Biosecurity Acts (1993 to 1998) by Parliamentary Counsel
004
Commenced:
ANALYSIS
Index
Analysis
Title
1 Short Title and commencement
I: Preliminary
2 Interpretation
3 Application of Act to syndromes of uncertain origin
4 Application of Act to fish and mammals taken in exclusive economic zone
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
II: Functions, Powers, and Duties
Ministers
8 Responsibilities of responsible Minister
9 Powers of responsible Minister
10 Functions of Ministers in relation to proposed national pest management strategies
11 Other powers of Ministers
12 Responsible Minister may require information
Local Authorities
13 Powers of regional councils
14 Powers of territorial authorities
15 Transfer of powers, etc., by local authorities
III: Importation of Risk Goods
16 Purpose of Part III
Arrival of Craft
17 Notice of intended arrival of craft in New Zealand
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20__21 Repealed by s. 12 (b) of the Biosecurity Amendment Act 1997.
22 Import health standards
23__24 Repealed by s. 12 (b) of the Biosecurity Amendment Act 1997.
Clearance of Risk Goods
25 Goods to be cleared for entry into New Zealand
26 Clearances
27 Inspector to be satisfied of certain matters
28 Restrictions on giving clearances
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 people 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 Registration of transitional facilities and containment facilities
40 Approval of facility operators
41 Designation of quarantine area
IV: Surveillance and Prevention
42 Purpose of Part IV
43 Duty to provide information
44 Repealed by s. 23 of the Biosecurity Amendment Act 1997.
45 Notifiable organisms
46 Duty to report notifiable organisms
47 Repealed by s. 24 of the Biosecurity Amendment Act 1997.
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
V: Pest Management
54 Purpose of Part V
55 Powers for purpose of pest management strategy and small-scale management programme
National Pest Management Strategies
56 Preparation of national pest management strategy
57 Prerequisites for proposal
58 Request to notify national proposal
59 Minister may refuse to notify suggested strategy in certain circumstances
60 Preparation and contents of proposal for national pest management strategy
61 Funding information required in proposal
62 Notification of proposed national pest management strategy
63 Board of inquiry
64__65 Repealed by s. 37 (3) of the Biosecurity Amendment Act 1997.
66 Summary of submissions, notification and conduct of hearing
67 Matters to be considered and board of inquiry's report
68 Making of national pest management strategy
69 Duties of Ministers in relation to proposed national pest management strategies
69A Contents of national pest management strategy
69B Strategy rules
69C Incorporation by reference
69D Exemption power of Minister
70 Orders to be laid before House of Representatives
Regional Pest Management Strategies
71 Preparation of regional pest management strategy
72 Notification of proposal by regional council
73 Consultation
74 Request to notify regional proposal
75 Council may refuse to notify proposal for a strategy in certain circumstances
76 Preparation and contents of proposal for regional pest management strategy
77 Funding information required in proposal
78 Notification of proposed regional pest management strategy
79 Hearings commissioners
79A Summary of submission, notification, and conduct of hearing
79B Regional matters to be considered and regional council's report
79C Notification of decision
79D Reference of decision on submissions to Environment Court
79E Hearing by Environment Court
79F Final consideration of regional pest management strategy
80 untitled record
80A Contents of regional pest management strategy
80B Strategy rules
80C Incorporation by reference
80D Exemption power of regional council
81 Implementation of regional pest management strategy
82 Regional councils may delegate powers
83 Councils may act jointly
National and Regional Pest Management Strategies
84 Management agencies
85 Operational plans
86 Compensation
87 Crown obligations
88 Duration and review of pest management strategies
88A Minor changes to strategy
89 Strategy may relate to several pests
Funding of Strategies
90 Strategy may impose levy
91 Orders to be confirmed
92 Restrictions on levies
93 Contents of levy provisions in strategy
93A Trust accounts for levy money payable to management agency
94 Effect of levy
95 Financial provisions
95A Orders to provide for statements, accounts, and records to be kept
95B Compliance audits
95C Purpose of compliance audits
95D Power of Auditors to require production of statements, accounts, and records
96 Resolution of disputes
97 Regional strategy may be funded by rates
97A untitled record
98__99 99. Repealed by s. 3 (a) of the Biosecurity Amendment Act 1996.
99A Rating powers of regional councils in relation to national pest management strategies
99B Limitation on expenditure
Management of Unwanted Organisms Present on Small Scale
100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms
100A Exercise of powers in respect of unwanted organism
VI: 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
Administrative Powers
106 Power to require assistance
107 Power of inspectors to detain people
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
118 Power to seize evidence
119 Power to seize abandoned goods
120 Power to intercept baggage, etc.
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 Quarantine 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, check-points, 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 to be confirmed
139 Restrictions on levies
140 Contents of 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
VII: Exigency Actions
143 Purpose of Part VII
144 Declaration of biosecurity emergency
145 Emergency powers
146 Duration of emergency
147 House of Representatives to be informed
148 Revocation by House of Representatives of biosecurity emergency
149 Compensation
150 Biosecurity emergency regulations
151 Emergency regulations to be confirmed
152 Provisional control action
153 Compensation following investigation of pests
VIII: Enforcement, Offences, and Penalties
154 Offences
155 Proof of permission, etc.
156 Liability of principals and agents
157 Penalties
158 Fines to be paid to management agency instituting prosecution
159 Certain clearance offences may be proceeded with by way of infringement notice
160 Payment of infringement fees
160A Procedure for certain declaration offences
161 Evidence in proceedings
162 Time for laying informations
IX: 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
165 Regulations
166 General provisions as to regulations
167 Repeals and revocations
168 Enactments amended
X: Savings and Transitional Provisions
169 Savings of Animals Act 1967 for limited administrative purposes
170 Savings of Plants Act 1970 for limited administrative purposes
171 Savings of Apiaries Act 1969 for limited administrative purposes
172 Transition of emergency proclamations
173 Transitional continuance of regulations
174 Transitional provision concerning inspectors, etc.
175 Transition of quarantine appointments
176 untitled record
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
180 Compensation for certain slaughtered animals
181 Transitional control of plant pests
182 Transitional control of bee diseases
183 untitled record
184 Designated ports of entry
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(s)
1 FIRST SCHEDULE:
2 SECOND SCHEDULE: Board Of Inquiry Procedure
3 THIRD SCHEDULE: Enactments Repealed
4 FOURTH SCHEDULE: Enactments Amended
5 FIFTH SCHEDULE: Regulations Amended
6 SIXTH SCHEDULE: Orders in Council and Notices Revoked
7 SEVENTH SCHEDULE: Regulations and Orders Continuing in Force
8 EIGHTH SCHEDULE: Approved Places of First Arrival in New Zealand
Amending Act/Rule(s)
1 The The Biosecurity Amendment Act 1993
2 Short Title
3 untitled amendment
4 untitled amendment
5 untitled amendment
6 The Biosecurity Amendment Act 1994
7 Short Title
8 untitled amendment
9 untitled amendment
10 untitled amendment
11 untitled amendment
12 Disease control operations of Animal Health Board
13 Validations
14 The The Biosecurity (transition)
9 REGULATIONS:
10 REGULATIONS:
11 REGULATIONS:
12 REGULATIONS:
15 The Biosecurity Amendment Act 1996
16 Short Title and commencement
17 untitled amendment
18 Repeal of powers to make and levy pest management rate
19 untitled amendment
20 untitled amendment
21 Savings
22 The Biosecurity Amendment Act (No. 2) 1996
23 Short Title and commencement
24 untitled amendment
25 The Biosecurity (Transition and Savings)
13 REGULATIONS:
14 REGULATIONS:
15 REGULATIONS:
16 REGULATIONS:
17 REGULATIONS:
18 REGULATIONS:
19 FIRST SCHEDULE: Orders in Council Saved until 30 September 1998 or Commencement of Strategy
20 SECOND SCHEDULE: Orders in Council Saved until 30 September 1998
26 The Biosecurity (Transition and Savings)
21 REGULATIONS:
22 REGULATIONS:
27 The Biosecurity Amendment Act 1997
28 Short Title and commencement
1: Preliminary
29 Interpretation
30 untitled amendment
31 untitled amendment
2: Functions, Powers, and Duties
32 untitled amendment
33 untitled amendment
34 untitled amendment
35 untitled amendment
36 untitled amendment
3: Importation of Risk Goods
37 Purpose of Part III
38 untitled amendment
39 Repeal of provisions relating to import health permits
40 untitled amendment
41 untitled amendment
42 untitled amendment
43 untitled amendment
44 untitled amendment
45 untitled amendment
46 untitled amendment
47 untitled amendment
48 untitled amendment
4: Surveillance and Prevention
49 untitled amendment
50 Repeal of section 44
51 Repeal of provisions relating to imported risk goods
52 untitled amendment
53 untitled amendment
54 untitled amendment
55 untitled amendment
5: Pest Management
56 untitled amendment
57 untitled amendment
58 untitled amendment
59 untitled amendment
60 untitled amendment
61 Minister may refuse to notify suggested strategy in certain circumstances
62 untitled amendment
63 untitled amendment
64 untitled amendment
65 untitled amendment
66 untitled amendment
67 untitled amendment
68 untitled amendment
69 untitled amendment
70 untitled amendment
71 untitled amendment
72 untitled amendment
73 untitled amendment
74 untitled amendment
75 untitled amendment
76 untitled amendment
77 untitled amendment
78 untitled amendment
79 untitled amendment
80 untitled amendment
81 untitled amendment
82 untitled amendment
83 untitled amendment
84 untitled amendment
85 untitled amendment
86 untitled amendment
87 untitled amendment
88 untitled amendment
89 untitled amendment
90 untitled amendment
91 untitled amendment
92 untitled amendment
6: Administrative Provisions
93 untitled amendment
94 untitled amendment
95 untitled amendment
96 untitled amendment
97 untitled amendment
98 untitled amendment
99 untitled amendment
100 untitled amendment
101 untitled amendment
102 untitled amendment
103 untitled amendment
104 untitled amendment
105 untitled amendment
106 untitled amendment
107 untitled amendment
108 untitled amendment
109 untitled amendment
110 untitled amendment
111 untitled amendment
112 untitled amendment
113 untitled amendment
114 untitled amendment
115 untitled amendment
116 untitled amendment
117 untitled amendment
118 untitled amendment
119 untitled amendment
120 untitled amendment
121 untitled amendment
122 untitled amendment
123 untitled amendment
7: Exigency Actions
124 untitled amendment
125 untitled amendment
126 untitled amendment
127 untitled amendment
8: Enforcement, Offences, and Penalties
128 untitled amendment
129 untitled amendment
130 untitled amendment
131 untitled amendment
132 untitled amendment
9: Miscellaneous Provisions
133 untitled amendment
134 untitled amendment
135 untitled amendment
136 untitled amendment
137 Amendment to Local Government Act 1974
10: Savings and Transitional Provisions
138 Saving of section of Apiaries Act 1969
139 Saving of New Zealand Grown Fruit and Vegetables Regulations 1975
140 Saving of Honey Export Certification Regulations 1980
141 Revocation of Biosecurity (Organisms) Order 1997
142 Transition of import health permits
143 Transition of approval of ports
144 Transition for transitional facilities
145 Transition of facility operators
146 Transition for notified pest management strategies
147 Transition for specified notified pest management strategies
148 Transition for approved pest management strategies
149 Transition for small-scale management of unwanted organisms
150 Transition for chief technical officers
151 Transition for inspectors and authorised persons
152 Transition for provisional controls
153 untitled amendment
154 Enactments amended
11: Matters Relevant to Hazardous Substances and New Organisms Act 1996
155 Interpretation
156 untitled amendment
157 New sections inserted
158 Approval of transitional facilities and containment facilities
159 untitled amendment
160 Saving of Animals Act 1967 for limited administrative purposes
161 Saving of Plants Act 1970 for limited administrative purposes
162 Revocation of regulations
163 Schedules amended
164 The Biosecurity (Rabbit Calicivirus)
165 Short Title and commencement
166 Section 21 of Animals Act 1967 not to apply to rabbit calicivirus
167 Validation and revocation of Biosecurity (Rabbit Calicivirus) Regulations 1997
168 untitled amendment