transitional facility made under subsection (2) and—

• (a) if the application complies with the requirements of this Act; and

• (b) if the place meets the relevant standards approved under subsection (1),—

the Director-General May approve the place as a transitional facility for the purpose specified in the approval.

(4) A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.

(5) A transitional facility approval given in accordance with this section May specify the uncleared goods that May be held in the facility.

(6) A containment facility approval given in accordance with this section May specify the organisms that May be held in the facility.

(7) The Director-General May, by written notice to the operator of a transitional facility, or a containment facility, cancel an approval for a transitional facility, or a containment facility, or a part of an approval relating to 1 or more uses of a transitional facility, where—

• (a) the facility no longer complies with the relevant standards; or

• (b) the Director-General is satisfied that the facility is no longer used for the purpose or 1 or more of the purposes specified in the approval.

(8) In exercising a power under subsection (7), the Director-General must observe the rules of natural justice.

(9) The Director-General May, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities.

(1) Any person May apply, in an approved form, to the Director-General for approval as the operator of a specified transitional facility or specified containment facility.

(2) Every application must be accompanied by such further information as the Director-General May require.

(3) The Director-General must consider every application made under subsection (1) and, if satisfied—

• (a) that the applicant is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and

• (b) the applicant is able to comply with the operating standards for that facility,—

may approve the applicant as the operator of that facility.

(4) The Director-General May, by written notice to a person, cancel that person's approval to operate a specified transitional facility or a specified containment facility where—

• (a) the person is no longer operating the facility in compliance with the operating standards for the facility; or

• (b) the person has ceased to act as operator of the facility; or

• (c) the person is no longer a fit and proper person to operate the facility.

(5) In exercising a power under subsection (4), the Director-General must observe the rules of natural justice.

(6) No person May operate or purport to operate a transitional facility or a containment facility unless the person is approved as an operator of that facility.

(1) The Director-General May by notice in the Gazette designate any place to be a quarantine area, and May at any time revoke or vary such a designation.

(2) An inspector May, by the display of a clearly visible notice within a biosecurity control area, designate any place within that biosecurity control area to be a quarantine area.

(3) A designation under subsection (2) shall ordinarily expire after 48 hours, or when sooner revoked; but it May be extended once by an inspector for a further period of not more than 48 hours.

(4) Every quarantine area shall be under the direct control of an inspector.

(5) No person shall, knowing that an area is a quarantine area, enter, leave, or use the area for any purpose, without the permission of the inspector who has control of the area.

In this section and sections 41B to 41I, unless the context otherwise requires,—

The purpose of sections 41C to 41E is to support certain interim information-sharing measures (relating to joint border management initiatives between the Ministry and the Customs) that are required to be in place until the JBMS becomes operational by allowing—

• (a) the Ministry or an agency appointed under section 41C to collect or store any border information:

• (b) the Customs to access that border information for a customs-related border management function.

(1) The Ministry May—

• (a) collect any border information:

• (b) store any border information.

(2) If the border information is personal information, subsection (1) applies despite anything in information privacy principle 2 or 3 of the Privacy Act 1993.

(3) The Minister May appoint any agency (in addition to, or instead of, the Customs) to exercise any of the powers conferred on the Ministry by subsection (1).

(1) A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—

• (a) the Customs, for the purposes of, and in accordance with, section 282F(1) of the Customs and Excise Act 1996:

• (b) an agency appointed under section 41C(3), for the purposes of, and in accordance with, section 41C(1) of this Act or section 282F(1) of the Customs and Excise Act 1996.

(2) However, subsection (1) does not apply if the Director-General has given the person a written notice requiring the border information to be supplied to the Ministry instead of to the Customs or an agency appointed under section 41C(3).

(1) The Director-General May, in accordance with a written agreement entered into by the Director-General and the chief executive, allow the Customs to access any border information that was or is collected or stored before, on, or after the commencement of this section.

(2) If the border information is personal information, subsection (1) applies despite anything in information privacy principle 10 or 11 of the Privacy Act 1993.

(3) An agreement must state—

• (a) the purpose of the agreement; and

• (b) the border information that can be accessed; and

• (c) the conditions subject to which the border information will be accessed; and

• (d) how the Customs will use the border information (including the limits on any further disclosure by the Customs); and

• (e) the method and form of access.

(4) An agreement May be varied by the Director-General and the chief executive in writing.

(5) The Director-General and the chief executive must consult the Privacy Commissioner before entering into or varying an agreement.

(6) To avoid doubt, nothing in subsection (1) limits or prevents the Customs from carrying out an analysis of any border information to which it has access under that subsection for the purpose of examining risk patterns or risk profiles in relation to any or all of the following:

• (a) goods, persons, or craft:

• (b) import or export transactions:

• (c) importers or exporters.

Sections 41B to 41E and any agreement made under section 41E expire, or must be taken to have expired, on the date of expiry of sections 282E to 282H of the Customs and Excise Act 1996 (as provided for in section 282I of that Act).

(1) The Ministry May—

• (a) collect any border information:

• (b) store any border information in the JBMS.

(2) If the border information is personal information, subsection (1) applies despite anything in information privacy principle 2 or 3 of the Privacy Act 1993.

(3) The Minister May appoint any agency (in addition to, or instead, of the Customs) to exercise any of the powers conferred on the Ministry by subsection (1).

(1) A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—

• (a) the Customs, for the purposes of, and in accordance with, section 282J(1) of the Customs and Excise Act 1996:

• (b) an agency appointed under section 41G(3), for the purposes of, and in accordance with, section 41G(1) of this Act or section 282J(1) of the Customs and Excise Act 1996.

(2) However, subsection (1) does not apply if the Director-General has given the person a written notice requiring the border information to be supplied to the Ministry instead of to the Customs or an agency appointed under section 41G(3).

(1) The Ministry May access any border information stored in the JBMS that is needed for, or relevant to, a biosecurity-related border management function.

(2) If the border information is personal information, subsection (1) applies despite anything in information privacy principle 10 of the Privacy Act 1993.

(3) Subsections (1) and (2) apply to any border information stored in the JBMS, whether the border information was or is collected—

• (a) before, on, or after the commencement of this section; or

• (b) by an agency appointed under section 41G(3).

(4) To avoid doubt, nothing in subsection (1) limits or prevents the Ministry from carrying out an analysis of any border information to which it has access under that subsection for the purpose of examining risk patterns or risk profiles in relation to any or all of the following:

• (a) goods, persons, or craft:

• (b) import or export transactions:

• (c) importers or exporters.

The purpose of this Part is to provide for the continuous monitoring of New Zealand's status in regard to pests and unwanted organisms—

• (a) to facilitate the provision of assurances and certificates in relation to exports of organisms and their products; and

• (b) as a basis for the proper administration of this Act, including the institution of precautionary actions, emergency and exigency arrangements, and pest management strategies; and

• (c) to monitor the effect of pest management strategies; and

• (d) otherwise to enable any of New Zealand's international reporting obligations and trading requirements to be met.

(1) For the purposes of this Part, an inspector or authorised person May require any person referred to in subsection (2)—

• (a) to provide any information held by the person concerning pests, pest agents, unwanted organisms, or risk goods that the inspector or authorised person believes on reasonable grounds is necessary to ascertain the presence or distribution in New Zealand of pests, pest agents, or unwanted organisms (or pests or unwanted organisms of a particular kind or description); and

• (b) to provide such assistance as the inspector or authorised person reasonably requests to enable or facilitate the acquisition, collection, and recording of any such information ascertained.

(2) The persons referred to for the purposes of subsection (1) are—

• (a) every person who owns, manages, or otherwise controls the means by which and the sources from which information required under subsection (1) May be generated; and

• (b) every person who owns, manages, or otherwise controls any organism, organic material, or risk goods that May be monitored for the purposes of this Part.

(1) Every person is under a duty to inform the Ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand.

(2) The duty to inform does not apply in relation to an organism that is seen or otherwise detected in a place where it May lawfully be present in accordance with an approval given under the Hazardous Substances and New Organisms Act 1996.

(1) [Repealed]

(2) The Governor-General May, by Order in Council, declare any organism to be a notifiable organism.

(3) The Governor-General May, by Order in Council, made on the recommendation of the responsible Minister, declare any pest to which a regional pest management strategy relates to be an organism notifiable within the region, or within any specified part of the region, of the regional council or regional councils concerned.

(4) The responsible Minister shall not recommend the making of an order under subsection (3), unless—

• (a) the regional council or regional councils concerned have asked the Minister to do so; and

• (b) the Minister is satisfied that it is in the public interest to do so.

(5) The responsible Minister must not recommend the making of an order under subsection (2) in respect of any organism which has been approved for release in New Zealand by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996 unless that Minister has first consulted with the Authority.

(1) Every person who—

• (a) at any time suspects the presence of an organism in any place in New Zealand; and

• (b) suspects that it is for the time being declared to be a notifiable organism under subsection (2) of section 45; and

• (c) believes that it is not at the time established in that place; and

• (d) has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,—

shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time.

(2) Every person who—

• (a) at any time suspects the presence of an organism in a place in the region, or in any part of the region, of a regional council; and

• (b) suspects that it is for the time being declared to be an organism notifiable within the region or part under subsection (3) of section 45; and

• (c) believes that it is not at that time established in that place; and

• (d) has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,—

shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time.

(1) A chief technical officer May, by notice in writing, require the person in charge of premises used for investigating organisms or organic material, or any person employed in a professional or technical capacity in any area of biological science, to—

• (a) supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms; or

• (b) permit the chief technical officer, or a person authorised in writing by that officer, to have access to, inspect, and test or sample specimens of any organism or tissues or parts of an organism or organic material held by that person or on those premises.

(1A) A chief technical officer May, by notice in writing, require any person who has expertise or knowledge in an area of biological science to supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms.

(2) Except in relation to circumstances concerning which a regulation makes contrary provision, the reasonable expenses of a person who supplies information to a chief technical officer in response to a requirement under this section will be reimbursed out of money appropriated by Parliament for the purpose if those expenses would not have been incurred but for the requirement.

Any information acquired by a chief technical officer under this Part May be published for the purpose of communicating the animal or plant health status of New Zealand, or the occurrence (in New Zealand or overseas) of pests or unwanted organisms.

(1) The Director-General May, from time to time, approve systems administered by specified persons for the purpose of enabling the identification of organisms and their products and associated premises.

(2) The Director-General May approve identification systems under this section for any of the following purposes:

• (a) facilitating pest management:

• (b) marking the presence or absence in organisms of particular qualities relating to the purposes of this Act:

• (c) meeting the certification requirements of overseas authorities in respect of New Zealand exports.

(3) When considering the approval of an identification system under this section, the Director-General shall ensure that the identifications to be used—

• (a) provide unique, clear, and lasting identification having regard to the purpose for which the identifications are needed; and

• (b) do not create confusion with any other generally used system of identification.

(4) Regulations made under this Act May require persons of any kind or description to use one of any 1 or more identification systems approved under this section and notified in the Gazette in accordance with subsection (5).

(5) The Director-General May, by notice in the Gazette, specify the identification systems that May be used to comply with regulations made under this Act; and must keep, and make publicly available, a register of all Gazette notices made under this section.

(1) No person shall remove, alter, or deface any approved identification that has been used in relation to an organism except with the written permission of an inspector or with reasonable excuse.

(2) No person shall knowingly use in relation to any organism—

• (a) an identification forming part of an approved identification system that the person is not entitled to use in relation to that organism; or

• (b) any mark that is likely to be mistaken for or confused with an identification forming part of an approved identification system.

(3) No person required by regulations made under this Act to use one of any 1 or more identification systems notified in the Gazette shall fail to do so.

No person shall knowingly communicate, cause to be communicated, release, or cause to be released, or otherwise spread any pest or unwanted organism except—

• (a) in the course of and in accordance with a pest management strategy; or

• (b) as provided in an emergency regulation made under section 150; or

• (c) for a scientific purpose carried out with the authority of the Minister.

• (d) as permitted either generally or specifically by a chief technical officer.

(1) Subject to subsection (2), the owner or person in charge of an organism which that person knows or suspects constitutes, contains, or harbours a pest or unwanted organism must not—

• (a) cause or permit that organism to be in a place where organisms are offered for sale or are exhibited; or

• (b) sell or offer that organism for sale; or

• (c) propagate, breed, or multiply the pest or unwanted organism or otherwise act in such a manner as is likely to encourage or cause the propagation, breeding, or multiplication of the pest or unwanted organism.

(2) A chief technical officer May permit an owner or person in charge of an organism to carry out an act otherwise prohibited by this section.

(3) Permission given under this section must be given either by notice in the Gazette or in writing to the owner or person in charge of an organism.

The purpose of this Part is to provide for the effective management or eradication of pests and unwanted organisms.

(1) The management or eradication of pests must be in accordance with pest management strategies made in accordance with this Part.

(2) Every pest management strategy or notice declaring a small-scale management programme must specify which of the powers in Part 6 May be exercised in the implementation of that strategy or programme and only those powers May be used to implement the strategy or programme.

(3) Where any provision in Part 6 confers a power on a management agency, that power May be exercised by a management agency only if it is acting in the implementation of a pest management strategy for which it is the management agency, and that strategy specifies the power as one which May be exercised to implement the strategy.

(4) An authorised person May exercise a power conferred on an authorised person by Part 6 to implement a pest management strategy or small-scale management programme only if the strategy or notice declaring the programme specifies the power as one which May be exercised to implement the strategy or programme and that authorised person was appointed for the purposes of that strategy or programme.

A Minister or any person May prepare a proposal for a national pest management strategy.

(1) A Minister May notify, in accordance with section 62, a proposal for a national pest management strategy only if the Minister is of the opinion that—

• (a) the benefits of having a pest management strategy or strategies in relation to each organism to which the strategy would apply outweigh the costs, after taking account of the likely consequences of inaction or alternative courses of action; and

• (b) the net benefits of national intervention exceed the net benefits of regional intervention; and

• (ba) where funding proposals for the strategy require persons to meet directly the costs of implementing the strategy,—

  • (i) the benefits that will accrue to those persons as a group will outweigh the costs; or

  • (ii) those persons contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and

• (c) each organism in respect of which the strategy is under consideration is capable of causing at some time a serious adverse and unintended effect in relation to New Zealand on 1 or more of the following:

  • (i) economic well-being; or

  • (ii) the viability of threatened species of organisms, the survival and distribution of indigenous plants or animals, or the sustainability of natural and developed ecosystems, ecological processes, and biological diversity; or

  • (iii) soil resources or water quality; or

  • (iv) human health or enjoyment of the recreational value of the natural environment; or

  • (v) the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga; and

• (d) the implementation of the proposed strategy would not be contrary to New Zealand's international obligations.

(2) In addition to the requirements in subsection (1), a Minister May notify, in accordance with section 62, a proposal for a national pest management strategy only if the Minister is of the opinion that each organism in respect of which the strategy is under consideration—

• (a) is not known to be established in New Zealand, but if the organism were so established, it would have the potential to cause significant economic loss or environmental degradation, or both, and it could be eradicated or effectively managed; or

• (b) is of restricted distribution or abundance, or restricted distribution and abundance, in New Zealand, but the organism has the potential to cause significant economic loss or environmental degradation, or both, and it could be eradicated or effectively managed; or

• (c) is of widespread distribution in all or part of New Zealand and—

  • (i) effective action in respect of the organism would be impracticable without a national strategy; and

  • (ii) the potential economic, social, or environmental damage or loss of not taking action on a national basis would be significant.

(1) Any person May, by notice in writing to a Minister whose responsibilities might be adversely affected by an organism, request that Minister to notify in accordance with section 62 a proposal for a national pest management strategy in relation to that organism.

(2) Where a Minister is requested to notify a proposal in accordance with this section, the Minister must do so unless section 59 applies, and if,—

• (a) in the Minister's opinion, the proposal complies with section 57; and

• (b) in the Minister's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.

(3) Where a proposal is notified after a request made in accordance with this section, the Minister May, if he or she thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the proposal in accordance with sections 62 to 69, and the strategy May be processed only to the extent that the person meets his or her share of the costs.

The Minister May refuse to notify a proposal under section 62, if satisfied on reasonable grounds that—

• (a) it does not comply with this Part; or

• (b) it has not been described clearly enough to be readily understood; or

• (c) [Repealed]

• (d) both—

  • (i) at a time within the 3 years before the proposal was submitted to the Minister, a board of inquiry completed an inquiry under this Part into a proposal whose substance was broadly the same as its substance; and

  • (ii) there is not available any significant evidence relating to it that was not available at that time; or

• (e) it has little or no merit in relation to the management or eradication of the organism to which it relates; or

• (f) it is frivolous or vexatious.

A proposal for a national pest management strategy must specify the following matters:

• (a) the proposer of the strategy:

• (b) the organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:

• (c) in relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy including a description of the adverse effects of the organism, or the class or description of organism:

• (d) the management agency that is to be responsible for implementing the strategy:

• (e) the proposed period for which the strategy will remain in force:

• (f) in relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:

• (g) any alternative measures that it would be reasonable to take to achieve the objectives of the strategy, and the reasons for preferring the measures specified in accordance with paragraph (f) as the measures proposed to be taken:

• (h) the intended scope and purpose of each proposed strategy rule, and the rules for which it is proposed that a breach of the rule will be an offence under this Act: