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Biosecurity Law Reform Bill Government Bill As reported from the committee of the whole House 256—3 Biosecurity Law Reform Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon David Carter Biosecurity Law Reform Bill Government Bill Contents Title Commencement Part 1 Amendments to Biosecurity Act 1993 Interpretation of import Interpretation of specified in relation to organisms Principal Act amended Interpretation New sections 2A and 2B inserted 2A 2B Application of Act to syndromes of uncertain origin Section 4 substituted 4 Section 5 substituted 5 Land may include parts of boundary roads Powers of responsible Minister Section 10 substituted 10 Application of Act in territorial sea Act binds the Crown Functions of Ministers in relation to national plans Responsible Minister may require information New cross headings and sections 12A and 12B inserted 12A Director-General provides overall leadership Director-General 256—3 Page Biosecurity Law Reform Bill Local authorities Regional council provides leadership regionally 12B Powers of regional councils Powers of territorial authorities Transfer of powers, etc, by local authorities Sections 16 to 16C substituted 16 16A 16B Purpose of Part 3 General duty relating to importation Duty of importers to comply with import health standards Duty of importers not to abandon goods Notice of craft’s intended arrival in
 New Zealand 16C Section 17 substituted 17 Arrival of craft in New Zealand Sections 22 to 24K, and cross heading above section 24E, substituted 22 23 24 24A 24B Meaning of import health standard From draft to recommendation Review Issue Amendment, revocation, suspension, and reinstatement Publication Compliance 24C 24D Craft risk management standards 24E Meaning of craft risk management standard 24F 24G 24H From draft to recommendation Issue Amendment, revocation, suspension, and reinstatement Publication
 Compliance Craft risk management plans 24I 24J 24K Goods to be cleared for entry into New Zealand Section 26 substituted Clearances by inspectors 26 Sections 27 and 27A substituted 27 27A Section 28B substituted Requirements for clearances Post-clearance conditions on clearances Biosecurity Law Reform Bill 26 27 28 28A 29 28B Biosecurity clearance for certain new organisms and qualifying organisms Uncleared imports Processing unaccompanied goods Boarding of craft Risk goods on board craft Sections 35 and 35A substituted 35 35A Duties of persons in biosecurity control areas Duty of persons to remain in biosecurity control areas Movement of risk goods 30 30AA Approval of arrival of craft at port not approved as place of first arrival New section 38 substituted 38 Importers’ records Approval of transitional facilities and containment facilities Approval of facility operators New sections 40A to 40F inserted 40A 40B 40C 40D 40E 40F Purpose of Part 4 Notifiable organisms Communication of pest or unwanted organism Parts 5 and 5A substituted Suspension of facility approval Notice requirements Effect of suspension and extension Suspension of operator approval Notice requirements Effect of suspension and extension 30A 31 32 33 34 35 36 37 Part 5 Pest management 54 55 56 57 58 Purpose of this Part Responsible Minister may assign responsibility
 for decisions Policy direction Responsible Minister provides leadership through national policy direction Process for making national policy direction Process for amending or revoking and replacing national policy direction Biosecurity Law Reform Bill Pest management plans National pest management plans Definitions for sections 60 to 66 Relationship of rules and plan with law First step: plan initiated by proposal
 Second step: satisfaction on requirements Third step: satisfaction with consultation or requirement of more consultation Fourth step: approval of preparation of plan and decision on management agency Fifth step: satisfaction on contents of plan and requirements Making of plan Exemptions from rules Regional pest management plans Definitions for sections 68 to 76 Relationship of rules with law First step: plan initiated by proposal Second step: satisfaction on requirements Third step: satisfaction with consultation or requirement of more consultation Fourth step: approval of preparation of plan and decision on management agency Fifth step: satisfaction on contents of plan and requirements Sixth step: decision on plan Application to Environment Court about plan Making of plan Exemptions from rules Pathway management plans National pathway management plans Definitions for sections 78 to 84 Relationship of rules and plan with laws First step: plan initiated by proposal Second step: satisfaction on requirements Third step: satisfaction with consultation or requirement of more consultation Fourth step: approval of preparation of plan and decision on management agency Fifth step: satisfaction on contents of plan and requirements 59 60 61 62 63 64 64A 65 66 67 68 69 70 71 72 72A 73 74 75 76 77 78 79 80 81 82 82A 61 61 61 67 68 69 73 73 74 75 76 76 82 84 85 88 89 89 90 92 93 94 94 99 100 102 104 4 Biosecurity Law Reform Bill 83 84 85 86 87 88 89 90 90A 91 92 93 94 Making of
 plan Exemptions from rules Regional pathway management plans Definitions for sections 86 to 94 Relationship of rules with law First step: plan initiated by proposal Second step: satisfaction on requirements Third step: satisfaction with consultation or requirement of more consultation Fourth step: approval of preparation of plan and decision on management agency Fifth step: satisfaction on contents of plan and requirements Sixth step: decision on plan Application to Environment Court about plan Making of
 plan Exemptions from rules Implementation of plans Definitions for sections 96 to 100B Management agencies Powers in Part 6 Operational plans Duration of plans Review of plans 95 96 97 98 99 100 100AA Review of plans after national policy direction approved, amended, or revoked and replaced 105 105 107 108 108 113 115 116 119 119 120 121 122 125 125 126 126 127 128 130 100A Application to Environment Court if regional plan 130 not reviewed 100B Minor changes to plans Councils’ powers and duties relating to regional plans 100C Councils’ powers and duties 100D Compensation Compensation Funding of implementation of plans 100E Definitions for sections 100F to 100N 100F Limitation on expenditure 100G Levy orders Funding from levy 131 132 133 133 134 134 5 Biosecurity Law Reform Bill Contents of order Trust accounts for levy money 100H Effect of order 100I 100J 100K Compliance audits for levy 100L Power of auditors to require production of documents 100M Management agency to account for levy 100N Orders to be confirmed Funding from rates 100O Regional pest management plan or regional pathway management plan 100P National pest management plan or national pathway management plan Small-scale management programmes 100Q Regional council may declare small-scale management programme 100R Exercise of powers under programme Part 5A Government/industry agreement for readiness or response Purpose of Part 5A 100S 100T Definitions for Part 5A 100U Government/industry agreement for
 readiness or response 100V Industry organisation 100W Readiness or response levy orders 100X Effect of order 100Y Contents of order 100Z Trust accounts for levy money 100ZA Compliance audits for levy 100ZB Power of auditors to require production of documents 100ZC Orders to be confirmed Inspectors, authorised persons, and accredited persons New sections 105A to 105F inserted 105A Call in of powers or functions 105B Appointment of auditors 105C Audits 105D Auditors’ general duties 105E Auditors’ powers 135 135 137
general duties 105E Auditors’ powers 40A 41 42 43 44 45 46 47 48 49 50 50A 51 52 53 54 55 Biosecurity Law Reform Bill 105F Auditors’ duties relating to power of entry Sections 107 to 107B substituted 107 Power to detain for purpose of checking for uncleared risk goods 107A Power to detain for purpose of checking for unauthorised goods 107B Power to detain for public health or law enforcement purposes Power to search people Power of inspection Section 114 substituted 114 General powers New section 117A inserted 117A Seizure and detention of goods or documents as evidence for other enactments Power to intercept risk goods Power to seize abandoned goods Section 120 substituted 120 Power to examine organisms Power to apply article or substance to place Prohibition or control of certain tests Power to give directions Inspection of and intervention in transitional facilities and containment facilities Power to act on default Road blocks, cordons, check-points, etc Options for cost recovery Levies Power of auditors to require production of statements and records New cross headings and sections 142A to 142S inserted Biosecurity database 142A Establishment 142B Information from local authorities 142C Access, use, or disclosure 142D Person may require Director-General not to access, use, or disclose information 142E Voluntary provision of information Automated electronic systems 142F Arrangement
 for system 142G Effect of use of system Biosecurity Law Reform Bill Risk profiling 142H Retention and use of information for risk profiling 178 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 Purpose of Part 7 Declaration of biosecurity emergency Emergency powers Section 146 substituted 146 New section 147 substituted 147 Biosecurity emergency regulations Sections 154 to 154N substituted and cross headings inserted House of Representatives must be informed Duration of emergency Compliance orders Scope 154 154A Content 154B Service 154C Compliance 154D Change or cancellation 154E Appeal to District Court 154EA Appeal to High Court, Court of Appeal, or Supreme Court 154F Effect of appeal 59A 60 61 8 62 62A 63 64 64A 65 66 Biosecurity Law Reform Bill Pecuniary penalties 154G Pecuniary penalty order 154H Liability of principals and employers 154I Amount 154J Other orders instead of or in addition to pecuniary penalty order 154K Concurrent criminal proceedings and pecuniary penalty proceedings Offences 154L Section 154L offence 154M Section 154M offences 154N Section 154N offences Penalties Section 158 repealed Proceedings for infringement
 offences Accelerated infringement notice procedure for border infringement offences New section 160 substituted 160 Who gets payments of fines, fees, and pecuniary penalties Evidence in proceedings New Part 8A inserted 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 162ACA Interpretation 162AD Purpose of Part 3 162AE Notice of intended arrival of craft in EEZ 162AF Arrival of craft in EEZ 162AG Persons in
 charge of certain craft to obey directions of inspector or authorised person 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 Biosecurity Law Reform Bill 162AP Fourth step: approval of preparation of plan and decision on management agency 162APA Second step: satisfaction on requirements 162APB Fourth step: approval of preparation of plan and decision on management agency 67 68 68A 69 70 162APC Definitions for Part 5A 162APD Declaration of controlled area 162AQ Declaration of biosecurity emergency 162AR Emergency powers 162AS Provisional control action 162AV General provisions as to regulations Section 162A substituted 162A Compensation Protection of inspectors and others Procedure for giving directions or making requirements New section 164D inserted 164D Consultation about regulations Section 165 substituted 165 General provisions as to regulations Schedule 2 repealed Regulations 71 72 72AA Transitional provision on import health standards 72A 73 74 Saving of independent review panel Gazette notice Transitional provision on pest management Transitional provision on import health standards on ballast water or biofouling Saving of provision on
 compensation Part 2 Amendments relating to ballast water Amendments to Maritime Transport Act 1994 197A Regulations may impose ballast water management levy Part 19A Protection of marine environment from ballast water 246A Meaning of ballast water, convention, and ship 246B Discharge from ships 246C Offence 246D Defences 246E Director’s powers 246F Person subject of exercise of Director’s powers 234
219 226 226 226 227 227 232 232 233 233 233 234 234 235 235 237 Biosecurity Law Reform Bill Part 1 cl 4 77 78 79 80 81 82 83 Amendments to Maritime Transport (Marine Protection Conventions) Order 1999 Amendments to Resource Management (Marine Pollution) Regulations 1998 Part 3 Related amendments to other enactments Amendment to Ombudsmen Act 1975 Amendments to Wild Animal Control Act 1977 Amendments to Wildlife Act 1953 Transitional provision on wallabies and possums Consequential amendments and revocations Schedule Consequential amendments and revocations 239 239 239 239 240 240 241 242 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) 3 4 (1) (2) Title This Act is the Biosecurity Law Reform Act 2010.
Commencement Section 19 and Part 2 come into force on the date appointed 5 by the Governor-General by an Order in Council.

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Amendments to Biosecurity Act 1993 10 Principal Act amended This Part amends the Biosecurity Act 1993.

Interpretation This section amends section 2.


The following paragraph is added to the definition of arrive 15 in New Zealand: 11 Part 1 cl 4 Biosecurity Law Reform Bill “(d) in relation to goods, means to reach land within New Zealand territory after a flight or voyage originating out- side New Zealand territory”.
(3) (4) (5) (6) (7) (8) “(b) 5 10 The definition of craft is repealed and the following definition substituted: “craft— “(a) means an aircraft, ship, boat, or other machine or vessel used or able to be used for the transport of people or goods, or both, by air or sea; and includes— “(i) “(ii) an oil rig; and a structure or installation that is imported by be- ing towed through the sea”.

The definition of exclusive economic zone is repealed.
The definition of import is repealed and the following defin- 15 ition substituted: “import is defined in section 2A”.

The definition of import health standard is repealed and the following definition substituted: “import health standard has the meaning given to it by sec- 20 tion 22”.
The definition of management agency is repealed and the fol- lowing definition substituted: “management agency means the body specified as the man- agement agency in a pest management plan or a pathway man- 25 agement plan”.

The definition of Minister is repealed and the following def- inition substituted: “Minister means a Minister of the Crown”.
(9) (8A) The definition of New Zealand territory is amended by omit- 30 ting “(as described in section 3 of the Territorial Sea, Contigu- ous Zone, and Exclusive Economic Zone Act 1977)”.
The definition of organic material is repealed and the follow- ing definition substituted: “organic material means material to which the following 35 apply: “(a) it— 12 Biosecurity Law Reform Bill Part 1 cl 4 is derived from an organism; or “(i) “(ii) is an excretion or secretion of an organism; or “(iii) contains material derived from an organism; or “(iv) contains an excretion or secretion of an organism; and “(b) it— “(i) may or may not contain material derived from a human being; and “(ii) may or may not contain the secretions of a human being; and 5 10 “(c) it— “(i) “(ii) is not cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance de- rived from petroleum oil; and is not material purporting to be organic on the 15 basis only that it contains cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance derived from petroleum oil”.
(10) The definition of pest is amended by omitting “strategy” and substituting “plan”.

20 (11) The definition of “pest management strategy and strategy” is repealed and the following definition substituted: “pest management plan means a plan to which the following apply: “(a) it is for the eradication or effective management of a 25 particular pest or pests: it is made under Part 5: it is a national pest management plan or a regional pest management plan”.
“(b) “(c) (12) The definition of rule is amended by omitting “strategy in ac- 30 cordance with section 69B or section 80B” and substituting “plan or a pathway management plan”.

(13) The definition of small-scale management programme is amended by omitting “declared under section 100” and sub- stituting “to which section 100Q applies”.
35 (14) The definition of unauthorised goods is amended by inserting the following paragraphs after paragraph (c): “(ca) goods that— 13 Part 1 cl 4 Biosecurity Law Reform Bill “(i) are subject to post-clearance requirements in an import health standard; and “(ii) do not comply with the requirements; or “(cb) goods that— “(i) are subject to post-clearance conditions under 5 section 27A; and “(ii) do not comply with the conditions; or “(cc) goods that— “(i) are subject to regulations made under section 165(4); and 10 “(ii) do not comply with the regulations; or “(cd) goods in relation to which a person is subject to post- clearance requirements in an import health standard and does not comply with the requirements; or “(ce) goods in relation to which a person is subject to post- 15 clearance conditions under section 27A and does not comply with the conditions; or “(cf) goods in relation to which a person is subject to regula- tions made under section 165(4) and does not comply with the regulations; or”.
20 (15) The following definitions are inserted in their appropriate al- phabetical order: “accredited person means a person currently accredited under section 103(7) “appointer means the person who appoints an inspector or 25 authorised person “arrive in the EEZ has the same meaning as it has in Part 8A “auditor, in sections 105C to 105F, means a person ap- pointed an auditor under section 105B “automated electronic system means a system that is the sub- 30 ject of an arrangement under section 142F “biosecurity database means the database established under section 142A “biosecurity law means— “(a) “(b) “(c) “(d) this Act: regulations: instruments made under Part 5: any thing done under this Act that applies generally: 35 14 Biosecurity Law Reform Bill Part 1 cl 4 “(e) any thing done under this Act that applies specifically to a person “compliance order means an order made under section 154 “craft risk management plan means a plan approved under section 24K “craft risk management standard means a standard issued under section 24G “EEZ has the same meaning as it has in Part 8A “effects, in sections 12A and 12B and Part 5,— “(a) include the following, regardless of scale, intensity, du- 10 ration, or frequency: “(i) “(ii) “(iii) a past, present, or future effect; and “(iv) a cumulative effect that arises over time or in 15 a positive or adverse effect; and a temporary or permanent effect; and 5 combination with other effects; and “(b) also include the following: “(i) “(ii) a potential effect of high probability;
 and a potential effect of low probability that has a high potential impact 20 25 “(c) “(b) “facility operator means a person approved under section 40 “good neighbour rule means a rule to which the following apply: “(a) it applies to an occupier of land and to a pest or pest agent that is present on the land; and it seeks to manage the spread of a pest that would cause costs to occupiers of land that is adjacent or nearby; and it is identified in a regional pest management plan as a good neighbour rule; and
 it complies with the directions in the national policy 30 direction relating to the setting of good neighbour rules “government/industry agreement has the meaning given to it in section 100T “law, in section 154N, means— “(a) “(b) “(c) “(d) this Act: regulations: a pest management plan: a pathway management plan: “(d) 35 15 Part 1 cl 4 Biosecurity Law Reform Bill a declaration of emergency under section 144 “(e) “national policy direction means the direction approved under section 57 “official means— “(a) “(b) “(c) “(d) “(e) “(f) “(g) “pathway means movement that— “(a) the Director-General: an inspector: an authorised person: an assistant of an inspector: an assistant of an authorised person: a chief technical officer: a person appointed an auditor under section 105B is of goods or craft out of, into, or through— a particular place in New Zealand; or “(i) a particular kind of place in New Zealand; and “(ii) “(b) has the potential to spread harmful organisms “pathway management plan means a plan to which the fol- lowing apply: “(a) it is for the prevention or management of the spread of harmful organisms: it is made under Part 5: it is a national pathway management plan or a regional pathway management plan “(b) “(c) “post-clearance requirements means requirements that apply after risk goods are given a biosecurity clearance “producer— “(a) means a person in the business of 1 or more of the fol- producing animals: lowing: “(i) “(ii) producing the products of animals:
 “(iii) harvesting animals: “(iv) harvesting the products of animals: “(v) producing plants: “(vi) producing the products of plants: “(vii) harvesting plants: “(viii) harvesting the products of plants; and includes a person who uses horses in the course of a business “(b) 16 Biosecurity Law Reform Bill Part 1 cl 5 “readiness or response activity has the meaning given to it in section 100T “sector— “(a) means a group of producers in the business of— producing animals; or “(i) “(ii)
 producing the products of animals; or “(iii) harvesting animals; or “(iv) harvesting the products of animals; or “(v) producing plants; or “(vi) producing the products of plants; or “(vii) harvesting plants; or “(viii) harvesting the products of plants; and includes a group of persons who use horses in the course of their businesses “(b) “sector has the same meaning as it has in Part 5A “SPS Agreement means the WTO Agreement on the Appli- cation of Sanitary and Phytosanitary Measures “territorial sea has the meaning given to it in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 “written or in writing means printed, typewritten, or other- wise visibly represented, copied, or reproduced, including by fax, email, or other electronic means”.
(16) Section 2(2) and (3) are repealed.

5 New sections 2A and 2B inserted The following sections are inserted after section 2: “2A Interpretation of import “(1) “(2) “(3) In this Act, import means to bring within New Zealand terri- tory from outside the territory.

Verb forms of import have a corresponding meaning.

In this Act, importation means bringing within New Zealand territory from outside the territory.
In this Act, importer— “(a) means a person who imports goods; and “(b) a person for whom goods are imported; and includes— “(i) 17 Part 1 cl 6 Biosecurity Law Reform Bill “(ii) the New Zealand agent of an overseas-based per- son who arranges the importation of goods; and “(iii) the New Zealand-based representative of an overseas-based person who arranges the import- ation of goods; and the New Zealand-based consignee of imported goods.
“(iv) 5 “(b) “(c) “(d) includes a person for whom goods are imported; and includes a New Zealand-based agent who— “(i) “(ii) has an overseas-based person as a principal; and 10 arranges the importation of goods for the princi- pal; and includes a New Zealand-based representative who— represents an overseas-based person; and “(i) arranges the importation of goods for the person; 15 “(ii) and “(e) includes the New Zealand-based consignee of imported goods.
“2B Interpretation of specified in relation to organisms For the purposes of this Act, an organism may be specified by 20 1 or both of the following: “(a) “(b) its scientific name: the name of a disease it causes.” Application of Act to syndromes of uncertain origin Section 3(2) is amended by omitting “strategy” and substitut- 25 ing “plan or a pathway management plan”.
Section 4 substituted Section 4 is repealed and the following section substituted: Application of Act in territorial sea A provision in this Act that applies in the territorial sea must 30 be interpreted in a way that preserves the rights of vessels of other states to engage in innocent passage through the territor- ial sea or transit passage through straits used for international navigation as set out in the United Nations Convention on the Law of the Sea of 10 December 1982.” 35 6 7 “4 18 Biosecurity Law Reform Bill Part 1 cl 10 8 Section 5 substituted Section 5 is repealed and the following section substituted: Act binds the Crown “5 “(1) This Act binds the Crown, except as described in subsection (2).
5 “(2) A regional pest management plan binds the Crown to the ex- tent provided in section 68(5) and a regional pathway man- agement plan binds the Crown to the extent provided in sec- tion 86(5).” 9 (1) (2) 10 (1) (2) 10 Land may include parts of boundary roads Section 6(1) is amended by omitting “any pest management strategy applies to land adjoining a road, that strategy may state that the land includes, for the purposes of the strategy” and substituting “a pest management plan or a pathway man- agement plan applies to land adjoining a road, the plan may 15 state that the land includes, for the purposes of the plan”.
Section 6(2) is amended by omitting “any pest management strategy to do anything on or in relation to land, where the pest management strategy” and substituting “a pest management plan or a pathway management plan to do anything on or in 20 relation to land, when the plan”.

Powers of responsible Minister Section 9(1)(b) is repealed.
Section 9(1) is amended by inserting the following paragraphs after paragraph (c): “(ca) assign responsibility for decisions under section 55: “(cb) recommend to the Governor-General the approval of the national policy direction under section 57: “(cc) recommend to the Governor-General the approval of 25 amendments to the national policy direction under sec- 30 tion 58(1): “(cd) approve amendments to the national policy direction under section 58(2): “(ce) recommend to the Governor-General the approval of the revocation and replacement of the national policy 35 direction under section 58(3): 19 Part 1 cl 11 Biosecurity Law Reform Bill “(cf) publish notices about industry organisations under sec- tion 100V(2): “(cg) recommend to the Governor-General under section 100W(1) the making of Orders in Council imposing readiness and response levies:”.
5 (3) Section 9(2) is amended by omitting “ (a), (c), (d), and (e) ”.

11 Section 10 substituted Section 10 is repealed and the following section substituted: “10 Functions of Ministers in relation to national plans “(1) Any Minister may carry out the functions specified in Part 5 10 as the functions of a Minister.
“(2) Any Minister may carry out the functions of— “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) approving the preparation of a national pest manage- ment plan under section 64(1): recommending to the Governor-General the making of 15 an Order in Council making a national pest management plan under section 65(1): approving the preparation of a national pathway man- agement plan under section 82(1): recommending to the Governor-General the making of 20 an Order in Council making a national pathway man- agement plan under section 83(1): appointing a management agency for a plan under sec- tion 96(3): disallowing an operational plan or part of it under sec- 25 tion 98(4): reviewing, amending, revoking and replacing, or revok- ing a plan under section 100: recommending to the Governor-General the making of an Order in Council imposing a levy under section 30 100G(1).
“(3) No Minister may delegate the carrying out of the functions in subsection (2) to a person other than another Minister.” Responsible Minister may require information Section 12(1) is amended by omitting “strategy” and substi- 35 tuting “plan or a pathway management plan”.
12 20 Biosecurity Law Reform Bill Part 1 cl 13 13 New cross headings and sections 12A and 12B inserted The cross heading after section 12 is repealed and the follow- ing sections and cross headings are inserted after section 12: “Director-General “12A Director-General provides overall leadership “(1) The Director-General provides overall leadership in activities that prevent, reduce, or eliminate adverse effects from harm- ful organisms that are present in New Zealand (pest manage- ment).
5 “(2) The ways in which the Director-General provides leadership 10 include— “(a) promoting alignment of pest management within the whole biosecurity system: “(c) “(b) overseeing New Zealand’s systems for pest manage- ment and measuring overall system performance: facilitating the development and alignment of national pest management plans and national pathway manage- ment plans: 15 “(d) promoting public support for pest management: “(e) facilitating communication, co-operation, and co-or- 20 dination among those involved in pest management to enhance effectiveness, efficiency, and equity of programmes.
“Local authorities “12B Regional council provides leadership regionally “(1) A regional council provides leadership in activities that pre- vent, reduce, or eliminate adverse effects from harmful organ- isms that are present in New Zealand (pest management) in its region.
25 “(2) The ways in which the regional council provides leadership in 30 the region include— “(a) promoting the alignment of pest management in the re- gion: facilitating the development and alignment of regional pest management plans and regional pathway manage- 35 ment plans in the region: promoting public support for pest management: “(b) “(c) 21 Part 1 cl 14 Biosecurity Law Reform Bill “(d) facilitating communication and co-operation among those involved in pest management to enhance effect- iveness, efficiency, and equity of programmes.
“(3) A regional council also provides leadership by promoting co-ordination of pest management between regions.” 5 14 (1) Powers of regional councils Section 13(1)(a) to (f) are repealed and the following para- graphs substituted: “(a) cause to be carried out, for the purposes of Part 5,— “(i) monitoring to determine whether or not pests, 10 pest agents, and unwanted organisms are present; and surveillance of pests, pest agents, and unwanted organisms: “(ii) “(c) “(b) provide, in accordance with relevant pest management 15 plans, for the assessment and eradication or manage- ment of pests: prepare proposals for, make, and implement regional pest management plans and regional pathway manage- ment plans: appoint a management agency for a plan under section 96(3): disallow an operational plan or part of it under section 98(4): review, amend, revoke and replace, or revoke a plan 25 under section 100: “(d) “(e) “(f) 20 “(fa) declare and implement small-scale management pro- grammes.” (2) Section 13(2) is repealed and the following subsection substi- tuted: 30 “(2) Regional councils have all the powers of territorial authorities set out in section 14.” Powers of territorial authorities Section 14(b) is amended by omitting “strategy” and substi- tuting “plan or a pathway management plan”.
35 15 (1) 22 Biosecurity Law Reform Bill Part 1 cl 17 (2) (3) (4) (5) (6) 16 (1) (2) (3) 17 Section 14(c) is amended by omitting “any pest management strategy” and substituting “a pest management plan or a path- way management plan”.

Section 14(d)(i) is amended by omitting “strategy” and substi- tuting “plan or a pathway management plan”.

Section 14(d)(ii) is amended by omitting “strategy” and sub- stituting “plan”.
Section 14(da) is amended by omitting “any national pest man- agement strategy” and substituting “a national pest manage- ment plan or a national pathway management plan”.

Section 14(da) is amended by omitting “that strategy” and sub- stituting “the plan”.

5 10 Transfer of powers, etc, by local authorities Section 15(1)(b) is amended by omitting “strategy” and sub- stituting “plan or a national pathway management plan”.
Section 15(1)(c) is amended by omitting “strategy” and sub- stituting “plan or a regional pathway management plan”.

Section 15(2)(a) is amended by omitting “notifying or making any regional pest management strategy under Part 5 of this Act” and substituting “making a regional pest management 20 plan or a regional pathway management plan under Part 5”.
15 Sections 16 to 16C substituted Section 16 is repealed and the following sections are substi- tuted: “16 Purpose of Part 3 The purpose of this Part is to provide for the effective man- agement of risks associated with— “(a) “(b) the importation of risk goods: the entry of craft into New Zealand territory.
“16A General duty relating to importation A person must not— “(a) provide an official or an automated electronic system with false, misleading, or incomplete information about goods to be imported or uncleared goods; or 25 30 23 Part 1 cl 18 Biosecurity Law Reform Bill “(b) take steps that are likely to hinder the detection by an official of uncleared goods.
“16B Duty of importers to comply with import health standards An importer of risk goods must— “(a) take all reasonable steps to ensure that the goods comply 5 with applicable import health standards; and “(b) provide an inspector with a declaration in an approved form setting out the steps taken to comply with the standard, if the inspector requires the person to do so.
if required by an inspector, do the following: “(i) provide the inspector with a declaration in an ap- proved form setting out the steps taken to comply with the standard; and “(b) “(ii) provide the inspector with the declaration in an approved manner.

10 15 “16C Duty of importers not to abandon goods “(1) An importer of goods must not leave the goods in a biosecur- ity control area, transitional facility, or place approved under section 37.
“(2) For the purposes of this section, leaving goods— 20 “(a) means leaving them in a way or for a period that would entitle an inspector or authorised person to regard the goods, under section 119(2), as abandoned; and “(b) does not mean putting them into a bin provided for the purpose of having imported goods left in it for dis- 25 posal.” 18 Section 17 substituted Section 17 is repealed and the following section substituted: “17 Notice of craft’s intended arrival in New Zealand “Craft to which section applies 30 “(1) This section applies to a craft that is en route to New Zealand territory from a point outside New Zealand territory on a flight or voyage that is intended to include arrival in New Zealand.
24 Biosecurity Law Reform Bill Part 1 cl 18 “Meaning of approved port “(2) The craft must arrive in New Zealand at 1 of the following approved ports if it is possible and practicable to do so: “(a) a port of entry approved under this Act as a place of first arrival for craft of all kinds and craft arriving for 5 all purposes: a port of entry approved under this Act as a place of first arrival suitable for the craft and, if relevant, for the purpose for which it is arriving: a port approved under section 37A for the arrival of the 10 craft.
“(b) “(c) “Persons who carry out duties “(3) The duties in subsections (6), (7), (9), and (10) must be carried out by the person who is in charge of the craft.

“(4) The following persons may carry out the duties on behalf of 15 the person who is in charge of the craft: “(a) “(b) “(c) “(d) an owner of the craft: an operator of the craft: an agent of an owner of the craft: an agent of an operator of the craft.
“Form and manner of notices 20 “(5) The person who is carrying out the duties must give notices under this section in the form and manner— approved by the Director-General; and “(a) available on an internet site maintained by or on behalf 25 “(b) of the Ministry.
“First notice “(6) The person must give the Director-General notice of the fol- lowing matters from a point outside New Zealand territory: “(a) when and where, approximately, the craft will enter 30 “(b) New Zealand territory; and in relation to the craft’s arrival in New Zealand,— “(i) the approved port at which it is intended that the craft will arrive; or if it is impossible or impracticable to go to an 35 approved port, the destination at which it is in- tended that the craft will arrive.
“(ii) 25 Part 1 cl 18 Biosecurity Law Reform Bill “(7) After giving notice under subsection (6), the person must en- sure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination.

“Second notice “(a) “(b) “(8) Subsections (9) and (10) apply when— the person has given the notice; and the craft has not subsequently arrived in New Zealand; and the person learns that it is now impossible or impracti- cable to go to the port or destination stated in the notice.
10 “(c) 5 “(9) The person must give the Director-General notice of the fol- lowing matters: “(a) where, approximately, the craft is; and “(b) when and where, approximately, the craft will enter “(c) 15 New Zealand territory; and in relation to the craft’s arrival in New Zealand,— “(i) the approved port at which it is now intended that the craft will arrive, if it is possible and practic- able to go to an approved port; or the destination at which it is now intended that 20 the craft will arrive, if it is impossible or imprac- ticable to go to an approved port.
“(ii) “(10) After giving notice under subsection (9), the person must en- sure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination.
25 “Regulations may elaborate duties “(11) Regulations may— “(a) “(b) “(c) “(d) require that a notice contain details of a craft’s previous voyages, current voyage, and future intended voyages within New Zealand territory: require that a notice contain the details about the fol- lowing that are specified in the regulations: “(i) “(ii) “(iii) goods on board the craft: specify the length of time before a craft’s arrival in New Zealand at which the notice must be given: require that a notice— the craft’s crew: the craft’s passengers: 30 35 26 “(e) Biosecurity Law Reform Bill Part 1 cl 20 “(i) give different information about the matters de- pending on the class or description of the craft: “(ii) give the information at different times depending on the class or description of the craft: provide for the Director-General to require the giving 5 of the information earlier than the time specified in the regulations if— “(i) an emergency or an urgent situation has arisen; and the emergency or the urgent situation creates a 10 risk of significant harm to human health, the en- vironment, or the economy; and “(ii) “(iii) the earlier giving of the information is necessary to avoid or mitigate the risk.” 19 Arrival of craft in New Zealand Section 18 is amended by adding the following subsections: 15 “(3) The person is deemed to have an inspector’s permission to dis- charge ballast water into New Zealand waters if the person has complied with rules made under section 388 of the Maritime Transport Act 1994.
In subsection (3), ballast water and New Zealand waters have the meanings given to them in the Maritime Transport Act 1994.” “(4) 20 Sections 22 to 24K, and cross heading above section 24E, substituted Sections 22 and 22A are repealed and the following sections and cross heading substituted: “22 Meaning of import health standard “(1) An import health standard specifies requirements to be met 20 25 for the effective management of risks associated with import- 30 ing risk goods, including risks arising because importing the goods involves or might involve an incidentally imported new organism.
“(2) An import health standard must include pre-clearance require- ments, which apply before risk goods may be imported, moved 35 27 Part 1 cl 20 Biosecurity Law Reform Bill from a biosecurity control area or a transitional facility, or given a biosecurity clearance.

“(3) An import health standard may also include post-clearance re- quirements, which apply after risk goods are given a biosecur- ity clearance.
5 “(2) An import health standard must include requirements that apply before 1 or more of the following actions may be taken: “(a) “(b) the risk goods are imported: the risk goods are moved from a biosecurity control area: the risk goods are moved from a transitional facility: the risk goods are given a biosecurity clearance.

“(c) “(d) “(3) An import health standard may also include post-clearance re- quirements.
“(4) An import health standard must do the following: “(a) “(b) specify the class or description of goods to which it ap- plies; and specify that it applies to goods of a class or description imported from— “(i) “(ii) “(iii) a location or locations specified; or “(iv) all countries.
a country or countries specified; or countries of a class or description specified; or “(5) An import health standard may specify requirements in any 10 15 20 appropriate manner, including, but not limited to, 1 or more of 25 the following: “(a) measures to be applied to the goods before or after im- “(b) “(c) portation into New Zealand: evidence or information to be provided about the meas- ures or the goods: a statement of the outcome to be achieved and the criteria to determine whether the outcome has been achieved.
30 “(6) An import health standard may specify— “(a) “(b) information that the importer of goods to which the 35 standard applies must provide to the Director-General: the period before the goods’ arrival in New Zealand by which the importer must provide the information: 28 Biosecurity Law Reform Bill Part 1 cl 20 “(c) the form of a declaration and manner in which the im- porter must provide the information.
“(7) Post-clearance requirements in an import health standard may also specify the following: “(a) the class or description of persons to whom the require- 5 ments apply: “(b) on the use of the goods,— the use to which they must be put; or the restrictions or conditions on their use: “(i) “(ii) the use to which the goods must be put: “(b) “(ba) the restrictions or conditions on the use of the goods: “(c) “(d) the duration of the requirements: any other matters reasonably necessary for the effective implementation of the requirements.
“23 From draft to recommendation “(1) A chief technical officer begins the process of making an im- port health standard by analysing or assessing the risks asso- ciated with importing a class or description of goods.

If the officer considers that a standard could effectively man- age the risks, the officer may draft a proposed standard.
“(3) The officer must consult the following persons about the draft “(2) 10 15 20 standard: “(a) “(b) the chief executive of every department whose respon- sibilities for human health or natural resources may be adversely affected by it; and any other persons the officer considers to be represen- tative of the classes of persons having an interest in it.
In the course of developing the version of the standard for recommendation to the Director-General, the officer— “(a) must have regard to the matters raised by the persons 30 25 consulted; and “(4) “(b) must have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard: “(i) the likelihood that the goods will import organ- 35 isms: the nature of the organisms that the goods may import: “(ii) 29 Part 1 cl 20 Biosecurity Law Reform Bill “(iii) the possible effect on human health, the New Zealand environment, and the New Zealand economy of the organisms that the goods may import: “(iv) New Zealand’s obligations under international 5 agreements other than the SPS Agreement; and “(c) must be satisfied that the requirements proposed for inclusion in the standard are consistent with New Zealand’s obligations under the SPS Agreement; and “(d) must have regard to the following matters in relation to 10 goods of the class or description proposed for coverage by the standard and the requirements proposed for in- clusion in the standard: “(i) the extent to which the requirements reduce or manage the likelihood of adverse effects from 15 organisms that may be imported on the goods or in association with the goods: the extent to which the requirements reduce or manage the impacts of adverse effects from or- ganisms that may be imported on the goods or in 20 association with the goods; and “(ii) “(e) may have regard to the following matters in relation to goods of
 the class or description proposed for coverage by the standard and the requirements proposed for in- clusion in the standard: “(i) “(ii) the direct cost of the requirements on importers: the direct cost of the requirements on the govern- ment Crown: “(iii) other economic factors involved in implementing “(iv) the requirements: technical and operational factors involved in im- plementing the requirements; and “(f) must ensure, in relation to post-clearance requirements 25 30 proposed for inclusion in the standard, that— “(i) there is an identifiable class of persons who will 35 be subject to the requirements; and it is reasonably practicable to notify the persons who will be subject to the requirements about the requirements; and “(ii) 30 Biosecurity Law Reform Bill Part 1 cl 20 “(iii) the requirements are reasonably capable of being enforced; and “(g) may have regard to any other matters that the officer considers relevant to achieving the purpose of this Part.
“(5) The officer then recommends to the Director-General that the 5 Director-General issue the standard.

“24 Review “(1) A person consulted under section 23(3)(b) may raise with the Director-General the question whether scientific evidence about which the person raised a significant concern received 10 sufficient regard in the development of the standard.
“(2) The Director-General must ensure that there is a process to es- tablish an independent review panel to review the question of whether scientific evidence about which a person has raised a significant concern received sufficient regard in the develop- 15 ment of the standard.
“(3) The process must deal with— the criteria for setting up the panel; and “(a) “(b) how the Director-General will appoint the panel mem- “(c) including the knowledge and experience that 20 bers, members must have; and the procedures to be followed by— “(i) “(ii) the reporting requirements for the panel.
a person consulted under section 23(3)(b); and the panel in undertaking its review; and “(d) If a panel reports to the Director-General, the Director-General must, as soon as reasonably practicable,— “(a) take the panel’s findings and recommendations into ac- count; and “(4) “(b) determine the issue in dispute; and give reasons for the determination.
“(c) “24A Issue “(1) After receiving the officer’s recommendation under section 23(5) and complying with section 24(4), if it applies, the Director-General must— “(a) make a decision on the issue of a standard; and 31 25 30 35 Part 1 cl 20 Biosecurity Law Reform Bill “(b) if the decision is to issue the standard, make a decision on the date on which the standard is to come into force.
“(1) After receiving the officer’s recommendation under section 23(5) and complying with section 24(4), if it applies, the Dir- ector-General must decide whether or not to issue a standard.

5 “(1A) If the Director-General decides to issue a standard, he or she must— “(a) “(b) decide on the date on which the standard is to come into force; and issue the standard with the date in it.
“(2) The Director-General is not required to issue a standard for goods of a particular class or description if the Director-Gen- eral considers that the requirements that could be imposed in the standard would not be sufficient to enable the purpose of this Part to be achieved.
“24B Amendment, revocation, suspension, and reinstatement “Amendment and revocation “(1) Sections 23 to 24A apply, to the extent to which they are relevant and reading in any necessary modifications, to— proposed amendments to an import health standard: “(a) a proposal to revoke an import health standard.
“(b) 10 15 20 “(2) Subsection (1) does not apply to the amendment or revoca- tion of an import health standard if a chief technical officer considers that— “(a) the standard needs to be amended or revoked urgently; 25 or a proposed amendment is minor.

“(b) “(2) However, if a chief technical officer considers that the standard needs to be amended or revoked urgently or that a proposed amendment is minor, the officer is not required to comply with 30 section 23(3).
“Suspension “(3) Subsections (4) and (5) apply if a chief technical officer be- lieves on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an 35 import health standard to no longer enable the purposes of this Part to be achieved.

32 Biosecurity Law Reform Bill Part 1 cl 20 “(4) The officer may recommend to the Director-General the sus- pension of the standard.
“(5) After receiving the officer’s recommendation, the Director- General may suspend the standard.

“Reinstatement “(6) Subsections (7) and (8) apply if a chief technical officer be- lieves on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a suspended import health standard to again enable the purposes of this Part to be achieved.

“(7) The officer may recommend to the Director-General the rein- statement of the standard.
“(8) After receiving the officer’s recommendation, the Director- General may reinstate the standard.

5 10 “24C Publication “(1) The Director-General must maintain a register of current im- 15 port health standards.

“(2) The register must be available for the public to read free of charge— “(a) at the office of the Director-General during normal of- 20 fice hours; or “(b) on an internet site maintained by or on behalf of the Ministry.
“24D Compliance “Post-clearance requirements 25 “(1) A person to whose goods post-clearance requirements in a standard an import health standard apply must— “(a) take all reasonable steps to ensure that the goods comply with the requirements; and “(b) provide an inspector with a declaration in an approved 30 form setting out the steps taken to comply with the re- quirements, if the inspector requires the person to do so.
if required by an inspector, do the following: “(i) provide the inspector with a declaration in an ap- proved form setting out the steps taken to comply 35 with the requirements; and “(b) 33 Part 1 cl 20 Biosecurity Law Reform Bill “(ii) provide the inspector with the declaration in an approved manner.

“Permits “(2) The Director-General may issue a permit that a standard spe- cifies as a requirement if the Director-General considers it ap- 5 propriate to do so.
“Craft risk management standards “24E Meaning of craft risk management standard “(1) A craft risk management standard specifies requirements to be met for the effective management of risks that— “(a) are associated with the entry of craft into New Zealand territory; and are not already covered by, or are not suitable to be covered by, an import health standard.
“(b) “(2) A craft risk management standard— “(a) must specify the class or description of craft to which it applies: 10 15 “(b) may specify the class or description of activity to which it applies.

“(3) A craft risk management standard must specify that— 20 “(a) “(b) “(c) it applies to the risks specified in the standard; or it applies to all risks except those managed under an- other enactment; or it applies to all risks.
“(4) A craft risk management standard may specify requirements 25 entering New Zealand territory: arriving in New Zealand: for craft— “(a) “(b) “(ba) arriving in the EEZ: “(c) while they remain in New Zealand territory.
30 “(5) A craft risk management standard may specify requirements in any appropriate manner, including, but not limited to, 1 or more of the following: “(a) measures to be applied: “(b) evidence or information to be provided about the meas- 35 ures: 34 Biosecurity Law Reform Bill Part 1 cl 20 “(c) a statement of the outcome to be achieved and the criteria to determine whether the outcome has been achieved.
“(6) A craft risk management standard may specify— “(a) “(b) “(c) information that must be provided to the Director-Gen- 5 eral: the period before the craft’s arrival in New Zealand by which the information must be provided: the form of a declaration and manner in which the in- formation must be provided.
10 “24F From draft to recommendation “(1) A chief technical officer begins the process of making a craft risk management standard by analysing or assessing the risks associated with a class or description of craft.

If the officer considers that a standard could assist in effect- 15 ively managing the risks, the officer may draft a proposed standard.
“(2) “(3) The chief technical officer must consult the following persons about the draft standard: “(a) the chief executive of every department whose respon- 20 sibilities for natural resources or human health may be adversely affected by it; and any other persons the chief technical officer considers to be representative of the classes of persons having an interest in it.
25 “(b) “(4) In the course of developing the version of the standard for recommendation to the Director-General, the officer— “(a) must have regard to the matters raised by the persons consulted; and “(b) must have regard to the following matters in relation to 30 craft of the class or description proposed for coverage by the standard: “(i) the likelihood that the craft will import organisms into New Zealand territory: the nature of the organisms that the craft may 35 import into New Zealand territory: “(ii) “(iii) the possible effect on human health, the New Zealand environment, and the New Zealand 35 Part 1 cl 20 Biosecurity Law Reform Bill economy of the organisms that the craft may import into New Zealand territory: “(iv) New Zealand’s obligations under international agreements; and “(c) must have regard to the following matters in relation to 5 craft of the class or description proposed for coverage by the standard and the requirements proposed for in- clusion in the standard: “(i) the extent to which the requirements reduce or manage the likelihood of adverse effects from 10 organisms that may be imported in or on the craft: the extent to which the requirements reduce or manage the impacts of adverse effects from or- ganisms that may be imported in or on the craft; and 15 “(ii) “(d) may have regard to the following matters in relation to craft of the class or description proposed for coverage by the standard and the requirements proposed for in- clusion in the standard: “(i) the direct cost of the requirements on owners or 20 operators, or the persons in charge, of craft: the direct cost of the requirements on the govern- ment Crown: “(ii) “(iii) other economic factors involved in implementing “(iv) the requirements: technical and operational factors involved in im- plementing the requirements; and “(g) may have regard to any other matters that the officer considers relevant to achieving the purpose of this Part.
25 “(5) The officer then recommends to the Director-General that the 30 Director-General issue the standard.

“24G Issue After receiving the officer’s recommendation under section 24F(5), the Director-General must— “(a) make a decision on the issue of a standard; and “(b) if the decision is to issue the standard, make a decision on the date on which the standard is to come into force.
35 36 Biosecurity Law Reform Bill Part 1 cl 20 “24G Issue “(1) After receiving the officer’s recommendation under section 24F(5), the Director-General must decide whether or not to issue a standard.

If the Director-General decides to issue a standard, he or she 5 must— “(a) decide on the date on which the standard is to come into force; and issue the standard with the date in it.
“(2) “(b) “24H Amendment, revocation, suspension, and reinstatement 10 “Amendment and revocation “(1) Sections 24F and 24G apply, to the extent to which they are “(b) relevant and reading in any necessary modifications, to— “(a) proposed amendments to a craft risk management standard: a proposal to revoke a craft risk management standard.
“(2) Subsection (1) does not apply to the amendment or revoca- tion of a craft risk management standard if a chief technical officer considers that— “(a) the standard needs to be amended or revoked urgently; 20 or a proposed amendment is minor.

“(b) 15 “(2) However, if a chief technical officer considers that the standard needs to be amended or revoked urgently or that a proposed amendment is minor, the officer is not required to comply with 25 section 24F(3).
“Suspension “(3) Subsections (4) and (5) apply if a chief technical officer be- lieves on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a 30 craft risk management standard to no longer enable the pur- poses of this Part to be achieved.

“(4) The officer may recommend to the Director-General the sus- pension of the standard.

“(5) After receiving the officer’s recommendation, the Director- 35 General may suspend the standard.
37 Part 1 cl 20 Biosecurity Law Reform Bill “Reinstatement “(6) Subsections (7) and (8) apply if a chief technical officer be- lieves on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a suspended craft risk management standard to again enable the 5 purposes of this Part to be achieved.

“(7) The officer may recommend to the Director-General the rein- statement of the standard.
“(8) After receiving the officer’s recommendation, the Director- General may reinstate the standard.

“24I Publication “(1) The Director-General must maintain a register of current craft risk management standards.

“(2) The register must be available for the public to read free of charge— “(a) at the office of the Director-General during normal of- fice hours; or “(b) on an internet site maintained by or on behalf of the Ministry.
“24J Compliance 10 15 20 An operator, or the person in charge, of a craft to which a craft risk management standard applies must— “(a) take all reasonable steps to comply with the standard; and “(b) provide an inspector with a declaration in an approved 25 form setting out the steps taken to comply with the standard, if the inspector requires the person to do so.
if required by an inspector, do the following: “(i) provide the inspector with a declaration in an ap- proved form setting out the steps taken to comply 30 with the standard; and “(b) “(ii) provide the inspector with the declaration in an approved manner.
“24K Craft risk management plans “(1) This section applies if a person— 35 38 Biosecurity Law Reform Bill Part 1 cl 20 “(a) is an owner or an operator, or the person in charge, of a craft; and “(b) wants to operate under a craft risk management plan containing requirements that are equivalent to but dif- ferent from those specified in the applicable craft risk 5 management standard.

“(2) The person must— “(a) make the plan; and “(b) submit it to the Director-General for approval.
“(3) The Director-General may approve the plan if satisfied that the 10 risks can be managed under the plan to the same extent as, or a greater extent than, they can be managed under the applicable craft risk management standard.

“(4) The Director-General must include in the approval of the plan a statement of the class or description of activity to which it 15 applies.

“(6) “(5) The Director-General may include in the approval of the plan a statement of the period for which the approval is valid.
If the Director-General ceases to be satisfied under subsec- tion (3), the Director-General may— “(a) withdraw the approval; or “(b) follow the following process: “(i) the Director-General informs the person of the aspects of the plan that have ceased to satisfy the Director-General; and the person may submit draft amendments to the Director-General; and “(ii) 20 25 “(iii) the Director-General may approve the draft amendments or require other amendments; and “(iv) whether or not the person submits draft amend- 30 ments to the Director-General, the Director-Gen- eral may withdraw approval of the plan if it is not amended to the Director-General’s satisfac- tion within a reasonable time.
“(7) Throughout the period that the plan has the approval of the 35 Director-General, a person who complies with the plan for an activity to which the plan applies does not have to comply 39 Part 1 cl 22 Biosecurity Law Reform Bill also with the applicable craft risk management standard for the activity.
“(8) An operator, or the person in charge, of a craft to which a craft risk management plan applies must— “(a) comply with the plan; and “(b) provide an inspector with a declaration in an approved form setting out the steps taken to comply with the plan, if the inspector requires the person to do so.
if required by an inspector, do the following: “(i) “(b) provide the inspector with a declaration in an ap- 10 proved form setting out the steps taken to comply with the plan; and 5 “(ii) provide the inspector with the declaration in an approved manner.” 22 Goods to be cleared for entry into New Zealand Section 25(2) and (3) are repealed and the following subsec- tions substituted: “(2) A person may cause or permit uncleared goods that are in a transitional facility or biosecurity control area to leave the fa- cility or area only if subsection (3) or (4) applies.
“(3) Uncleared goods that are in a transitional facility or biosecurity control area may leave the facility or area to be exported from New Zealand, if an inspector authorises their export.

“(4) Uncleared goods that are in a transitional facility or biosecur- 15 20 ity control area may leave the facility or area if an inspector 25 authorises their movement to another transitional facility or biosecurity control area or a containment facility.
“(5) An authorisation may— “(a) “(b) “(c) specify how the goods must be moved: specify a time period within which the goods must be 30 moved: specify how the goods must be dealt with at their des- tination.

“(6) An authorisation may impose conditions.


“(7) An authorisation may be given to— a facility operator: “(a) 35 40 Biosecurity Law Reform Bill Part 1 cl 24 “(b) “(c) “(d) “(e) a person in charge of the goods in any capacity at a particular time: another person in charge of the goods in any capacity at the same or a later time: a person in possession of the goods at a particular time: 5 another person in possession of the goods at the same or a later time.
“(8) A person to whom an inspector gives an authorisation must— “(a) “(b) “(c) act within its terms; and take all reasonable steps to communicate its terms to all 10 other persons who come into possession or control of the goods before they are cleared given a biosecurity clearance; and take all other reasonable steps to ensure that other per- sons act within its terms.
15 “(9) A person who comes into possession or control of the goods before they are cleared given a biosecurity clearance and has had the terms of the authorisation communicated under sub- section (8)(b) must act within the terms.” 23 Section 26 substituted Section 26 is repealed and the following section substituted: 20 “26 Clearances by inspectors “(1) An inspector must not give a clearance for the entry into New Zealand of goods contrary to section 27 but may give a clear- ance if satisfied as required by section 27.
“(2) An inspector must not give a clearance for the entry into New Zealand of goods contrary to section 28.” 24 Sections 27 and 27A substituted Section 27 is repealed and the following sections are substi- tuted: “27 Requirements for clearances “(1) An inspector must not give a clearance for goods unless satis- fied— “(a) “(b) that the goods are not risk goods; or that— 25 30 35 41 Part 1 cl 24 Biosecurity Law Reform Bill “(i) the goods are of a kind that would not usually be considered as risk goods; and “(ii) on or after arrival in New Zealand, the goods may have harboured or contained a harmful organism; and 5 “(iii) a chief technical officer has issued guidelines, or given directions, on measures that may be ap- plied to manage the risks from the organism ef- fectively; and the measures have been properly applied; or 10 “(c) “(iv) that— “(i) “(ii) “(d) that— “(i) “(ii) the goods are goods to which an import health standard applies; and the goods comply with the pre-clearance require- ments in the standard requirements in the stand- 15 ard for receiving a clearance; or the goods are goods to which an import health standard applies; and the goods do not comply with the pre-clearance 20 requirements in the standard requirements in the standard for receiving a clearance; and “(iii) a chief technical officer has issued guidelines, or given directions, on measures, different from those in the standard, that may be applied to man- 25 age effectively risks of the kind arising from the non-compliance; and the measures have been properly applied.
“(iv) “(2) An inspector satisfied as required by subsection (1) must not give a clearance for goods if he or she is aware of any 30 of the following that makes it unwise for them to be given a clearance: “(a) “(b) circumstances or documents associated with the goods: circumstances or documents associated with the import- ation of the goods: circumstances or documents associated with the craft on which the goods were imported.
35 “(c) 42 Biosecurity Law Reform Bill Part 1 cl 24 “(3) The Director-General must ensure that the following informa- tion is available on an internet site maintained by or on behalf of the Ministry: “(a) “(b) the guidelines and directions referred to in subsection (1)(b)(iii) and (d)(iii): the following details about decisions to give a clearance to goods under subsection (1)(d): “(i) “(ii) the goods given clearance; and the nature of the non-compliance with the pre- clearance requirements in an applicable import 10 health standard; and 5 “(iii) the reasons for giving the clearance.
“27A Post-clearance conditions on clearances “(1) An inspector who gives a biosecurity clearance under section 26 may impose post-clearance conditions on the goods.

“(2) The inspector may impose only such conditions as are ap- proved by a chief technical officer specifically or generally.

“(3) A chief technical officer must not approve conditions that are inconsistent with relevant post-clearance requirements of an applicable import health standard.
“(4) The conditions may,— “(a) on the use of the goods, specify— the use to which they must be put; or “(i) “(ii) the restrictions or conditions on their use: specify the use to which the goods must be put: “(a) “(aaa) specify the restrictions or conditions on the use of the 15 20 25 goods: “(b) “(c) “(aa) specify how long a restriction or condition lasts by ref- erence to a period of time, a date, or an event: specify how the goods must be managed or disposed of: 30 specify the place or area within which the goods must be kept, managed, or used: require notification of a change in circumstances that affects the goods: require reporting to an inspector or another specified 35 person in specified circumstances on specified matters: “(d) “(e) 43 Part 1 cl 25 Biosecurity Law Reform Bill “(g) deal with any other matters reasonably necessary for the effective management of the risks associated with the goods.” 25 Section 28B substituted Section 28B is repealed and the following section substituted: 5 “28B Biosecurity clearance for certain new organisms and qualifying organisms Section 28 does not apply to organisms approved under the following sections of the Hazardous Substances and New Or- ganisms Act 1996: “(a) “(b) “(c) “(d) “(e) section 38BA: section 38C: section 38I: section 48: section 49F.” 10 15 26 Uncleared imports Section 30(1) is repealed and the following subsections are substituted: “(1) An inspector may require a person arriving in New Zealand to surrender to an inspector uncleared imported goods that are 20 risk goods that the person has in his or her possession or under his or her control.
“(1A) The purpose for which the inspector may exercise the power in subsection (1) is to enable the goods to be disposed of under this Act.
25 “(1B) An inspector may require a person arriving in New Zealand to make a declaration about 1 or more of the following in a manner specified by the inspector: “(a) “(b) “(c) “(d) “(e) “(f) “(g) the person’s name: the person’s date of birth: the person’s nationality: the person’s country of birth: the person’s occupation: the person’s passport number: any evidence of identity that the person has that is not a 35 passport: 30 44 Biosecurity Law Reform Bill Part 1 cl 27 the person’s residential address and contact details: “(h) “(i) where and when the person has travelled before and where and when the person will travel in future: “(j) whether the person has goods of a kind specified in the “(k) declaration in his or her possession, including as part of 5 his or her personal effects or baggage: the place where goods of a kind specified in the declar- ation were acquired: “(l) the origin of goods of a kind specified in the declaration: “(m) details of the flight or voyage on which the person ar- 10 rived in New Zealand.” 27 Processing unaccompanied goods Section 30A(2) and (3) are repealed and the following subsec- tions substituted: “(2) An inspector may enter a transitional facility or biosecurity 15 control area for the purposes of subsection (1), but must do so— “(a) “(b) at a reasonable time or times; and in the manner required by section 112.
“(3) Subsections (4) to (9) apply to goods in a transitional facility 20 or biosecurity control area that— “(a) “(b) “(c) “(d) are risk goods; or contain risk goods; or are unauthorised goods; or contain unauthorised goods.

25 “(4) A chief technical officer may give directions that— “(a) may apply to the particular goods or to goods of their kind: “(b) may be about disposal, treatment, or any other dealing: “(c) must be reasonable.

30 “(5) A person to whom the directions are given must comply with them.
“(6) A chief technical officer may offer the importer or owner of the goods the option of exporting the goods or returning them to their place of origin at the importer’s or owner’s expense.
35 “(7) A chief technical officer may— 45 Part 1 cl 28 Biosecurity Law Reform Bill “(a) “(b) permit the goods to be held in the Director-General’s custody for as long as is necessary for the importer to obtain a biosecurity clearance: require payment in advance of the estimated costs and expenses of the custody and maintenance of the goods.
5 “(8) A chief technical officer exercising powers under any of sub- sections (4), (6), or (7) must, as far as practicable, act in a manner that is consistent with avoiding or minimising loss to the importer or owner of the goods while achieving the pur- pose of this Part.
If the goods in a transitional facility or biosecurity control area are an endangered species, as defined in section 3 of the Trade in Endangered Species Act 1989, a chief technical offi- cer must— “(a) “(9) consult the Director-General of Conservation about the 15 disposal of the goods; and 10 “(b) dispose of the goods as the chief technical officer thinks fit.” 28 Boarding of craft Section 31(1) is amended by repealing paragraph (d) and sub- 20 stituting the following paragraphs: “(d) by all reasonable means, facilitate the boarding of the “(e) craft by an inspector; and by all reasonable means, facilitate the inspection of the craft, including the outside of the hull its exterior sur- 25 faces, by an inspector.” 28A Risk goods on board craft (1) Section 33(1) is amended by inserting “or attached to the out- side of” after “on board”.
Section 33(2)(b) is amended by omitting “and destroy” and 30 substituting “, destroy, or deal with”.

Section 33(3) is amended by inserting “or attached to the out- side of” after “on board” in each place where it appears.
(2) (3) 46 Biosecurity Law Reform Bill Part 1 cl 29 29 Sections 35 and 35A substituted Section 35 is repealed and the following sections are substi- tuted: “35 Duties of persons in biosecurity control areas “(1) A person in a biosecurity control area must answer all ques- 5 tions asked by an inspector about— the person’s identity: “(a) the person’s residential address and contact details: “(b) the presence, nature, origin, or itinerary of goods in the “(c) person’s possession or under his or her immediate con- 10 trol: any other matter on which the inspector requires infor- mation.
“(d) “(2) The purpose for which the inspector may ask for information under subsection (1)(d) is to exercise a power or carry out a 15 function or duty under this Part.

“(3) A person in a biosecurity control area must, if asked to do so by an inspector, provide the inspector with the person’s passport or any evidence of identity that the person has that is not a passport.
20 “(4) An inspector to whom a passport or evidence of identity is provided under subsection (3)— “(a) may take a copy; and “(b) may keep the copy for a lawful purpose; and “(c) must return the passport or evidence immediately 25 after— “(i) “(ii) inspecting it; or inspecting and copying it.

“(5) A person in a biosecurity control area must, if asked to do so by an inspector, make available to an inspector goods in the 30 person’s possession or under his or her immediate control.
“(6) The purpose for which an inspector may make a request under subsection (5) is to enable an inspector to examine the goods to ascertain whether or not risk goods are present.

“(7) A person in a biosecurity control area must comply with a 35 reasonable direction of an inspector in relation to risk goods.
47 Part 1 cl 29 Biosecurity Law Reform Bill “35A Duty of persons to remain in biosecurity control areas “(1) This section applies to a person in a biosecurity control area who has arrived in New Zealand.
“(2) The person must remain in the area until the person’s arrival in New Zealand is processed by the taking of whichever of the 5 following steps are relevant: “(a) consideration by an officer authorised under the Act of the applicability to the person of powers or duties in the Act: a request by an inspector that an officer not present at the 10 area consider exercising a particular power, or carrying out a particular duty, in the Act that the inspector con- siders— “(i) may be applicable to the person; and “(ii) may not be exercised or carried out by an officer 15 present; and “(iii) may be exercised or carried out by the officer to whom the request is made: the lapse of time following the request that is reasonable to allow a response from the officer to whom the request 20 is made: the exercise of a particular power, or the carrying out of a particular duty, in the Act in response to the request if the requested officer decides to exercise the power or carry out the duty: the exercise, as far as practicable, in the area of the powers under the Act that are required to be exercised in the area: the carrying out, as far as practicable, in the area of the duties under the Act that are required to be carried out 30 in the area: compliance by the person with all obligations imposed on him or her under the Act relating to his or her arrival in New Zealand.
25 “(b) “(c) “(d) “(e) “(f) “(g) “(3) An inspector may direct a person to comply with the person’s 35 duties under this section.

“Definition for this section In this section, Act means the Customs and Excise Act 1996 or the Immigration Act 2009.” “(4) 48 Biosecurity Law Reform Bill Part 1 cl 30A 30 Movement of risk goods Section 36 is amended by omitting “or wants to move”.
30AA Approval of arrival of craft at port not approved as place of first arrival Section 37A(1) and (2) are repealed and the following subsec- 5 tions substituted: “(1) A person may request the Director-General’s approval for the arrival of a craft at a port that is not approved under section 37 as a place of first arrival for— “(a) “(b) any craft; or craft of the kind or description of the craft to which the request relates; or craft arriving for the purpose that the craft to which the request relates is arriving for.
“(c) 10 “(2) The Director-General may approve the arrival of the craft at 15 the port if he or she is satisfied that imposing conditions on the arrival of the craft at the port can manage the risks associated with— “(a) “(b) the importation of risk goods; and the entry of the craft into New Zealand territory.
20 “(2A) The Director-General may give his or her approval subject to the necessary conditions.” 30A New section 38 substituted Section 38 is repealed and the following section substituted: Importers’ records “38 “(1) An importer must keep records about goods the importer in- tends to import or imports, in accordance with regulations that may specify— “(a) 25 the class or description of importer who must keep the records, which may be a class or description that is nar- 30 rower than the definition of importer in section 2A: the class or description of goods about which records must be kept: the class or description of records that must be kept: the manner in which the records must be kept: the period for which the records must be kept.
35 “(b) “(c) “(d) “(e) 49 Part 1 cl 31 Biosecurity Law Reform Bill “(2) The importer must make the records available to an inspector if an inspector requires them to be made available during the period that the importer must keep them.” 31 (1) (2) Approval of transitional facilities and containment facilities The heading of section 39 is repealed and the heading Ap- proval and cancellation of approval of transitional facil- ities and containment facilities substituted.
Section 39(1) is repealed and the following subsections are substituted: 5 10 “(1) The Director-General may approve standards for building, maintaining, or operating transitional facilities.

“(1A) The Director-General must consult ector-General considers representative of persons likely to have an interest in a proposed standard 15 before approving the standard.” the persons the Dir- the classes of (2A) Section 39(2) is amended by inserting “and manner” after (3) “form”.
Section 39 is amended by inserting the following subsection subsections after subsection (3): 20 “(3A) The Director-General may approve the place as a transitional facility on conditions that the Director-General considers ne- cessary or desirable.
“(3B) The Director-General may amend conditions in an approval, remove conditions from an approval, or add conditions to an 25 approval when he or she considers it necessary or desirable to do so.” Section 39(7) is amended by omitting “operator of a transi- tional facility, or a containment facility” and substituting “fa- cility operator”.

30 Approval of facility operators The heading of section 40 is repealed and the heading Ap- proval and cancellation of approval of facility operators substituted.
(4) 32 (1) (1A) Section 40(1) is amended by inserting “and manner” after 35 “form”.

50 Biosecurity Law Reform Bill Part 1 cl 32 (2) Section 40(3) is repealed and the following subsections are substituted: “(3) The Director-General must consider every application made under subsection (1).
“(3A) In considering an application, the Director-General may take 5 the matters in subsection (3B) into account in relation to— “(a) “(b) “(c) the applicant: a person involved in the management of the applicant: an organisation of which the applicant is or was a dir- ector or manager.
10 “(3B) The matters are— “(a) “(b) “(c) “(d) a serious or repeated failure to comply in the past with a duty imposed by this Act on a facility operator: a conviction for an offence against this Act, the Customs and Excise Act 1996, the Hazardous Substances and 15 New Organisms Act 1996, or any other enactment that regulates the importation of goods: a conviction in New Zealand or another country for an offence relating to fraud or dishonesty: a conviction in New Zealand or another country for an 20 offence relating to a business of a kind that is regulated under this Act or any other enactment administered by the Ministry and involving— “(i) management control in New Zealand or another country: “(ii) business activities in New Zealand or another country: “(e) any circumstances that could lead to a failure to comply in the future with a duty imposed by this Act on a facility operator.
“(3C) The Director-General may approve the applicant as a facility operator if satisfied that the applicant— “(a) is a fit and proper person to be the operator of the tran- sitional facility or containment facility specified in the application; and is able to comply with the operating standards for the facility.
“(b) “(3D) The Director-General may approve the applicant as a facility operator— 51 25 30 35 Part 1 cl 33 Biosecurity Law Reform Bill “(a) on the condition that the operator will comply with ap- plicable standards; and “(b) on any other conditions that the Director-General con- siders necessary or desirable.
“(3E) The Director-General may amend conditions in an approval, 5 remove conditions from an approval, or add conditions to an approval when he or she considers it necessary or desirable to do so.” Section 40(4) is amended by inserting “and whether or not the Director-General has suspended the person’s approval under 10 section 40D,” after “to a person,”.
Section 40(6) is repealed and the following subsection substi- tuted: (3) (4) “(6) A facility operator must comply with— “(a) “(b) “(c) all the conditions of the facility approval and the oper- 15 ator approval; and all directions given by an inspector relating to goods held at the facility; and all restrictions relating to the release of goods held at the facility communicated to the operator by an inspector.” 20 33 New sections 40A to 40F inserted The following sections are inserted after section 40: “40A Suspension of facility approval “(1) The Director-General may suspend an approval given under section 39 if the Director-General has reasonable grounds to 25 believe that an applicable standard has not been complied with.
“(2) The maximum period of the suspension is 3 months.

“(3) The Director-General may extend the period of a suspension if the Director-General has reasonable grounds to believe that the non-compliance with the applicable standard has not been 30 rectified.

“(4) The period of extension must not exceed 3 months.
“(5) The Director-General must lift a suspension or extension be- fore its period ends if the Director-General has reasonable grounds to believe that the non-compliance occasioning the 35 suspension has been rectified.

52 Biosecurity Law Reform Bill Part 1 cl 33 “(6) In exercising a power under subsections (1) to (5), the Dir- ector-General must observe the rules of natural justice.

“(7) The maximum total period of suspension under this section is 6 months.
“(8) At the end of the maximum total period of suspension, the Dir- 5 ector-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance oc- casioning the suspension has not been rectified.

“40B Notice requirements “(1) If the Director-General suspends an approval under section 10 40A(1), the Director-General must give written notice to the facility operator.

“(2) The Director-General must give the notice before the suspen- sion takes effect.
“(3) The notice must specify— 15 “(a) “(b) “(c) “(d) the reason for the suspension; and the period of the suspension; and the date on which, or the date and time at which, the suspension starts; and the steps to be taken to enable the suspension to be 20 lifted.

“(4) If the Director-General extends the period of suspension under section 40A(3), the Director-General must give written no- tice to the facility operator.
“(5) The Director-General must give the notice before the expiry 25 of the original suspension.

“(6) The notice must specify— “(a) “(b) “(c) “(d) the reason for the extension; and the period of the extension; and the date on which, or the date and time at which, the 30 extension starts; and the steps to be taken to enable the extension to be lifted.
“40C Effect of suspension and extension “(1) When a suspension or extension is imposed under section 40A, the Director-General, a chief technical officer, or an in- 35 spector may give reasonable directions as to the disposal of, 53 Part 1 cl 33 Biosecurity Law Reform Bill treatment of, or any other dealing with the goods held at the facility.

“(2) The suspension or extension does not affect any other actions that the Director-General, a chief technical officer, or an in- spector may take under this Act.
5 “40D Suspension of operator approval “(1) The Director-General may suspend an approval given under section 40 if the Director-General has reasonable grounds to believe that— “(a) the facility operator has not complied with section 10 40(6); or the facility operator has committed an offence under section 154M(18).

“(b) “(2) The maximum period of the suspension is 3 months.
“(3) The Director-General may extend the period of a suspension 15 if the Director-General has reasonable grounds to believe that the conduct occasioning the suspension has not been rectified.

“(4) The period of extension must not exceed 3 months.

“(5) The Director-General must lift a suspension or extension be- fore its period ends if the Director-General has reasonable 20 grounds to believe that the conduct occasioning the suspen- sion has been rectified.
In exercising a power under subsections (1) to (5), the Dir- ector-General must observe the rules of natural justice.

“(6) “(7) The maximum total period of suspension under this section is 25 6 months.

“(8) At the end of the maximum total period of suspension, the Dir- ector-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance oc- casioning the suspension has not been rectified.
30 “40E Notice requirements “(1) If the Director-General suspends an approval under section 40D(1), the Director-General must give written notice to the facility operator.

“(2) The Director-General must give the notice before the suspen- 35 sion takes effect.
54 Biosecurity Law Reform Bill Part 1 cl 35 “(3) The notice must specify— “(a) “(b) “(c) “(d) the reason for the suspension; and the period of the suspension; and the date on which, or the date and time at which, the suspension starts; and the steps to be taken to enable the suspension to be lifted.

5 “(4) If the Director-General extends the period of suspension under section 40D(3), the Director-General must give written no- tice to the facility operator.
10 “(5) The Director-General must give the notice before the expiry of the original suspension.

“(6) The notice must specify— “(a) “(b) “(c) “(d) the reason for the extension; and the period of the extension; and the date on which, or the date and time at which, the extension starts; and the steps to be taken to enable the extension to be lifted.
15 “40F Effect of suspension and extension “(1) When a suspension or extension is imposed under section 20 40D, the Director-General, a chief technical officer, or an in- spector may give reasonable directions as to the disposal of, treatment of, or any other dealing with the goods held at the facility.
“(2) The suspension or extension does not affect any other actions 25 that the Director-General, a chief technical officer, or an in- spector may take under this Act.” 34 35 Purpose of Part 4 Section 42 is amended by omitting “strategies” from each place where it appears and substituting “plans or pathway 30 management plans” in each place.

Notifiable organisms Section 45(3) is amended by omitting “strategy” and substi- tuting “plan”.
55 Part 1 cl 36 Biosecurity Law Reform Bill 36 (2) (3) 37 Communication of pest or notifiable unwanted organism Section 52(a) is amended by omitting “strategy” and substitut- ing “plan”.

Section 52(c) is amended by omitting “Minister.” and substi- tuting “Minister; or”.
5 Parts 5 and 5A substituted Part 5 is omitted and the following Parts are substituted: “Part 5 “Pest management “54 Purpose of this Part 10 The purpose of this Part is to provide for the eradication or effective management of harmful organisms that are present in New Zealand by providing for— “(a) the development of effective and efficient instruments and measures that prevent, reduce, or eliminate the ad- 15 verse effects of harmful organisms on economic well- being, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their an- cestral lands, waters, sites, wāhi tapu, and taonga; and the appropriate distribution of costs associated with the instruments and measures.
20 “(b) “55 Responsible Minister may assign responsibility for decisions “(1) The responsible Minister may assign responsibility for a deci- 25 sion on the appropriate response to an issue relating to a harm- ful organism or pathway.

“(2) The process for the Minister to assign responsibility must be set out in regulations.
If the Minister assigns responsibility to a department or re- 30 gional council,— “(a) the Minister may specify a time within which the deci- sion must be made; and the Minister may extend the time if the Minister consid- ers that exceptional circumstances exist justifying the 35 extension; and “(b) “(3) 56 Biosecurity Law Reform Bill Part 1 cl 37 “(c) the department or regional council must make the deci- sion within the time or extended time.
“Policy direction “56 Responsible Minister provides leadership through national policy direction 5 “(1) The responsible Minister must make a national policy direc- tion.

It is to be the only national policy direction, but it may be amended or revoked and replaced.
“Purpose “(2) The purpose of the national policy direction is to ensure that 10 activities under this Part provide the best use of available re- sources for New Zealand’s best interests and align with one another, when necessary, to contribute to the achievement of the purpose of this Part.

“Good neighbour rules “(3) The national policy direction must contain directions on the setting of good neighbour rules in regional pest management plans.
“Timing requirements for determination under section 100AA(3) “(3A) The national policy direction must contain directions on the time within which the Minister or council must make a deter- mination under section 100AA(3).
15 20 “Directions “(4) The national policy direction may include directions on— 25 “(a) “(b) “(c) the process for making plans or small-scale manage- ment programmes: the content of plans or small-scale management pro- grammes: any other matter that the responsible Minister considers 30 necessary.
“(4A) The following are examples of the matters on which directions may be given: “(a) the circumstances in which it is or is not appropriate to use plans or small-scale management programmes: 35 57 Part 1 cl 37 Biosecurity Law Reform Bill “(e) “(c) “(d) “(b) “(h) “(f) “(g) small-scale management pro- 10 the development of plans or small-scale management programmes: the implementation of plans or small-scale management programmes: the monitoring of plans or small-scale management pro- 5 grammes: the review of plans or small-scale management pro- grammes: the relationship of plans with one another: the relationship of grammes with one another: the relationship between plans and small-scale manage- ment programmes: the achievement of appropriate consistency between plans and instruments under other enactments: the achievement of appropriate consistency between small-scale management programmes and instruments under other enactments: the transitional arrangements that are necessary for plans or small-scale management programmes to con- 20 form with the national policy direction.
“(5) Before including a direction under subsection (4), the Min- ister must have regard to the extent to which the direction is likely to— “(a) “(k) “(i) “(j) 15 achieve the purpose of this Part and of the national pol- 25 icy direction: affect the flexibility of instruments or measures under this Part: affect the timeliness of decisions made under this Part: improve national consistency among instruments made 30 under this Part: affect the accountability of decision-makers, including the accountability of local decision-makers to their communities of interest: affect any other matter that the Minister considers rele- 35 vant.
“(b) “(c) “(d) “(f) “(g) 58 5 10 15 Biosecurity Law Reform Bill Part 1 cl 37 “57 Process for making national policy direction “(1) The responsible Minister must prepare a proposed national policy direction (proposal).
“(2) After preparing the proposal, the Minister must establish, and then use, a process that— “(a) the Minister is satisfied gives adequate time and oppor- tunity to the following to make a submission on the pro- posal: “(i) management agencies; and “(ii) the rest of the public; and requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the proposal.

“(b) “(3) When the Minister receives the report and recommendations, the Minister must consider them.
“(3A) If the Minister does not accept a recommendation, the Min- ister must publish the Minister’s reasons on an internet site maintained by or on behalf of the Ministry.

“(4) The Minister may then— “(a) make changes that the Minister considers appropriate to 20 the proposal or decide to make no changes to it; or “(b) withdraw all or part of the proposal and publish the withdrawal, and the reasons for it, on an internet site maintained by or on behalf of the Ministry.
“(5) When the Minister has made appropriate changes to the pro- 25 posal or decided to make no changes to it, the Minister must recommend the approval of the national policy direction to the Governor-General in Council.

“(6) The Governor-General in Council may approve the national policy direction.
30 “(7) As soon as practicable after the Governor-General in Coun- cil has approved the national policy direction, the Minister must— “(a) publish a notice in the Gazette stating that the direction has been approved Governor-General has approved the 35 direction and the date on which the Governor-General approved it; and 59 Part 1 cl 37 Biosecurity Law Reform Bill “(b) publicly notify the direction in whatever form he or she “(c) thinks appropriate; and send a copy of the direction to every management agency and regional council.
“(8) The national policy direction— 5 “(a) “(b) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
“58 Process for amending or revoking and replacing national 10 “(1) “(2) policy direction If the national policy direction is to be amended in a way that the Minister considers would materially alter the direction, the Minister must— “(a) “(b) prepare the proposed amendment; and apply the process in section 57(2) to (7) to the pro- posed amendment.
If the national policy direction is to be amended in a way that the Minister does not consider would materially alter the di- rection, the Minister must— “(a) “(b) publish a notice in the Gazette stating that the amend- approve the amendment; and “(c) “(d) ment has been approved; and publicly notify the amendment in whatever form he or she thinks appropriate; and send a copy of the amendment to every management agency and regional council.
15 20 25 “(3) If the national policy direction is to be revoked and replaced, the Minister must follow the process in section 57(1) to (7).

“(4) An amendment under subsection (1) or (2) or a replacement 30 direction under subsection (3)— “(a) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
35 “(b) 60 Biosecurity Law Reform Bill Part 1 cl 37 “Pest management plans “National pest management plans “59 Definitions for sections 60 to 66 For the purposes of sections 60 to 66,— “management agency means a management agency respon- 5 sible for implementing a national pest management plan “plan means a national pest management plan “proposal means a proposal for a national pest management plan “rule means a rule in a national pest management plan.
10 “60 Relationship of rules and plan with law “(1) To the extent to which a bylaw of a local authority is inconsist- ent with a rule applying to the same locality, the rule prevails.

If a plan imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs.
“(2) “61 Plan initiated by proposal First step: plan initiated by proposal “(1) The making of a plan is initiated by The first step in the making of a plan is a proposal made by— “(a) “(b) a Minister; or a person who submits the proposal to a Minister.
“(2) The proposal must set out the following matters: 15 20 “(a) “(b) the name of the person making the proposal: the subject of the proposal, which means— “(i) “(ii) the organism proposed to be specified as a pest 25 under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be spe- 30 cified as pests under the plan: “(c) for each subject,— a description of its adverse effects: “(i) the reasons for proposing a plan: “(ii) “(iii) the objectives that the plan would have: 35 61 Part 1 cl 37 Biosecurity Law Reform Bill “(iv) the principal measures that would be in the plan to achieve the objectives: “(v) other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed 5 measures are preferable as a means of achieving the objectives: the reasons why a national plan is more appropri- ate than a regional plan: “(vi) “(vii) an analysis of the benefits and costs of the pro- 10 posed plan: “(ix) “(viii) the extent to which any persons, or persons of a class or description, are likely to benefit from the proposed plan: the extent to which any persons, or persons of a 15 class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan: the rationale for the proposed allocation of costs: if it is proposed that the
 plan be funded by a levy 20 under section 100G, how the proposed levy sat- isfies section 100G(5)(d) and what matters will be specified under section 100I(1): “(x) “(xi) “(xii) whether any unusual administrative problems or costs are expected in recovering the costs allo- 25 cated to any of the persons whom the proposed plan requires plan would require to pay the costs: any other organism intended to be controlled: the effects that, in the opinion of the person making the proposal, implementation of the plan
 would have on— 30 economic wellbeing, the environment, human “(i) health, enjoyment of the natural environment, and the relationship between Māori, their cul- ture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: “(ii) the marketing overseas of New Zealand products: if the proposed plan would affect another pest manage- ment plan or a pathway management plan, how it is pro- posed to co-ordinate the implementation of the plans: 35 “(d) “(e) “(f) 62 Biosecurity Law Reform Bill Part 1 cl 37 “(g) “(h) “(i) “(j) “(k) “(l) “(m) “(n) 5 the powers in Part 6 that it is proposed to use to imple- ment the plan: each proposed rule and an explanation of its purpose: the rules whose contravention is proposed to be an of- fence under this Act: the management agency: the means by which it is proposed to monitor or measure the achievement of the plan’s objectives: the actions that it is proposed local authorities, local au- thorities of a specified class or description, or specified 10 local authorities may take to implement the plan, includ- ing contributing towards the costs of implementation: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the proposed plan: information on the disposal of the proceeds of any re- ceipts arising in the course of implementing the pro- posed plan: 15 “(na) whether or not the plan would apply to the EEZ and, if it would,
 whether it would apply to all of it or parts of 20 it and, if it would apply to parts, which parts: “(o) whether the proposed plan includes portions of road ad- joining land it covers, as authorised by section 6, and, if so, the portions of road proposed to be included: the anticipated costs of implementing the proposed 25 plan: “(p) “(q) how it is proposed that the costs be funded: “(r) “(s) the period for which it is proposed the plan be in force: the consultation, if any, that has occurred on the pro-
 posal and the outcome of it: “(sa) any matter that the national policy direction requires be “(t) specified in a plan: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any.
30 35 “61A Next steps “(1) The Minister may act under section 64 only if the Minister— is satisfied as described in subsections (2) to (4); and “(a) 63 5 10 15 20 Part 1 cl 37 Biosecurity Law Reform Bill “(2) “(b) has made the decision described in subsection (5).
If the proposal sets out a proposed rule that the Minister is disposed to accept, the Minister must be satisfied that the pro- posed rule— “(a) would assist in achieving the plan’s objectives; and “(b) would not trespass unduly on the rights of individuals.

“(3) The Minister must be satisfied of the general matters in sec- tion 62.

“(4) The Minister must be satisfied of the consultation matters in section 63.

“(5) The Minister must decide which body is to be the management agency, applying section 96.
“62 General matters “(2) The Minister must be satisfied that the proposal— “(a) “(b) “(c) is not frivolous or vexatious; and is clear enough to be readily understood; and is not inconsistent with the national policy direction; and “(d) has merit as a means of eradicating or effectively man- aging the subject of the plan, which means— “(i) the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to be specified as a pest under the plan or the classes 25 or descriptions of organisms proposed to be spe- cified as pests under the plan: “(ii) “(e) complies with section 61(2).
“(3) The Minister must be satisfied that each subject is capable of causing at some time an adverse effect on 1 or more of the 30 following in New Zealand: economic wellbeing: “(a) the viability of threatened species of organisms: “(b) the survival and distribution of indigenous plants or ani- “(c) mals: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity: “(d) 35 64 Biosecurity Law Reform Bill Part 1 cl 37 soil resources: “(e) “(f) water quality: “(g) human health: “(ga) social and cultural wellbeing: “(h) the enjoyment of the recreational value of the natural 5 environment: the relationship between Maori, their culture, and their traditions and their ancestral lands, waters, sites, waahi tapu, and taonga: animal welfare.
10 “(i) “(j) “(4) The Minister must be satisfied that, for each subject,— “(a) the benefits of the proposed plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and “(b) persons who are required, as a group, to meet directly 15 the costs of implementing the proposed plan— “(i) will accrue, as a group, benefits outweighing the “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed 20 to be resolved by the plan; and “(c) there is likely to be adequate funding for the implemen- tation of the proposed plan for the shorter of its pro- posed duration and 5 years.
“(5) The Minister must be satisfied that the implementation of the 25 proposed plan would not be contrary to New Zealand’s inter- national obligations.

“(6) The Minister must be satisfied that, if the Minister rejected a similar proposal within the last 3 years, new and material information is now available.
30 “(7) The Minister must be satisfied that, during the development of the proposal, the process requirements for a proposed plan in the national policy direction, if there were any, were complied with.
“63 Consultation matters “(1A) The Minister must be satisfied that, during the development 35 of the proposal,— 65 Part 1 cl 37 Biosecurity Law Reform Bill “(a) Ministers whose responsibilities may be affected by the “(b) proposed plan were consulted; and local authorities whose responsibilities may be affected by the proposed plan were consulted.
“(1B) The Minister must be satisfied that, if consultation with 5 “(1) tangata whenua or other persons was appropriate during the development of the proposal, sufficient consultation occurred.
In considering whether the Minister is satisfied as required by subsection (1B), the Minister must have regard to the fol- lowing: “(a) the scale of the impacts on persons who are likely to be affected by the proposal: “(b) whether the persons likely to be affected by the pro- posal or their representatives have already been con- sulted and, if so, the nature of the consultation: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
“(c) 10 15 “(2) Subsections (3) and (4) apply if the Minister is not satisfied as required by subsections (1A) and (1B).

“(3) The Minister may require consultation to be undertaken on the 20 “(4) proposal.
If the Minister requires consultation to be undertaken, the Min- ister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the proposal or with their representatives: the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the Minister: public notification of the proposal and the receipt of submissions.
“(b) “(c) “(5) The Minister must be satisfied that the Minister has considered the issues raised in all the consultation undertaken on the pro- posal.
66 25 30 35 “62 Biosecurity Law Reform Bill Part 1 cl 37 Second step: satisfaction on requirements If the Minister is satisfied that section 61 has been complied with, the Minister may take the second step in the making of a plan, which is to consider whether the Minister is satisfied— “(a) that the proposal is not inconsistent with the national 5 policy direction; and that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and that the proposal has merit as a means of eradicating or 10 effectively managing the subject of the proposal, which means— “(i) “(b) “(c) the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be spe- cified as pests under the plan; and 15 “(ii) “(d) that each subject is capable of causing at some time an 20 adverse effect on 1 or more of the following in New Zealand: economic wellbeing: “(i) “(ii) the viability of threatened species of organisms: “(iii) the survival and distribution of indigenous plants 25 “(iv) or animals: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity: “(v) soil resources: “(vi) water quality: “(vii) human health: “(viii) social and cultural wellbeing: “(ix) the enjoyment of the recreational value
 of the natural environment: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: “(x) “(xi) animal welfare; and 67 30 35 Part 1 cl 37 Biosecurity Law Reform Bill “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and that, for each subject, persons who are required, as a group, to
 meet directly any or all of the costs of imple- 5 menting the plan— “(i) would accrue, as a group, benefits outweighing “(ii) the costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed 10 to be resolved by the plan; and that, for each subject, there is likely to be adequate fund- ing for the implementation of the plan for the shorter of its proposed duration and 5 years; and that the implementation of the plan would not be con- 15 trary to New Zealand’s international obligations; and that each proposed rule— “(i) would assist in achieving the plan’s objectives; and “(ii) would not trespass unduly on the rights of indi- 20 viduals; and that the proposal is not frivolous or vexatious; and that the proposal is clear enough to be readily under- stood; and that, if the Minister rejected a similar proposal within 25 the last 3 years, new and material information answers the Minister’s objection to the previous proposal.
“63 Third step: satisfaction with consultation or requirement of more consultation If the Minister is satisfied of the matters in section 62, the 30 Minister may take the third step in the making of a plan, which is for the Minister to consider whether the Minister is satis- fied— “(a) that, if Ministers’ responsibilities may be affected by the plan, the Ministers have been consulted; and that, if local authorities’ responsibilities may be affected by the plan, the authorities have been consulted; and “(b) 35 “(1) 68 “(2) “(3) “(4) “(5) Biosecurity Law Reform Bill Part 1 cl 37 “(c) that, if consultation with tangata whenua or other per- sons is appropriate, sufficient consultation has occurred.
In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the fol- lowing: “(a) the scale of the impacts on persons who are likely to be affected by the plan; and 5 10 “(c) “(b) whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
If the Minister is satisfied as required by subsection (1), the Minister must apply section 64.

If the Minister is not satisfied as required by subsection (1), 15 the Minister may require consultation to be undertaken on the proposal.
If the Minister requires consultation to be undertaken, the Min- ister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such 20 as— “(a) consultation with persons likely to be affected by the plan or with their representatives: the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on 25 terms of reference set by the Minister: public notification of the proposal and the receipt of submissions.
“(b) “(c) “(6) After the consultation required by the Minister has been under- taken, the Minister must apply subsection (1) again.

30 “64 Contents of plan Fourth step: approval of preparation of plan and decision on management agency “(1) When the Minister has taken the steps described in section 61A, the Minister may approve the preparation of a plan.
If the Minister is satisfied as required by section 63(1) and 35 is satisfied that the issues raised in all the consultation under- taken on the proposal have been considered, the Minister may “(1) 69 Part 1 cl 37 Biosecurity Law Reform Bill take the fourth step in the making of a plan, which is to ap- prove the preparation of a plan.

“(1A) If the Minister approves the preparation of a plan, the Minis- ter must apply section 96 to decide which body is to be the management agency.
5 “Matters to be specified “(2) A plan must specify the following matters: “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(ja) “(k) 15 the pest or pests to be eradicated or managed: the plan’s objectives: the principal measures to be taken to achieve the object- 10 ives: the means by which the achievement of the plan’s ob- jectives will be monitored or measured: the sources of funding for the implementation of the plan: the limitations, if any, on how the funds collected from those sources may be used to implement the plan: the powers in Part 6 to be used to implement the plan: the rules, if any: the management agency: the actions that local authorities, local authorities of a specified class or description, or specified local author- ities may take to implement the plan, including con- tributing towards the costs of implementation: the parts of the EEZ to which the plan applies, if it ap- 25 plies to parts, or the fact that it applies to the whole EEZ, if it does: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan: the plan’s commencement date and termination date: 20 30 “(l) “(m) any other matters required by the national policy direc- tion.
“Compensation “(3) A plan— 35 “(a) may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan: 70 Biosecurity Law Reform Bill Part 1 cl 37 “(b) must not provide for the payment of compensation for the following losses: “(i) loss suffered because a person’s income derived from feral or wild organisms is adversely affected by the implementation of the plan: loss suffered before an inspector or authorised person establishes the presence of the pest on the place of the person suffering the loss: “(ii) “(iii) loss suffered by a person who fails to comply with the plan.
“Rules “(4) A plan may include rules for all or any of the following pur- 5 10 poses: “(a) “(b) requiring a person to take specified actions to enable the management agency to determine or monitor the 15 presence or distribution of the pest or a pest agent: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records: “(c) requiring the identification of specified goods: “(d) prohibiting or regulating specified methods that may be 20 “(e) “(f) “(g) “(h) “(i) “(j) 25 used in managing the pest: prohibiting or regulating activities that may affect meas- ures taken to implement the plan: requiring audits or inspections of specified actions: specifying, for the purposes of section 52(a), the cir- cumstances in which the pest may be communicated, released, or otherwise spread: requiring the occupier of a place to take specified ac- tions to eradicate or manage the pest or a specified pest 30 agent on the place: requiring the occupier of a place to take specified ac- tions to eradicate or manage the habitat of the pest or the habitat of a specified pest agent on the place: prohibiting or regulating specified activities by the oc- 35 cupier of a place if the activities are of the kind that would promote the habitat of the pest on the place: 71 Part 1 cl 37 Biosecurity Law Reform Bill “(k) “(l) “(m) “(n) “(o) requiring the occupier of a place to carry out specified activities to promote the presence of organisms that as- sist in the
 control of the pest on the place: prohibiting or regulating specified activities by the oc- cupier of a place, which deter the presence on that place 5 of organisms that assist in the control of the pest: requiring the occupier of a place to carry out speci- fied treatments or procedures to assist in preventing the spread of the pest: requiring the owner or person in charge of goods to 10 carry out specified treatments or procedures to assist in preventing the spread of the pest: requiring the destruction of
 goods if the goods may contain or harbour the pest or otherwise pose a risk of spreading the pest: 15 “(p) prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest: “(q) prohibiting or regulating the use or disposal of organic “(r) “(s) material: prohibiting or regulating the use of specified practices 20 in the management of organisms that may promote the spread or survival of the pest: prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
25 “(5) A rule may— “(a) “(b) “(c) “(e) apply generally or to different classes or descriptions of persons, places, goods, or other things: apply all the time or at 1 or more specified times of the year: apply throughout New Zealand or in a specified part or parts of New Zealand, with, if necessary, another rule on the same subject matter applying to another specified part of New Zealand: specify that a contravention of the rule creates an of- 35 fence under section 154M(19).
30 72 Biosecurity Law Reform Bill Part 1 cl 37 “64A Fifth step: satisfaction on contents of plan and requirements If the Minister is satisfied that section 64 has been complied with, the Minister may take the fifth step in the making of a plan, which is for the Minister to consider whether the Minis- 5 ter is satisfied, in relation to the plan prepared under section 64,— “(a) “(b) “(c) “(d) “(e) that the plan is not inconsistent with the national policy direction; and that, for each subject of the plan, the benefits of the plan 10 outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and that, for each subject of the plan, persons who are re- quired, as a group, to meet directly any or all of the costs of implementing the plan— “(i) will accrue, as a group, benefits outweighing the 15 “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed to be resolved by the plan; and 20 that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and that each rule— “(i) will assist in achieving the plan’s objectives; and 25 “(ii) will not trespass unduly on the rights of individu- als; and “(f) that the implementation of the plan is not contrary to New Zealand’s international obligations.
“65 Making of plan “(1) When the Minister is satisfied with the contents of a plan pre- pared under section 64 If the Minister is satisfied of the mat- ters in section 64A, the Minister may recommend to the Gov- ernor-General that an Order in Council be made making the plan.
“(2) The order— “(a) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and 30 35 73 Part 1 cl 37 Biosecurity Law Reform Bill “(b) is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.

“66 Exemptions from rules “(1) The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister con- 5 siders appropriate.
“(2) The Minister may grant an exemption under subsection (1) only if— “(a) “(b) the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan’s 10 objectives; and the Minister is satisfied that 1 or more of the following applies: “(i) the requirement has been substantially complied with and further compliance is unnecessary: the action taken on, or provision made for, the matter to which the requirement relates is as ef- fective as, or more effective than, compliance with the requirement: “(ii) 15 “(iii) the requirement is clearly unreasonable or in- 20 appropriate in the particular case: “(iv) events have occurred that make the requirement unnecessary or inappropriate in the particular case.
“(3) The Minister may exempt all persons, a specified class of per- 25 sons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appro- priate.

“(4) The Minister may grant an exemption under subsection (3) 30 only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
“(4A) Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption 35 is granted.

74 Biosecurity Law Reform Bill Part 1 cl 37 “(4B) The Minister must determine the period of an exemption that the Minister grants.
“(5) As soon as practicable after granting an exemption, the Min- ister must publish a notice in the Gazette giving— a description of the exemption; and “(a) the reasons for the exemption; and “(b) the period of the exemption.
“(c) 5 “(6) The following apply to the extension of the period of an ex- emption: “(a) “(b) “(c) “(d) “(e) 10 the Minister may grant an extension of the period; and the extension must be granted before the end of the period; and the extended period becomes the period of the exemp- tion; and the Minister may exercise the power in paragraph (a) 15 more than once; and extensions of the period of an exemption must be noti- fied in the Gazette.
“(7) Exemptions— “(a) “(b) are regulations for the purposes of the Regulations (Dis- 20 allowance) Act 1989; and are not regulations for the purposes of the Acts and Regulations Publication Act 1989.
“Regional pest management plans “67 Definitions for sections 68 to 76 For the purposes of sections 68 to 76,— “council means a regional council “management agency means a management agency respon- sible for implementing a regional pest management plan “plan means a regional pest management plan “proposal means a proposal for a regional pest management plan “rule means a rule in a regional pest management plan.
25 30 75 Part 1 cl 37 Biosecurity Law Reform Bill “68 Relationship of rules with law “(1) To the extent to which a regulation made under this or any other Act is inconsistent with a rule, the regulation prevails.

“(2) To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest 5 management plan prevails.
“(3) To the extent to which a rule in a national pathway manage- ment plan is inconsistent with a rule, the rule in the national pathway management plan prevails.

“(4) To the extent to which a bylaw of a local authority is inconsist- 10 ent with a rule applying to the same locality, the rule prevails.
“(5) A good neighbour rule in a plan, or action taken under a plan to enforce a good neighbour rule in the plan, are the only ways in which a plan may cause the Crown to become liable to meet obligations or costs.

15 “69 Plan initiated by proposal First step: plan initiated by proposal “(1) The making of a plan is initiated byThe first step in the making of a plan is a proposal made by— “(a) “(b) the council; or a person who submits the proposal to the council.
20 “(2) The proposal must set out the following matters: the name of the person making the proposal: the subject of the proposal, which means— “(i) the organism proposed to be specified as a pest 25 under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be spe- 30 cified as pests under the plan: “(ii) for each subject,— a description of its adverse effects: “(i) “(ii) the reasons for proposing a plan: “(iii) the objectives that the plan would have: “(iv) the principal measures that would be in the plan to achieve the objectives: 35 “(a) “(b) “(c) 76 Biosecurity Law Reform Bill Part 1 cl 37 “(v) other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives: the reasons why the plan is more appropriate than relying on voluntary actions: “(vi) “(vii) an analysis of the benefits and costs of the pro- 5 posed plan: “(ix) “(viii) the extent to which any persons, or persons of a 10 class or description, are likely to benefit from the proposed plan: the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems 15 proposed to be resolved by the plan: the rationale for the proposed allocation of costs: if it is proposed that the
 plan be funded by a levy under section 100G, how the proposed levy sat- isfies section 100G(5)(d) and what matters will 20 be specified under section 100I(1): “(x) “(xi) “(xii) whether any unusual administrative problems or costs are expected in recovering the costs allo- cated to any of the persons whom the proposed plan requires plan would require to pay the costs: 25 any other organism intended to be controlled: the effects that, in the opinion of the person making the proposal, implementation of the
 plan would have on— economic wellbeing, the environment, human “(i) health, enjoyment of the natural environment, 30 and the relationship between Māori, their cul- ture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: the marketing overseas of New Zealand products: “(ii) if the proposed plan would affect another pest manage- 35 ment plan or a pathway management plan, how it is pro- posed to co-ordinate the implementation of the plans: the powers in Part 6 that it is proposed to use to imple- ment the plan: “(d) “(e) “(f) “(g) 77 Part 1 cl 37 Biosecurity Law Reform Bill “(h) “(i) “(j) “(k) “(l) “(m) “(n) “(o) 5 each proposed rule and an explanation of its purpose: the rules, if any, that are intended to be good neighbour rules: the rules whose contravention is proposed to be an of- fence under this Act: the management agency: the means by which it is proposed to monitor or measure the achievement of the plan’s objectives: the actions that it is proposed local authorities, local au- thorities of a specified class or description, or specified 10 local authorities may take to implement the plan, includ- ing contributing towards the costs of implementation: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the proposed plan: information on the disposal of the proceeds of any re- ceipts arising in the course of implementing the pro- posed plan:
 15 “(p) whether the proposed plan includes portions of road ad- joining land it covers, as authorised by section 6, and, 20 if so, the portions of road proposed to be included: the anticipated costs of implementing the proposed plan: how it is proposed that the costs be funded: the period for which it is proposed the plan be in force: 25 the consultation, if any, that has occurred on the pro- posal and the outcome of it: “(q) “(r) “(s) “(t) “(ta) any matter that the national policy direction requires be
 “(u) specified in a plan: the steps that have been taken to comply with the 30 process requirements in the national policy direction, if there were any.
“69A Next steps “(1) The council may act under section 72 only if the council— is satisfied as described in subsections (2) to (4); and 35 “(a) “(b) has made the decision described in subsection (5).

78 Biosecurity Law Reform Bill Part 1 cl 37 “(2) If the proposal sets out a proposed rule that the council is dis- posed to accept, the council must be satisfied that the proposed rule— “(a) would assist in achieving the plan’s objectives; and “(b) would not trespass unduly on the rights of individuals.
“(3) The council must be satisfied of the general matters in section 5 70.

“(4) The council must be satisfied of the consultation matters in section 71.

“(5) The council must decide which body is to be the management 10 agency, applying section 96.
“70 General matters “(2) The council must be satisfied that the proposal— “(a) “(b) “(c) is not frivolous or vexatious; and is clear enough to be readily understood; and is not inconsistent with— “(i) “(ii) the national policy direction; or any other pest management plan on the same or- ganism; or “(iii) any pathway management plan; or “(iv) any regulations; or “(v) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; and 15 20 “(d) has merit as a means of eradicating or effectively man- 25 aging the subject of the plan, which means— “(i) the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to 30 be specified as a pest under the plan or the classes or descriptions of organisms proposed to be spe- cified as pests under the plan: “(ii) “(e) complies with section 69(2).
“(3) The council must be satisfied that each subject is capable of 35 causing at some time an adverse effect on 1 or more of the following in the region: “(a) economic wellbeing: 79 Part 1 cl 37 Biosecurity Law Reform Bill “(d) “(b) “(c) the viability of threatened species of organisms: the survival and distribution of indigenous plants or ani- mals: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity: “(e) soil resources: “(f) water quality: “(g) human health: “(ga) social and cultural wellbeing: “(h) the enjoyment of the recreational value of the natural 10 environment: the relationship between Maori, their culture, and their traditions and their ancestral lands, waters, sites, waahi tapu, and taonga: animal welfare.
15 “(i) “(j) 5 “(4) The council must be satisfied that, for each subject,— “(a) the benefits of the proposed plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and “(b) persons who are required, as a group, to meet directly 20 the costs of implementing the proposed plan— “(i) will accrue, as a group, benefits outweighing the “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed 25 to be resolved by the plan; and “(c) there is likely to be adequate funding for the implemen- tation of the proposed plan for the shorter of its pro- posed duration and 5 years.
“(5) The council must be satisfied that, if the council rejected a sim- 30 ilar proposal within the last 3 years, new and material informa- tion is now available.

“(6) The council must be satisfied that, during the development of the proposal, the process requirements for a proposed plan in the national policy direction, if there were any, were complied 35 with.
80 Biosecurity Law Reform Bill Part 1 cl 37 “71 Consultation matters “(1A) The council must be satisfied that, during the development of the proposal,— “(a) Ministers whose responsibilities may be affected by the “(b) “(c) proposed plan were consulted; and local authorities whose responsibilities may be affected by the proposed plan were consulted; and the tangata whenua of the area who may be affected by the proposed plan were consulted through iwi author- ities and tribal runanga.
5 10 “(1) “(1B) The council must be satisfied that, if consultation with other persons was appropriate during the development of the pro- posal, sufficient consultation occurred.
In considering whether the council is satisfied as required by subsection (1B), the council must have regard to the follow- 15 ing: “(a) the scale of the impacts on persons who are likely to be affected by the proposal: “(b) whether the persons likely to be affected by the pro- posal or their representatives have already been con- 20 sulted and, if so, the nature of the consultation: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
“(c) “(2) Subsections (3) and (4) apply if the council is not satisfied as required by subsections (1A) and (1B).

25 “(3) The council may require consultation to be undertaken on the “(4) proposal.
If the council requires consultation to be undertaken, the coun- cil must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such 30 as— “(a) consultation with persons likely to be affected by the proposal or with their representatives: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on 35 terms of reference set by the council: public notification of the proposal and the receipt of submissions.
“(b) “(c) 81 Part 1 cl 37 Biosecurity Law Reform Bill “(5) The council must be satisfied that it has considered the issues raised in all the consultation undertaken on the proposal.
Second step: satisfaction on requirements If the council is satisfied that section 69 has been complied with, the council may take the second step in the making of a 5 plan, which is to consider whether the council is satisfied— “(a) that the proposal is not inconsistent with— the national policy direction; or “(i) any other pest management plan on the same or- “(ii) ganism; or 10 “(b) “(c) “(d) 15 “(iii) any pathway management plan; or “(iv) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; or any regulations; and “(v) that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and that the proposal has merit as a means of eradicating or effectively managing the subject of the proposal, which 20 means— “(i) the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or the class or description of organism proposed to 25 be specified as a pest under the plan or the classes or descriptions of organisms proposed to be spe- cified as pests under the plan; and “(ii) that each subject is capable of causing at some time an adverse effect on 1 or more of the following in the 30 region: economic wellbeing: “(i) the viability of threatened species of organisms: “(ii) “(iii) the survival and distribution of indigenous plants “(iv) or animals: the sustainability of natural and developed ecosystems, ecological
 processes, and biological diversity: 35 “70 82 Biosecurity Law Reform Bill Part 1 cl 37 soil resources: “(v) “(vi) water quality: “(vii) human health: “(viii) social and cultural wellbeing: “(ix) “(x) the enjoyment of the recreational value of the 5 natural environment: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: “(e) “(f) 10 “(xi) animal welfare; and that, for each subject, the benefits of the plan would outweigh the costs,
 after taking account of the likely consequences of inaction or other courses of action; and that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of imple- 15 menting the plan— “(i) would accrue, as a group, benefits outweighing “(ii) the costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed 20 to be resolved by the plan; and “(g) “(h) that, for each subject, there is likely to be adequate fund- ing for the implementation of the plan for the shorter of its proposed duration and 5 years; and that each proposed rule— “(i) would assist in achieving the plan’s objectives; and “(ii) would not trespass unduly on the rights of indi- viduals; and “(i) “(j) “(k) that the proposal is not frivolous or vexatious; and that the proposal is clear enough to be readily under- stood; and that, if the council rejected a similar proposal within the last 3 years, new and material information answers the council’s objection to the previous proposal.
25 30 35 83 Part 1 cl 37 Biosecurity Law Reform Bill “71 Third step: satisfaction with consultation or requirement of more consultation If the council is satisfied of the matters in section 70, the council may take the third step in the making of a plan, which is for the council to consider whether the council is satisfied— 5 “(a) that, if Ministers’ responsibilities may be affected by the plan, the Ministers have been consulted; and that, if local authorities’ responsibilities may be affected by the plan, the authorities have been consulted; and that the tangata whenua of the area who may be affected 10 by the plan were consulted through iwi authorities and tribal runanga; and that, if consultation with other persons is appropriate, sufficient consultation has occurred.
“(b) “(c) “(d) In considering whether the council is satisfied as required by 15 subsection (1)(d), the council must have regard to the fol- lowing: “(a) the scale of the impacts on persons who are likely to be affected by the plan; and “(b) whether the persons likely to be affected by the plan or 20 their representatives have already been consulted and, if so, the nature of the consultation; and the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
“(c) If the council is satisfied as required by subsection (1), the 25 council must apply section 72.

If the council is not satisfied as required by subsection (1), the council may require consultation to be undertaken on the proposal.
If the council requires consultation to be undertaken, the coun- 30 cil must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the plan or with their representatives: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council: “(b) 35 “(1) “(2) “(3) “(4) “(5) 84 Biosecurity Law Reform Bill Part 1 cl 37 “(c) public notification of the proposal and the receipt of submissions.
“(6) After the consultation required by the council has been under- taken, the council must apply subsection (1) again.

“72 Contents of plan Fourth step: approval of preparation of 5 plan and decision on management agency “(1) “(1) When the council has taken the steps described in section 69A, the council may approve the preparation of a plan.
If the council is satisfied as required by section 71(1) and is satisfied that the issues raised in all the consultation under- 10 taken on the proposal have been considered, the council may take the fourth step in the making of a plan, which is to ap- prove the preparation of a plan.

“(1A) If the council approves the preparation of a plan, the council must apply section 96 to decide which body is to be the man- 15 agement agency.
“Matters to be specified “(2) A plan must specify the following matters: “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) 20 the pest or pests to be eradicated or managed: the plan’s objectives: the principal measures to be taken to achieve the object- ives: the means by which the achievement of the plan’s ob- jectives will be monitored or measured: the sources of funding for the implementation of the 25 plan: the limitations, if any, on how the funds collected from those sources may be used to implement the plan: the powers in Part 6 to be used to implement the plan: the rules, if any: the rules, if any, that are good neighbour rules: the management agency: the actions that local authorities, local authorities of a specified class or description, or specified local author- ities may take to implement the plan, including con- 35 tributing towards the costs of implementation: 30 85 Part 1 cl 37 Biosecurity Law Reform Bill “(l) “(m) “(n) the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan: the plan’s commencement date and termination date: any other matters required by the national policy direc- 5 tion.
“Compensation “(3) A plan— “(a) may provide for the payment of compensation for losses incurred as a direct result of the implementation of the 10 plan: “(b) must not provide for the payment of compensation for the following losses: “(i) loss suffered because a person’s income derived from feral or wild organisms is adversely affected 15 by the implementation of the plan: loss suffered before an inspector or authorised person establishes the presence of the pest on the place of the person suffering the loss: “(ii) “(iii) loss suffered by a person who fails to comply 20 with the plan.
“Rules “(4) A plan may include rules for all or any of the following pur- poses: “(a) “(b) requiring a person to take specified actions to enable 25 the management agency to determine or monitor the presence or distribution of the pest or a pest agent: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records: “(c) requiring the identification of specified goods: “(d) prohibiting or regulating specified methods that may be 30 used in managing the pest: prohibiting or regulating activities that may affect meas- ures taken to implement the plan: requiring audits or inspections of specified actions: “(e) “(f) 35 86 Biosecurity Law Reform Bill Part 1 cl 37 “(g) “(h) “(i) “(j) “(k) “(l) “(m) “(n) “(o) specifying, for the purposes of section 52(a), the cir- cumstances in which the pest may be communicated, released, or otherwise spread: requiring the occupier of a place to take specified ac- tions to eradicate or manage the pest or a specified pest 5 agent on the place: requiring the occupier of a place to take specified ac- tions to eradicate or manage the habitat of the pest or the habitat of a specified pest agent on the place: prohibiting or regulating specified activities by the oc- 10 cupier of a place if the activities are of the kind that would promote the habitat of the pest on the place: requiring the occupier of a place to carry out specified activities to promote the presence of organisms that as- sist in the control of the pest on the place: prohibiting or regulating specified activities by the oc- cupier of a place, which deter the presence on that place of organisms that assist in the control of the pest: requiring the occupier of a place to carry out speci- fied treatments or procedures to assist in preventing the 20 spread of the pest: requiring the owner or person in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest: requiring the destruction of goods
 if the goods may 25 contain or harbour the pest or otherwise pose a risk of spreading the pest: 15 “(p) prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest: “(q) prohibiting or regulating the use or disposal of organic 30 “(r) “(s) material: prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest: prohibiting or regulating the movement of goods that 35 may contain or harbour the pest or otherwise pose a risk of spreading the pest.
“(5) A rule may— 87 Part 1 cl 37 Biosecurity Law Reform Bill “(a) “(b) “(c) “(e) apply generally or to different classes or descriptions of persons, places, goods, or other things: apply all the time or at 1 or more specified times of the year: apply throughout the region or in a specified part or 5 parts of the region with, if necessary, another rule on the same subject matter applying to another specified part of the region: specify that a contravention of the rule creates an of- fence under section 154M(20).
10 “72A Fifth step: satisfaction on contents of plan and requirements If the council is satisfied that section 72 has been complied with, the council may take the fifth step in the making of a plan, which is for the council to consider whether the council is 15 satisfied, in relation to the plan prepared under section 72,— “(a) that the plan is not inconsistent with— the national policy direction; or “(i) any other pest management plan on the same or- “(ii) ganism; or 20 “(iii) any pathway management plan; or “(iv) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; or any regulations; and “(v) that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and that, for each subject of the plan, persons who are re- quired, as a group, to meet directly any or all of the costs 30 of implementing the plan— “(i) will accrue, as a group, benefits outweighing the 25 “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed 35 to be resolved by the plan; and “(b) “(c) 88 Biosecurity Law Reform Bill Part 1 cl 37 “(d) “(e) that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and that each rule— “(i) will assist in achieving the plan’s objectives; and 5 “(ii) will not trespass unduly on the rights of individu- als.
“73 Decision on plan Sixth step: decision on plan “(1) When the council is satisfied with the content of a plan pre- “(2) pared under section 72 of the matters in section 72A, the 10 council must prepare a written report on the plan.

If the council has received submissions on the proposal, the council must— “(a) set out in the report the council’s reasons for accepting or rejecting the submissions; and 15 “(b) give a copy of the report to every person who made a submission.
“(3) The report must give the council’s decision on the plan.

“(4) The council must give public notice— “(a) “(b) stating the council’s decision on the plan; and stating where the plan resulting from the council’s de- cision can be read.

20 “74 Application to Environment Court about plan “(1) This section applies to the plan resulting from the council’s decision under section 73(3).
“(2) The following matters may be the subject of an application to the Environment Court: “(a) “(b) whether the plan is inconsistent with the national policy any aspect of the plan: direction: “(c) whether the process requirements for a proposed plan in the national policy direction, if there were any, were complied with.
25 30 “(2A) If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of 35 submissions, the following persons may make an application 89 Part 1 cl 37 Biosecurity Law Reform Bill to the Environment Court: a person who made a submission on the proposal may make an application to the Environment Court.

“(a) a person who participated in consultation during the preparation of the proposal: a person who made a submission on the proposal.
“(b) “(2B) If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court: “(a) a person who participated in consultation during the preparation of the proposal and whose views were pro- vided or recorded in writing: “(aa) a person who participated in consultation on the pro- 5 10 “(b) posal and whose views were provided or recorded in 15 writing: a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.
“(3) The application must be made within 15 working days after 20 the date of the public notice.

“(4) The application is made under section 291 of the Resource Management Act 1991 and regulations made under the Re- source Management Act 1991.

“(5) The court must hold a public hearing on the application.

“(6) The court must— 25 dismiss the application; or “(a) “(b) direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.
“75 Making of plan “(1) A plan is made by the council fixing the council’s seal to the 30 plan.

If no person makes an application under section 74, the coun- cil must make the plan.

If a person makes an application under section 74, the council 35 must— “(2) “(3) 90 Biosecurity Law Reform Bill Part 1 cl 37 “(a) “(b) decide whether the matter dealt with in the application is severable from the rest of the plan; and take 1 of the courses of action described in subsection (4).
“(4) The courses of action are as follows: “(a) “(a) 5 10 if the matter dealt with in the application is severable from the rest of the plan, the council must— “(i) make the plan without the matter in it; and “(ii) if the Environment Court gives a direction under section 74(6)(b), comply with the direction: if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court’s decision, do the applicable 1 of the following: “(i) if the Environment Court dismisses the applica- 15 tion under section 74(6)(a), make the part of the plan that deals with the matter: if the Environment Court gives a direction under section 74(6)(b), comply with the direction be- fore making the part of the plan that deals with 20 the matter: “(ii) “(b) “(c) if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 74(6)(a), the council must make the plan: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 74(6)(b), the council must comply with the direction before making the plan.
“(5) The council must give public notice of— 25 30 “(a) “(b) “(b) the making of the plan; and the plan’s commencement date.
the plan’s commencement date or dates, as follows: “(i) the commencement date of a plan made in the circumstances described in subsection (2) or 35 (4)(b) or (c) is the date on which the council fixes the council’s seal to the plan: the commencement dates of the parts of a plan made in the circumstances described in subsec- “(ii) 91 Part 1 cl 37 Biosecurity Law Reform Bill tion (4)(a) are, for the part of the plan made first, the date on which the council fixes the council’s seal to that part and, for the part of the plan made after the Environment Court’s decision, the date on which the council fixes the council’s seal to 5 that part.
10 15 “76 Exemptions from rules “(1) The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
“(2) The council may grant an exemption under subsection (1) only if— “(a) “(b) the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan’s objectives; and the council is satisfied that 1 or more of the following applies: “(i) the requirement has been substantially complied with and further compliance is unnecessary: the action taken on, or provision made for, the 20 matter to which the requirement relates is as ef- fective as, or more effective than, compliance with the requirement: “(ii) “(iii) the requirement is clearly unreasonable or in- appropriate in the particular case: 25 “(iv) events have occurred that make the requirement unnecessary or inappropriate in the particular case.
“(3) The council may exempt all persons, a specified class of per- sons, persons in a specified place, or persons responsible for 30 specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appro- priate.

“(4) The council may grant an exemption under subsection (3) only if the council is satisfied that events have occurred that 35 make the requirement unnecessary or inappropriate.
“(4A) Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no 92 Biosecurity Law Reform Bill Part 1 cl 37 more onerous than the requirement from which the exemption is granted.

“(4B) The council must determine the period of an exemption that the council grants.
“(5) The council must provide a register that— “(a) “(b) a description of the exemption; and the reasons for the exemption; and records, for each exemption granted,— “(i) “(ii) “(iii) the period of the exemption; and is available for the public to read free of charge— “(i) at the council’s offices during the council’s nor- mal office hours; or 5 10 “(ii) on an internet site maintained by or on behalf of the council.
“(6) The following apply to the extension of the period of an ex- 15 emption: “(a) “(b) “(c) “(d) the council may grant an extension of the period; and the extension must be granted before the end of the period; and the extended period becomes the period of the exemp- 20 tion; and the council may exercise the power in paragraph (a) more than once.
“Pathway management plans “National pathway management plans “77 Definitions for sections 78 to 84 For the purposes of sections 78 to 84,— “management agency means a management agency respon- sible for implementing a national pathway management plan “plan means a national pathway management plan “proposal means a proposal for a national pathway manage- ment plan “rule means a rule in a national pathway management plan.
25 30 93 5 10 15 20 Part 1 cl 37 Biosecurity Law Reform Bill “78 Relationship of rules and plan with laws “(1) To the extent to which a bylaw of a local authority is inconsist- ent with a rule applying to the same locality, the rule prevails.

If a plan imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs.
“(2) “79 Plan initiated by proposal First step: plan initiated by proposal “(1) The making of a plan is initiated by The first step in the making of a plan is a proposal made by— “(a) “(b) a Minister; or a person who submits the proposal to a Minister.
“(2) The proposal must set out the following matters: the name of the person making the proposal: the subject of the proposal, which means the pathway or pathways to which the proposal applies: for each subject,— “(i) a description of the actual or potential risks asso- ciated with it: “(ii) the reasons for proposing a plan: “(iii) the objectives that the plan would have: “(iv) the principal measures that would be in the plan to achieve the objectives: “(v) other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed 25 measures are preferable as a means of achieving the objectives: the reasons why a national plan is more appropri- ate than a regional plan: “(vi) “(vii) an analysis of the benefits and costs of the pro- 30 posed plan: “(viii) the extent to which any persons, or persons of a class or description, are likely to benefit from the proposed plan: the extent to which any persons, or persons of a 35 class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan: “(ix) “(a) “(b) “(c) 94 Biosecurity Law Reform Bill Part 1 cl 37 “(x) the anticipated costs of implementing the pro- posed plan: “(xi) how it is proposed that the costs be funded: “(xii) the rationale for the proposed allocation of costs: “(xiii) if it is proposed that the plan be funded by a levy 5 under section 100G, how the proposed levy sat- isfies section 100G(5)(d) and what matters will be
 specified under section 100I(1): “(xiv) whether any unusual administrative problems or costs are expected in recovering the costs allo- 10 cated to any of the persons whom the proposed plan requires plan would require to pay the costs: the effect that, in the opinion of the person making the proposal, implementation of the plan would have on— “(i) economic wellbeing, the environment, human 15 health, enjoyment of the natural environment, and the relationship between Māori, their cul- ture, and their
 traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: the marketing overseas of New Zealand products: 20 “(ii) if the proposed plan would affect another pathway man- agement plan or a pest management plan, how it is pro- posed to co-ordinate the implementation of the plans: the powers in Part 6 that it is proposed to use to imple- ment the plan: each proposed rule and an explanation of its purpose: the rules whose contravention is proposed to be an of- fence under this Act: the management agency: the means by which it is proposed to monitor or measure 30 the achievement of the plan’s objectives: the actions that it is proposed local authorities, local au- thorities of a specified class or description, or specified local authorities may take to implement the plan, includ- ing contributing towards the costs of implementation: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the proposed plan: 25 35 “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) 95 Part 1 cl 37 Biosecurity Law Reform Bill “(m) information on the disposal of the proceeds of any re- ceipts arising in the course of implementing the pro- posed plan: “(ma) whether or not the plan would apply to the EEZ and, if it would, whether it would apply to all of it or parts of 5 it and, if it would apply to parts, which parts: “(n) whether the proposed plan includes portions of road ad- joining land it covers, as
 authorised by section 6, and, if so, the portions of road proposed to be included: the period for which it is proposed the plan be in force: 10 the consultation, if any, that has occurred on the pro- posal and the outcome of it: “(o) “(p) “(pa) any matter that the national policy direction requires be “(q) specified in a plan: the steps that have been taken to comply with the 15 process requirements in the national policy direction, if there were any.
“79A Next steps “(1) The Minister may act under section 82 only if the Minister— “(2) is satisfied as described in subsections (2) to (4); and 20 “(a) “(b) has made the decision described in subsection (5).

If the proposal sets out a proposed rule that the Minister is disposed to accept, the Minister must be satisfied that the pro- posed rule— “(a) would assist in achieving the plan’s objectives; and “(b) would not trespass unduly on the rights of individuals.
“(3) The Minister must be satisfied of the general matters in sec- tion 80.

“(4) The Minister must be satisfied of the consultation matters in section 81.

“(5) The Minister must decide which body is to be the management agency, applying section 96.
“80 General matters “(2) The Minister must be satisfied that the proposal— “(a) “(b) is not frivolous or vexatious; and is clear enough to be readily understood; and 96 25 30 35 Biosecurity Law Reform Bill Part 1 cl 37 “(c) is not inconsistent with the national policy direction; and “(d) has merit as a means of managing the subject of the plan, which means the pathway or pathways; and complies with section 79(2).
“(e) “(3) The Minister must be satisfied that each subject could spread an organism that is capable of causing at some time an adverse effect on 1 or more of the following in New Zealand: “(a) “(b) “(c) economic wellbeing: the viability of threatened species of organisms: the survival and distribution of indigenous plants or ani- mals: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity: “(e) soil resources: “(f) water quality: “(g) human health: “(ga) social and cultural wellbeing: “(h) “(d) the enjoyment of the recreational value of the natural environment: the relationship between Maori, their culture, and their traditions and their ancestral lands, waters, sites, waahi tapu, and taonga: animal welfare.
“(i) “(j) 5 10 15 20 “(4) The Minister must be satisfied that, for each subject,— 25 “(a) the benefits of the proposed plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and “(b) persons who are required, as a group, to meet directly the costs of implementing the proposed plan— “(i) will accrue, as a group, benefits outweighing the “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed to be resolved by the plan; and “(c) there is likely to be adequate funding for the implemen- tation of the proposed plan for the shorter of its pro- posed duration and 5 years.
30 35 97 Part 1 cl 37 Biosecurity Law Reform Bill “(5) The Minister must be satisfied that the implementation of the proposed plan would not be contrary to New Zealand’s inter- national obligations.

“(6) The Minister must be satisfied that, if the Minister rejected a similar proposal within the last 3 years, new and material 5 information is now available.
“(7) The Minister must be satisfied that, during the development of the proposal, the process requirements for a proposed plan in the national policy direction, if there were any, were complied with.

10 “81 Consultation matters “(1A) The Minister must be satisfied that, during the development of the proposal,— “(a) Ministers whose responsibilities may be affected by the “(b) proposed plan were consulted; and local authorities whose responsibilities may be affected by the proposed plan were consulted.
15 “(1B) The Minister must be satisfied that, if consultation with tangata whenua or other persons was appropriate during the development of the proposal, sufficient consultation occurred.
20 In considering whether the Minister is satisfied as required by subsection (1B), the Minister must have regard to the fol- lowing: “(a) whether the persons likely to be affected by the pro- “(1) posal or their representatives have already been con- 25 sulted and, if so, the nature of the consultation: the scale of the impacts on persons who are likely to be affected by the proposal: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
30 “(b) “(c) “(2) Subsections (3) and (4) apply if the Minister is not satisfied as required by subsections (1A) and (1B).

“(3) The Minister may require consultation to be undertaken on the proposal.
If the Minister requires consultation to be undertaken, the Min- 35 ister must determine the way or ways in which the consulta- “(4) 98 Biosecurity Law Reform Bill Part 1 cl 37 tionmust be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the proposal or with their representatives: the appointment by the Minister of 1 or more persons 5 to carry out an independent inquiry into the proposal on terms of reference set by the Minister: public notification of the proposal and the receipt of submissions.
“(b) “(c) “(5) The Minister must be satisfied that the Minister has considered 10 the issues raised in all the consultation undertaken on the pro- posal.
“80 “(b) Second step: satisfaction on requirements If the Minister is satisfied that section 79 has been complied with, the Minister may take the second step in the making of a 15 plan, which is to consider whether the Minister is satisfied— that the proposal is not inconsistent with the national “(a) policy direction; and that, during the development of the proposal, process requirements for a plan in the national policy 20 direction, if there were any, were complied with; and that the proposal has merit as a means of managing the subject of the proposal, which means the pathway or pathways; and that each subject could spread an organism that is cap- 25 able of causing at some time an adverse effect on 1 or more of the following in New Zealand: economic wellbeing: “(i) the viability of threatened species of organisms: “(ii) “(iii) the survival and distribution of indigenous plants 30 “(d) “(c) the “(iv) or animals: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity: “(v) soil resources: “(vi) water quality: “(vii) human health: “(viii) social and cultural wellbeing: 35 99 Part 1 cl 37 Biosecurity Law Reform Bill “(ix) “(x) the enjoyment of the recreational value of the natural environment: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: 5 “(xi) animal welfare; and that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely
 consequences of inaction or other courses of action; and that, for each subject, persons who are required, as a 10 group, to meet directly any or all of the costs of imple- menting the plan— “(i) would accrue, as a group, benefits outweighing “(ii) the costs; or contribute, as a group, to the creation, continu- 15 ance, or exacerbation of the problems proposed to be resolved by the plan; and that, for each subject, there is likely to be adequate fund- ing for the implementation of the plan for the shorter of
 its proposed duration and 5 years; and that the implementation of the plan would not be con- trary to New Zealand’s international obligations; and that each proposed rule— “(i) would assist in achieving the plan’s objectives; and “(ii) would not trespass unduly on the rights of indi- viduals; and that the proposal is not frivolous or vexatious; and that the proposal is clear enough to be readily under- stood; and that, if the Minister rejected a similar proposal within the last 3 years, new and material information answers the Minister’s objection to the previous proposal.
20 25 30 “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) “81 Third step: satisfaction with consultation or requirement “(1) of more consultation If the Minister is satisfied of the matters in section 80, the Minister may take the third step in the making of a plan, which 35 100 “(2) “(3) “(4) “(5) Biosecurity Law Reform Bill Part 1 cl 37 “(c) “(b) is for the Minister to consider whether the Minister is satis- fied— “(a) that, if Ministers’ responsibilities may be affected by the plan, the Ministers have been consulted; and that, if local authorities’ responsibilities may be affected 5 by the plan, the authorities have been consulted; and that, if consultation with tangata whenua or other per- sons is appropriate, sufficient consultation has occurred.
In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the fol- 10 lowing: “(a) the scale of the impacts on persons who are likely to be affected by the plan; and “(b) whether the persons likely to be affected by the plan or 20 “(c) their representatives have already been consulted and, 15 if so, the nature of the consultation; and the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
If the Minister is satisfied as required by subsection (1), the Minister must apply section 82.

If the Minister is not satisfied as required by subsection (1), the Minister may require consultation to be undertaken on the proposal.
If the Minister requires consultation to be undertaken, the Min- ister must determine the way or ways in which the consultation 25 must be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the plan or with their representatives: the appointment by the Minister of 1 or more persons 30 to carry out an independent inquiry into the proposal on terms of reference set by the Minister: public notification of the proposal and the receipt of submissions.
“(b) “(c) “(6) After the consultation required by the Minister has been under- 35 taken, the Minister must apply subsection (1) again.

101 Part 1 cl 37 Biosecurity Law Reform Bill “82 Contents of plan Fourth step: approval of preparation of plan and decision on management agency “(1) “(1) When the Minister has taken the steps described in section 79A, the Minister may approve the preparation of a plan.
If the Minister is satisfied as required by section 81(1) and 5 is satisfied that the issues raised in all the consultation under- taken on the proposal have been considered, the Minister may take the fourth step in the making of a plan, which is to ap- prove the preparation of a plan.

“(1A) If the Minister approves the preparation of a plan, the Minis- 10 ter must apply section 96 to decide which body is to be the management agency.
“Matters to be specified “(2) A plan must specify the following matters: 20 15 the pathway or pathways to be managed: the plan’s objectives: the principal measures to be taken to achieve the object- ives: the means by which the achievement of the plan’s ob- jectives will be monitored or measured: the sources of funding for the implementation of the plan: the limitations, if any, on how the funds collected from those sources may be used to implement the plan: the powers in Part 6 to be used to implement the plan: the rules, if any: the management agency: the actions that local authorities, local authorities of a specified class or description, or specified local author- ities may take to implement the plan, including con- 30 tributing towards the costs of implementation: the parts of the EEZ to which the plan applies, if it ap- plies to parts, or the fact that it applies to the whole EEZ, if it does: the portions of road, if any, adjoining land covered by 35 the plan and, as authorised by section 6, also covered by the plan: the plan’s commencement date and, if there is one, its termination date: 25 “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(ja) “(k) “(l) 102 Biosecurity Law Reform Bill Part 1 cl 37 “(m) any other matters required by the national policy direc- tion.
“Compensation “(3) A plan— “(a) may provide for the payment of compensation for losses 5 incurred as a direct result of the implementation of the plan: “(b) must not provide for the payment of compensation for the following losses: “(i) loss suffered because a person’s income derived 10 from feral or wild organisms is adversely affected by the implementation of the plan: loss suffered by a person who fails to comply with the plan.
“(ii) “Rules “(4) A plan may include rules for all or any of the following pur- poses: “(a) “(b) “(c) requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records: requiring the identification of specified goods: prohibiting or regulating specified methods that may be used in managing the pathway: “(d) prohibiting or regulating activities that may affect meas- 15 20 “(e) “(f) “(g) “(h) 25 ures taken to implement the plan: requiring audits or inspections of specified actions: requiring the occupier of a place to carry out speci- fied treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway: requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway: requiring the destruction of goods in circumstances in 35 which the goods pose a risk of spreading organisms that could be spread through the pathway: 30 103 Part 1 cl 37 Biosecurity Law Reform Bill “(i) “(j) prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway: prohibiting or regulating the use or disposal of organic material on the pathway: 5 “(k) prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
“(5) A rule may— “(a) “(b) “(c) “(e) apply generally or to different classes or descriptions of 10 persons, places, goods, or other things: apply all the time or at 1 or more specified times of the year: apply throughout New Zealand or in a specified part or parts of New Zealand, with, if necessary, another rule 15 on the same subject matter applying to another specified part of New Zealand: specify that a contravention of the rule creates an of- fence under section 154M(19).
“82A Fifth step: satisfaction on contents of plan and 20 requirements If the Minister is satisfied that section 82 has been complied with, the Minister may take the fifth step in the making of a plan, which is for the Minister to consider whether the Minis- ter is satisfied, in relation to the plan prepared under section 25 82,— “(a) that the plan is not inconsistent with the national policy direction; and that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely 30 consequences of inaction or other courses of action; and that, for each subject of the plan, persons who are re- quired, as a group, to meet directly any or all of the costs of implementing the plan— “(i) will accrue, as a group, benefits outweighing the 35 costs; or “(b) “(c) 104 Biosecurity Law Reform Bill Part 1 cl 37 “(d) “(e) “(ii) contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed to be resolved by the plan; and that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for 5 the shorter of its proposed duration and 5 years; and that each rule— “(i) will assist in achieving the plan’s objectives; and “(ii) will not trespass unduly on the rights of individu- als; and 10 “(f) that the implementation of the plan is not contrary to New Zealand’s international obligations.
“83 Making of plan “(1) When the Minister is satisfied with the content of a plan pre- pared under section 82If the Minister is satisfied of the mat- 15 ters in section 82A, the Minister may recommend to the Gov- ernor-General that an Order in Council be made making the plan.

“(2) The order— “(a) is a regulation for the purposes of the Regulations (Dis- 20 allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.
“(b) “84 Exemptions from rules “(1) The following are exempt from the requirements in rules for 25 acts or omissions in the course of an emergency as described in subsection (1A): “(a) “(b) the New Zealand Defence Force: a Civil Defence Emergency Management Group estab- lished under the Civil Defence Emergency Management 30 Act 2002: the New Zealand Police: the New Zealand Fire Service: the National Rural Fire Authority: rural fire authorities: “(c) “(d) “(e) “(f) “(g) DHBs, as defined in section 6 of the New Zealand Pub- 35 lic Health and Disability Act 2000.
105 Part 1 cl 37 Biosecurity Law Reform Bill “(1A) An emergency is,— “(a) “(b) for the purposes of subsection (1)(a), an emergency relating to— “(i) a threat to New Zealand’s interests under section 5 of the Defence Act 1990: “(ii) the safety of human life: “(iii) the safety of ships or aircraft: “(iv) “(v) for the purposes of subsection (1)(b) to (g), a situation 10 as described in paragraphs (a) and (b) of the definition of emergency in section 4 of the Civil Defence Emergency Management Act 2002. the protection of the environment: equipment or facilities of high value: 5 “(2) The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister con- 15 siders appropriate.
“(3) The Minister may grant an exemption under subsection (2) only if— “(a) “(b) the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan’s 20 objectives; and the Minister is satisfied that 1 or more of the following applies: “(i) the requirement has been substantially complied with and further compliance is unnecessary: the action taken on, or provision made for, the matter to which the requirement relates is as ef- fective as, or more effective than, compliance with the requirement: “(ii) 25 “(iii) the requirement is clearly unreasonable or in- 30 appropriate in the particular case: “(iv) events have occurred that make the requirement unnecessary or inappropriate in the particular case.
“(4) The Minister may exempt all persons, a specified class of per- 35 sons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appro- priate.

106 Biosecurity Law Reform Bill Part 1 cl 37 “(5) The Minister may grant an exemption under subsection (4) only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
“(5A) Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no 5 more onerous than the requirement from which the exemption is granted.

“(5B) The Minister must determine the period of an exemption that the Minister grants.
“(6) As soon as practicable after granting an exemption, the Min- 10 ister must publish a notice in the Gazette giving— a description of the exemption; and “(a) the reasons for the exemption; and “(b) the period of the exemption.
“(c) “(7) The following apply to the extension of the period of an ex- 15 emption: “(a) “(b) “(c) “(d) “(e) the Minister may grant an extension of the period; and the extension must be granted before the end of the period; and the extended period becomes the period of the exemp- 20 tion; and the Minister may exercise the power in paragraph (a) more than once; and extensions of the period of an exemption must be noti- fied in the Gazette.
25 “(8) Exemptions— “(a) “(b) are regulations for the purposes of the Regulations (Dis- allowance) Act 1989; and are not regulations for the purposes of the Acts and Regulations Publication Act 1989.
30 “Regional pathway management plans “85 Definitions for sections 86 to 94 For the purposes of sections 86 to 94,— “council means a regional council “management agency means a management agency respon- 35 sible for implementing a regional pathway management plan “plan means a regional pathway management plan 107 Part 1 cl 37 Biosecurity Law Reform Bill “proposal means a proposal for a regional pathway manage- ment plan “rule means a rule in a regional pathway management plan.
“86 Relationship of rules with law “(1) To the extent to which a regulation made under this or any 5 other Act is inconsistent with a rule, the regulation prevails.

“(2) To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest management plan prevails.

“(3) To the extent to which a rule in a national pathway manage- 10 ment plan is inconsistent with a rule, the rule in the national pathway management plan prevails.
“(4) To the extent to which a bylaw of a local authority is inconsist- ent with a rule applying to the same locality, the rule prevails.

If a rule imposes obligations and costs on the Crown, the 15 Crown must comply with the obligations and meet the costs.
“(5) “87 Plan initiated by proposal First step: plan initiated by proposal “(1) The making of a plan is initiated by The first step in the making of a plan is a proposal made by— “(a) “(b) the council; or a person who submits the proposal to the council.
20 “(2) The proposal must set out the following matters: the name of the person making the proposal: the subject of the proposal, which means the pathway 25 or pathways to which the proposal applies: for each subject,— “(i) a description of the actual or potential risks asso- ciated with it: “(ii) the reasons for proposing a plan: “(iii) the objectives that the plan would have: “(iv) the principal measures that would be in the plan to achieve the objectives: 30 “(v) other measures that it would be reasonable to take to achieve the objectives, if there are any 35 such measures, and the reasons why the proposed “(a) “(b) “(c) 108 Biosecurity Law Reform Bill Part 1 cl 37 measures are preferable as a means of achieving the objectives: “(vi) an analysis of the benefits and costs of the pro- posed plan: “(vii) the extent to which any persons, or persons of a 5 class or description, are likely to benefit from the proposed plan: “(viii) the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems 10 proposed to be resolved by the plan: the rationale for the proposed allocation of costs: if it is proposed that the plan be funded by a levy under section 100G, how the proposed levy sat- isfies section 100G(5)(d) and what matters will 15 be specified under section 100I(1): “(ix) “(x) “(xi) whether any unusual administrative problems or costs are expected in recovering the costs allo- cated to any of the persons whom the proposed plan
 requires plan would require to pay the costs: 20 the effects that, in the opinion of the person making the proposal, implementation of the plan would have on— economic wellbeing, the environment, human “(i) health, enjoyment of the natural environment, and the relationship between Māori, their cul- 25 ture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: “(ii) the marketing overseas of New Zealand products: if the proposed plan would affect another pathway man- agement plan or
 a pest management plan, how it is pro- 30 posed to co-ordinate the implementation of the plans: the powers in Part 6 that it is proposed to use to imple- ment the plan: each proposed rule and an explanation of its purpose: the rules whose contravention is proposed to be an of- 35 fence under this Act: the management agency: the means by which it is proposed to monitor or measure the achievement of the plan’s objectives: 109 “(d) “(e) “(f) “(g) “(h) “(i) “(j) Part 1 cl 37 Biosecurity Law Reform Bill “(k) “(l) “(m) the actions that it is proposed local authorities, local au- thorities of a specified class or description, or specified local authorities may take to implement the plan, includ- ing contributing towards the costs of implementation: the basis, if any, on which the management agency is to 5 pay compensation for losses incurred as a direct result of the implementation of the proposed plan: information on the disposal of the proceeds of any re- ceipts arising in the course of implementing the pro- posed plan: 10 “(n) whether the proposed plan includes portions of road ad- joining land it covers, as authorised by section 6, and, if so, the portions of road proposed to be included: the anticipated costs of implementing the proposed plan: “(o) “(p) how it is proposed that the costs be funded: “(q) “(r) the period for which it is proposed the plan be in force: the consultation, if any, that has occurred on the pro- posal and the outcome of it: 15 “(ra) any matter that the national policy direction requires be 20 “(s) specified in a plan: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any.
25 “(2) “87A Next steps “(1) The council may act under section 90 only if the council— is satisfied as described in subsections (2) to (4); and “(a) “(b) has made the decision described in subsection (5).

If the proposal sets out a proposed rule that the council is dis- posed to accept, the council must be satisfied that the proposed 30 rule— “(a) would assist in achieving the plan’s objectives; and “(b) would not trespass unduly on the rights of individuals.
“(3) The council must be satisfied of the general matters in section 88.

35 “(4) The council must be satisfied of the consultation matters in section 89.

110 Biosecurity Law Reform Bill Part 1 cl 37 “(5) The council must decide which body is to be the management agency, applying section 96.
“88 General matters “(2) The council must be satisfied that the proposal— “(a) “(b) “(c) is not frivolous or vexatious; and is clear enough to be readily understood; and is not inconsistent with— “(i) “(ii) the national policy direction; or any other pathway management plan or pest man- agement plan; or “(iii) any regulations; or “(iv) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; and 5 10 “(d) has merit as a means of managing the subject of the plan, 15 which means the pathway or pathways; and complies with section 87(2).
“(e) 20 “(3) The council must be satisfied that each subject could spread an organism that is capable of causing at some time an adverse effect on 1 or more of the following in the region: “(a) “(b) “(c) economic wellbeing: the viability of threatened species of organisms: the survival and distribution of indigenous plants or ani- mals: the sustainability of natural and developed ecosystems, 25 ecological processes, and biological diversity: “(e) soil resources: “(f) water quality: “(g) human health: “(ga) social and cultural wellbeing: “(h) “(d) 30 the enjoyment of the recreational value of the natural environment: the relationship between Maori, their culture, and their traditions and their ancestral lands, waters, sites, waahi tapu, and taonga: animal welfare.
“(i) “(j) 35 “(4) The council must be satisfied that, for each subject,— 111 Part 1 cl 37 Biosecurity Law Reform Bill “(a) the benefits of the proposed plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and “(b) persons who are required, as a group, to meet directly the costs of implementing the proposed plan— “(i) will accrue, as a group, benefits outweighing the 5 “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed to be resolved by the plan; and 10 “(c) there is likely to be adequate funding for the implemen- tation of the proposed plan for the shorter of its pro- posed duration and 5 years.
“(5) The council must be satisfied that, if the council rejected a sim- ilar proposal within the last 3 years, new and material informa- 15 tion is now available.

“(6) The council must be satisfied that, during the development of the proposal, the process requirements for a proposed plan in the national policy direction, if there were any, were complied with.
20 “89 Consultation matters “(1A) The council must be satisfied that, during the development of the proposal,— “(a) Ministers whose responsibilities may be affected by the “(b) “(c) proposed plan were consulted; and local authorities whose responsibilities may be affected by the proposed plan were consulted; and the tangata whenua of the area who may be affected by the proposed plan were consulted through iwi author- ities and tribal runanga.
25 30 “(1B) The council must be satisfied that, if consultation with other persons was appropriate during the development of the pro- posal, sufficient consultation occurred.
In considering whether the council is satisfied as required by subsection (1B), the council must have regard to the follow- 35 ing: “(1) 112 Biosecurity Law Reform Bill Part 1 cl 37 “(a) whether the persons likely to be affected by the pro- posal or their representatives have already been con- sulted and, if so, the nature of the consultation: the scale of the impacts on persons who are likely to be affected by the proposal: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
“(b) “(c) 5 “(2) Subsections (3) and (4) apply if the council is not satisfied as required by subsections (1A) and (1B).

“(3) The council may require consultation to be undertaken on the 10 “(4) proposal.
If the council requires consultation to be undertaken, the coun- cil must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the proposal or with their representatives: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council: public notification of the proposal and the receipt of submissions.
“(b) “(c) “(5) The council must be satisfied that it has considered the issues raised in all the consultation undertaken on the proposal.
“88 Second step: satisfaction on requirements If the council is satisfied that section 87 has been complied with, the council may take the second step in the making of a plan, which is to consider whether the council is satisfied— “(a) that the proposal is not inconsistent with— the national policy direction; or “(i) any other pathway management plan or pest man- “(ii) agement plan; or “(iii) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; or “(iv) any regulations; and 113 15 20 25 30 35 Part 1 cl 37 Biosecurity Law Reform Bill “(b) “(c) “(d) the that, during the development of the proposal, process requirements for a plan in the national policy direction, if there were any, were complied with; and that the proposal has merit as a means of managing the subject of the proposal, which means the pathway or 5 pathways; and that each subject could spread an organism that is cap- able of causing at some time an adverse effect on 1 or more of the following in the region: economic wellbeing: “(i) “(ii) the viability of threatened species of organisms: “(iii) the survival and distribution of indigenous plants 10 “(iv) or animals: the sustainability of natural and developed ecosystems, ecological processes, and biological 15 diversity: “(v) soil resources: “(vi) water quality: “(vii) human health: “(viii) social and cultural wellbeing: “(ix) 20 the enjoyment of the recreational value of the natural environment: the relationship between Māori, their culture, and their
 traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga: “(x) 25 “(e) “(f) “(xi) animal welfare; and that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and that, for each subject, persons who are required, as a 30 group, to meet directly any or all of the costs of imple- menting the plan— “(i) would accrue, as a group, benefits outweighing “(ii) the costs; or contribute, as a group,
 to the creation, continu- 35 ance, or exacerbation of the problems proposed to be resolved by the plan; and 114 Biosecurity Law Reform Bill Part 1 cl 37 “(g) “(h) that, for each subject, there is likely to be adequate fund- ing for the implementation of the plan for the shorter of its proposed duration and 5 years; and that each proposed rule— “(i) would assist in achieving the plan’s objectives; 5 and “(ii) would not trespass unduly on the rights of indi- viduals; and “(i) “(j) “(k) that the proposal is not frivolous or vexatious; and that the proposal is clear enough to be readily under- 10 stood; and that, if the council rejected a similar proposal within the last 3 years, new and material information answers the council’s objection to the previous proposal.
“89 Third step: satisfaction with consultation or requirement 15 “(1) “(2) of more consultation If the council is satisfied of the matters in section 88, the council may take the third step in the making of a plan, which is for the council to consider whether the council is satisfied— “(a) that, if Ministers’ responsibilities may be affected by the 20 plan, the Ministers have been consulted; and that, if local authorities’ responsibilities may be affected by the plan, the authorities have been consulted; and that the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and 25 tribal runanga; and that, if consultation with other persons is appropriate, sufficient consultation has occurred.
“(b) “(c) “(d) In considering whether the council is satisfied as required by subsection (1)(d), the council must have regard to the fol- 30 lowing: “(a) the scale of the impacts on persons who are likely to be affected by the plan; and “(b) whether the persons likely to be affected by the plan or their representatives have already been consulted and, 35 if so, the nature of the consultation; and the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
“(c) 115 Part 1 cl 37 Biosecurity Law Reform Bill “(3) “(4) “(5) If the council is satisfied as required by subsection (1), the council must apply section 90.

If the council is not satisfied as required by subsection (1), the council may require consultation to be undertaken on the proposal.
If the council requires consultation to be undertaken, the coun- cil must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as— “(a) consultation with persons likely to be affected by the 10 plan or with their representatives: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council: public notification of the proposal and the receipt of 15 submissions.
“(b) “(c) 5 “(6) After the consultation required by the council has been under- taken, the council must apply subsection (1) again.

“90 Contents of plan Fourth step: approval of preparation of plan and decision on management agency 20 “(1) “(1) When the council has taken the steps described in section 87A, the council may approve the preparation of a plan.
If the council is satisfied as required by section 89(1) and is satisfied that the issues raised in all the consultation under- taken on the proposal have been considered, the council may 25 take the fourth step in the making of a plan, which is to ap- prove the preparation of a plan.

“(1A) If the council approves the preparation of a plan, the council must apply section 96 to decide which body is to be the man- agement agency.
30 “Matters to be specified “(2) A plan must specify the following matters: “(a) “(b) “(c) the pathway or pathways to be managed: the plan’s objectives: the principal measures to be taken to achieve the object- 35 ives: 116 Biosecurity Law Reform Bill Part 1 cl 37 “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) the means by which the achievement of the plan’s ob- jectives will be monitored or measured: the sources of funding for the implementation of the plan: the limitations, if any, on how the funds collected from 5 those sources may be used to implement the plan: the powers in Part 6 to be used to implement the plan: the rules, if any: the management agency: the actions that local authorities, local authorities of a 10 specified class or description, or specified local author- ities may take to implement the plan, including con- tributing towards the costs of implementation: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered 15 by the plan: the plan’s commencement date and, if there is one, its termination date: “(m) any other matters required by the national policy direc- tion.
“Compensation “(3) A plan— “(a) may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan: “(b) must not provide for the payment of compensation for the following losses: “(i) loss suffered because a person’s income derived from feral or wild organisms is adversely affected by the implementation of the plan: loss suffered by a person who fails to comply with the plan.
“(ii) “Rules “(4) A plan may include rules for all or any of the following pur- poses: “(a) requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records: 117 20 25 30 35 Part 1 cl 37 Biosecurity Law Reform Bill “(b) “(c) requiring the identification of specified goods: prohibiting or regulating specified methods that may be used in managing the pathway: “(d) prohibiting or regulating activities that may affect meas- “(e) “(f) “(g) “(h) “(i) “(j) 5 10 ures taken to implement the plan: requiring audits or inspections of specified actions: requiring the occupier of a place to carry out speci- fied treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway: requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway: requiring the destruction of goods in circumstances in 15 which the goods pose a risk of spreading organisms that could be spread through the pathway: prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway: prohibiting or regulating the use or disposal of organic material on the pathway: 20 “(k) prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
25 “(5) A rule may— “(a) “(b) “(c) “(e) apply generally or to different classes or descriptions of persons, places, goods, or other things: apply all the time or at 1 or more specified times of the year: apply throughout the region or in a specified part or parts of the region, with, if necessary, another rule on the same subject matter applying to another specified part of the region: specify that a contravention of the rule creates an of- 35 fence under section 154M(20).
30 118 Biosecurity Law Reform Bill Part 1 cl 37 “90A Fifth step: satisfaction on contents of plan and requirements If the council is satisfied that section 90 has been complied with, the council may take the fifth step in the making of a plan, which is for the council to consider whether the council is 5 satisfied, in relation to the plan prepared under section 90,— “(a) that the plan is not inconsistent with— the national policy direction; or “(i) any other pathway management plan or pest man- “(ii) agement plan; or 10 “(iii) a regional policy statement or regional plan pre- pared under the Resource Management Act 1991; or “(iv) any regulations; and that, for each subject of the plan, the benefits of the plan 15 outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and that, for each subject of the plan, persons who are re- quired, as a group, to meet directly any or all of the costs of implementing the plan— “(i) will accrue, as a group, benefits outweighing the 20 “(ii) costs; or contribute, as a group, to the creation, continu- ance, or exacerbation of the problems proposed to be resolved by the plan; and 25 that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and that each rule— “(i) will assist in achieving the plan’s objectives; and 30 “(ii) will not trespass unduly on the rights of individu- als.
“(b) “(c) “(d) “(e) “91 Decision on plan Sixth step: decision on plan “(1) When the council is satisfied with the content of a plan pre- pared under section 90 of the matters in section 90A, the 35 council must prepare a written report on the plan.
If the council has received submissions on the proposal, the council must— “(2) 119 Part 1 cl 37 Biosecurity Law Reform Bill “(a) set out in the report the council’s reasons for accepting or rejecting the submissions; and “(b) give a copy of the report to every person who made a submission.

“(3) The report must give the council’s decision on the plan.
“(4) The council must give public notice— 5 “(a) “(b) stating the council’s decision on the plan; and stating where the plan resulting from the council’s de- cision can be read.

“92 Application to Environment Court about plan “(1) This section applies to the plan resulting from the council’s 10 decision under section 91(3).
“(2) The following matters may be the subject of an application to the Environment Court: “(a) “(b) whether the plan is inconsistent with the national policy any aspect of the plan: direction: “(c) whether the process requirements for a proposed plan in the national policy direction, if there were any, were complied with.
15 20 “(2A) If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court: a person who made a submission on the proposal may make an application to the Environment 25 Court.

“(a) a person who participated in consultation during the preparation of the proposal: a person who made a submission on the proposal.
“(b) “(2B) If consultation on the proposal was undertaken other than by 30 way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court: “(a) a person who participated in consultation during the preparation of the proposal and whose views were pro- 35 vided or recorded in writing: 120 Biosecurity Law Reform Bill Part 1 cl 37 “(aa) a person who participated in consultation on the pro- posal and whose views were provided or recorded in writing: a person who is likely to be affected by the plan and did not participate in consultation only because the person 5 was not given an opportunity to participate.
“(3) The application must be made within 15 working days after “(b) the date of the public notice.

“(4) The application is made under section 291 of the Resource Management Act 1991 and regulations made under the Re- 10 source Management Act 1991.

“(5) The court must hold a public hearing on the application.

“(6) The court must— dismiss the application; or “(a) “(b) direct the council to modify the plan, delete a provision 15 from the plan, or insert a provision in the plan.
“93 Making of plan “(1) A plan is made by the council fixing the council’s seal to the “(2) “(3) plan.

If no person makes an application under section 92, the coun- 20 cil must make the plan.

If a person makes an application under section 92, the council must— “(a) decide whether the matter dealt with in the application is severable from the rest of the plan; and take 1 of the courses of action described in subsection (4).
“(b) “(4) The courses of action are as follows: “(a) “(a) if the matter dealt with in the application is severable from the rest of the plan, the council must— “(i) make the plan without the matter in it; and “(ii) if the Environment Court gives a direction under section 92(6)(b), comply with the direction: if the matter dealt with in the application is severable from the rest of the plan, the council must make the 35 plan without the matter in it and, after the Environment Court’s decision, do the applicable 1 of the following: 121 25 30 Part 1 cl 37 Biosecurity Law Reform Bill “(i) “(ii) if the Environment Court dismisses the applica- tion under section 92(6)(a), make the part of the plan that deals with the matter: if the Environment Court gives a direction under section 92(6)(b), comply with the direction be- 5 fore making the part of the plan that deals with the matter: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 92(6)(a), the 10 council must make the plan: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 92(6)(b), the council must comply with the direction before making the plan.
15 “(b) “(c) “(5) The council must give public notice of— “(a) “(b) “(b) the making of the plan; and the plan’s commencement date.
the plan’s commencement date or dates, as follows: “(i) “(ii) the commencement date of a plan made in the 20 circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council’s seal to the plan: the commencement dates of the parts of a plan made in the circumstances described in subsec- 25 tion (4)(a) are, for the part of the plan made first, the date on which the council fixes the council’s seal to that part and, for the part of the plan made after the Environment Court’s decision, the date on which the council fixes the council’s seal to 30 that part.
“94 Exemptions from rules “(1) The following are exempt from the requirements in rules for acts or omissions in the course of an emergency as described in subsection (1A): “(a) the New Zealand Defence Force: 35 122 Biosecurity Law Reform Bill Part 1 cl 37 “(b) a Civil Defence Emergency Management Group estab- lished under the Civil Defence Emergency Management Act 2002: the New Zealand Police: the New Zealand Fire Service: the National Rural Fire Authority: rural fire authorities: “(c) “(d) “(e) “(f) “(g) DHBs, as defined in section 6 of the New Zealand Pub- lic Health and Disability Act 2000.
“(1A) An emergency is,— 5 10 “(a) “(b) for the purposes of subsection (1)(a), an emergency relating to— “(i) a threat to New Zealand’s interests under section 5 of the Defence Act 1990: “(ii) the safety of human life: “(iii) the safety of ships or aircraft: “(iv) “(v) for the purposes of subsection (1)(b) to (g), a situation as described in paragraphs (a) and (b) of the definition of 20 emergency in section 4 of the Civil Defence Emergency Management Act 2002. the protection of the environment: equipment or facilities of high value: 15 “(2) The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
“(3) The council may grant an exemption under subsection (2) only if— “(a) “(b) the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan’s objectives; and the council is satisfied that 1 or more of the following applies: “(i) the requirement has been substantially complied with and further compliance is unnecessary: the action taken on, or provision made for, the 35 matter to which the requirement relates is as ef- fective as, or more effective than, compliance with the requirement: “(ii) 25 30 123 Part 1 cl 37 Biosecurity Law Reform Bill “(iii) the requirement is clearly unreasonable or in- appropriate in the particular case: “(iv) events have occurred that make the requirement unnecessary or inappropriate in the particular case.
5 “(4) The council may exempt all persons, a specified class of per- sons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appro- priate.

10 “(5) The council may grant an exemption under subsection (4) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
“(5A) Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no 15 more onerous than the requirement from which the exemption is granted.

“(5B) The council must determine the period of an exemption that the council grants.
“(6) The council must provide a register that— “(a) “(b) a description of the exemption; and the reasons for the exemption; and records, for each exemption granted,— “(i) “(ii) “(iii) the period of the exemption; and is available for the public to read free of charge— “(i) at the council’s offices during the council’s nor- mal office hours; or 20 25 “(ii) on an internet site maintained by or on behalf of the council.
“(7) The following apply to the extension of the period of an ex- 30 the council may grant an extension of the period; and the extension must be granted before the end of the period; and the extended period becomes the period of the exemp- 35 tion; and the council may exercise the power in paragraph (a) more than once.
emption: “(a) “(b) “(c) “(d) 124 Biosecurity Law Reform Bill Part 1 cl 37 “Implementation of plans “95 Definitions for sections 96 to 100B For the purposes of sections 96 to 100B,— “Minister or council means the Minister who recommended the making of the plan, in relation to a national pest manage- 5 ment plan and a national pathway management plan, or the re- gional council that made the plan, in relation to a regional pest management plan or a regional pathway management plan “operational plan means a plan for the implementation of— “(a) “(b) “(c) “(d) “plan means— “(a) “(b) “(c) “(d) a national pest management plan: a regional pest management plan: a national pathway management plan: a regional pathway management plan.
a national pest management plan: a regional pest management plan: a national pathway management plan: a regional pathway management plan 10 15 “96 Management agencies “(1) The management agency specified in a plan must be 1 of the 20 “(2) a department: a council: a territorial authority: a body corporate.
following bodies: “(a) “(b) “(c) “(d) In deciding which body is to be the management agency, the Minister or council must take the following into consideration: the need for accountability to those providing the funds “(a) to implement the plan; and the acceptability of the body to— “(i) “(b) those providing the funds to implement the plan; and those subject to management provisions under the plan; and “(ii) 25 30 “(c) the capacity of the body to manage the plan, including 35 the competence and expertise of the body’s employees and contractors.
125 Part 1 cl 37 Biosecurity Law Reform Bill “(2A) Subsection (3) applies if a management agency— “(a) gives the Minister or council a written notice of resig- nation; or “(b) goes into liquidation, receivership, statutory manage- ment, or voluntary administration; or ceases to exist.

“(c) “(3) The Minister or council must, as soon as practicable,— appoint another body to be the management agency; and “(a) “(b) publicly notify the appointment.
“97 Powers in Part 6 “(1) A plan must be implemented using only the powers in Part 6 specified in the plan as those to be used to implement the plan.

“(2) The management agency specified in the plan may exercise a power in Part 6 to implement the plan only if the plan provides for the agency to exercise the power.
“(3) An authorised person may exercise a power in Part 6 to imple- ment a plan only if— “(a) the authorised person is appointed for the purposes of the plan; and “(b) Part 6 gives the power to an authorised person; and “(c) the plan specifies the power as one to be used to imple- ment that plan.
5 10 15 20 “98 Operational plans “(1) A management agency must— “(a) “(b) “(c) prepare an operational plan within 3 months after the 25 commencement date specified under section 64(2)(l), 72(2)(m), 82(2)(l), or 90(2)(l); and review the operational plan annually; and decide on appropriate amendments to the operational plan, if necessary; and 30 “(d) make copies of the operational plan and every amended “(e) version available to the public at cost; and provide a copy of the operational plan and every amended version to the Minister or council.
“(2) A management agency must— 35 126 Biosecurity Law Reform Bill Part 1 cl 37 “(a) prepare a report on the operational plan and its imple- mentation not later than 5 months after the end of each financial year; and “(b) provide a copy of the report to the Minister or council.
“(3) A management agency for a regional pest management plan 5 or regional pathway management plan— “(a) may submit the report on the operational plan and its implementation for inclusion in the regional council’s annual report; and “(b) must make the report on the operational plan and its im- 10 plementation available to the public as a separate docu- ment, at cost, or as an extract from the annual report, at the cost of providing the extract.
“(4) The Minister or council may give the management agency written notice that the Minister or council intends to disallow 15 all or part of an operational plan on the ground that the Minis- ter or council believes that the whole operational plan, or the part of it, is inconsistent with the plan that the operational plan implements.
“(5) A notice under subsection (4)— 20 “(a) must be given before, or within 20 working days after, the Minister or council receives a copy of the oper- ational plan or an amended version under subsection (1)(e); and “(b) has the effect that the whole operational plan, or the part 25 of it, is of no effect; and “(c) may be revoked by a later written notice given by the Minister or council to the management agency allowing the whole operational plan or the part.
“99 Duration of plans A plan ceases to have effect when the earliest of the following occurs: “(a) “(b) the plan’s termination date is reached: the Minister or council issues a public notice declaring that the plan’s objectives have been achieved: the plan is revoked following a review under section 100.
“(c) 30 35 127 Part 1 cl 37 Biosecurity Law Reform Bill “100 Review of plans “Reasons for reviews “(1) The Minister or council must initiate a review of a plan as a whole if— “(a) the plan is due to terminate in less than 12 months and 5 the Minister or council proposes to extend the plan’s duration; or the plan is due to terminate in less than 12 months and a person submits a proposal to the Minister or council to extend the plan’s duration; or the plan was last reviewed as a whole more than 10 years previously.
10 “(b) “(c) “(2) The Minister or council may review the whole or part of a plan if the Minister or council has reason to believe— “(a) that the plan or part is failing to achieve its objectives; 15 or that relevant circumstances have changed since the plan or part commenced.
“(b) “(3) The Minister or council must review a plan or a relevant part of a plan if— “(a) circumstances occur that are circumstances in which the national policy direction requires a review to be con- ducted; or any other requirement of the national policy direction requires a review to be conducted.

“(b) 20 25 “Proposal for review “(4) A review is initiated by a proposal made by the Minister or council or any other person.
“(5) The proposal— “(a) must state whether the proposal is to amend, revoke, 30 revoke and replace, or leave unchanged the plan or part of the plan; and “(b) must give reasons for the proposal; and “(c) must,— “(i) if the proposal is to amend the plan or part of the 35 plan, set out any proposed amendments in full; or 128 Biosecurity Law Reform Bill Part 1 cl 37 “(ii) if the proposal is to revoke and replace the plan or part of the plan, set out the replacement plan or part; and “(d) must comply with section 61, 69, 79, or 87 to the extent to which the sections are relevant and reading in 5 any necessary modifications; and “(e) may propose that a pest or pathway, as appropriate, be added to the plan, whether or not the review is of the whole plan.
“Provisions applying to reviews “(6) Reviews are conducted under the following sections to the ex- tent to which they are relevant and reading in any necessary modifications: “(a) sections 59 to 66, for a national pest management plan: 10 15 “(b) sections 67 to 76, for a regional pest management “(c) plan: sections 77 to 84, for a national pathway management plan: “(d) sections 85 to 94, for a regional pathway manage- 20 ment plan.
“Action after review “(8) Following the review, the Minister or council may approve— “(a) “(b) “(c) “(d) the amendment of the plan or part of the plan; or the revocation and replacement of the plan or part of the 25 plan; or the revocation of the plan or part of the plan; or the leaving unchanged of the plan or part of the plan.
“(9) A plan that reaches its termination date during a review that has begun continues in force and its future is determined by the 30 action that the Minister or council approves under subsection (8).

“Consequence of not complying with section “(10) A plan does not cease to be in force only because it is not reviewed as required by this section.
35 129 Part 1 cl 37 Biosecurity Law Reform Bill “100AA Review of plans after national policy direction made approved, amended, or revoked and replaced “(1) This section applies when the national policy direction is— “(a) made approved by the Governor-General under sec- tion 57: amended under section 58(1): revoked and replaced under section 58(3).

“(b) “(c) In this section, references to the direction mean the national policy direction as made approved by the Governor-General, amended, or replaced.
5 10 “(2) “(4) “(3) The Minister or council must determine whether a plan is in- consistent with the direction and must do so within the timing requirements in the direction, if there are any.
If a plan is inconsistent with the direction but the changes to the plan necessary to resolve the inconsistency would not have 15 a significant effect on any person’s rights and obligations, the Minister or council must act under section 100B and must do so within the timing requirements in the direction, if there are any.
If the plan is inconsistent with the direction and the changes 20 to the plan necessary to resolve the inconsistency would have a significant effect on any person’s rights and obligations,— “(a) the Minister or council must initiate a review to address the inconsistency under section 100(4) within the tim- ing requirements in the direction, if there are any; and “(5) 25 “(b) section 100(5) to (10) apply.
“100A Application to Environment Court if regional plan not reviewed “(1) This section applies if a regional pest management plan or a re- gional pathway management plan is not reviewed as required 30 by section 100(3) or 100AA.

“(2) A person may apply to the Environment Court for a declaration of on the basis that there is an inconsistency between the na- tional policy direction and the regional pest management plan or the regional pathway management plan.
35 130 Biosecurity Law Reform Bill Part 1 cl 37 “(3) The application is made under section 291 of the Resource Management Act 1991 and regulations made under the Re- source Management Act 1991.

“(4) The court must hold a public hearing on the application.

“(5) The court must— dismiss the application; or “(a) “(b) direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.

“(6) The council must comply with a direction under subsection (5)(b).
5 10 “100B Minor changes to plans “National pest management plan or national pathway management plan “(1) The Minister may recommend to the Governor-General the amendment of a national pest management plan or a national 15 pathway management plan by Order in Council without a re- view under section 100, if the Minister is satisfied that the amendment— “(a) does not have a significant effect on any person’s rights and obligations; and is not inconsistent with the national policy direction.
“(b) “(2) The Governor-General may make the order.

“(3) The order — “(a) “(b) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.
“Regional pest management plan or regional pathway management plan “(4) A regional pest management plan or a regional pathway man- 30 agement plan may be amended from time to time by a coun- cil by resolution without a review under section 100, if the council is satisfied that the amendment— “(a) does not have a significant effect on any person’s rights and obligations; and is not inconsistent with the national policy direction.
“(b) 35 131 20 25 Part 1 cl 37 Biosecurity Law Reform Bill “Councils’ powers and duties relating to regional plans “100C Councils’ powers and duties “(1) This section applies to— “(a) “(b) a regional pest management plan: a regional pathway management plan.

5 “(2) The Local Government Act 2002 applies to the implementa- tion of a plan by a council.
“(3) A council must not delegate— “(a) “(b) “(c) the power to determine the ways in which consultation 10 must be undertaken; or the power to make, review, amend, or revoke a plan; or the power to declare a small-scale management pro- gramme.

“(4) Two or more councils may prepare a plan jointly and, if they 15 do, must each make it.
“(5) The following provisions apply to a plan prepared jointly and made by each council: “(a) “(b) “(c) 20 the councils must state in the plan whether it must be implemented by 1, some, or all of them: if the plan must be implemented by 1 council, this Act and the plan have effect as if the regions of the councils are a single region with that council as the single coun- cil: if the plan must be implemented by some or all of the 25 councils,— “(i) the plan must state the extent to which the coun- cils are empowered to implement it outside their own regions; and this Act and the plan have effect as stated in the 30 plan: “(ii) “(d) each council retains its power to amend or revoke the plan it has made.
“(6) The council must provide 1 copy of each plan made by the council to every public library in its area.

35 132 Biosecurity Law Reform Bill Part 1 cl 37 “Compensation “100D Compensation “(1) This section applies to a pest management plan.
“(2) Subsection (3) applies when— “(a) a person owns— “(i) 5 domesticated organisms infected by a pest to which a pest management plan applies; or “(ii) domesticated organisms that are pest agents for a pest to which a pest management plan applies; or “(iii) domesticated organisms whose feral or wild 10 population is a pest to which a pest management plan applies; and “(b) “(c) some or all of the organisms are necessarily destroyed in the course of implementing the plan; and there are net proceeds available from the disposal of the 15 organisms destroyed.
“(3) The net proceeds— “(a) must be paid to the owner if the plan does not provide for the payment of compensation to the owner of organ- isms destroyed: “(b) must be paid to the owner instead of compensation if the compensation payable to the owner under the plan is less than the proceeds: “(c) must be retained by the management agency in any other case.
“(4) If there is a dispute about eligibility for, or the amount of, compensation,— “(a) “(b) the dispute must be submitted to arbitration; and the arbitration must be conducted under the Arbitration Act 1996.

“Funding of implementation of plans “100E Definitions for sections 100F to 100N For the purposes of sections 100F to 100N, plan means— “(a) “(b) “(c) “(d) a national pest management plan: a regional pest management plan: a national pathway management plan: a regional pathway management plan.
20 25 30 35 133 Part 1 cl 37 Biosecurity Law Reform Bill “100F Limitation on expenditure A management agency must not spend funds to meet the costs of implementing a plan in contravention of the limitations, if any, that the plan imposes on the expenditure of funds.

“Funding from levy 5 “100G Levy orders “(1) The Governor-General may impose a levy for the purposes of wholly or partly funding the implementation of a plan or part of a plan.

“(2) The levy is payable to the plan’s management agency.
“(3) A levy may be imposed only by Order in Council.

“(4) A levy order may be made only on the recommendation of a 10 Minister.
“(5) The Minister may make a recommendation only if satisfied, on the basis of information and evidence that the Minister regards 15 as satisfactory, that— “(a) persons likely to be affected by the payment or collec- tion of the levy have been consulted; and “(b) persons opposing the levy’s imposition have had a rea- “(c) “(d) sonable opportunity to put their views to the Minister; 20 and all views put to the Minister about the proposed impos- ition of the levy have been given due regard; and the imposition of the levy is the most appropriate means of funding the plan or the part of the plan, having regard 25 to the extent to which the levy would target— “(i) persons likely to benefit from the implementation of the plan or the part of the plan; and “(ii) persons who by their activities or inaction con- tribute to the creation, continuance, or exacerba- 30 tion of the problems proposed to be resolved by the plan or the part of the plan; and “(e) if the levy is imposed on quantities of a commodity im- ported, its imposition will not constitute a non-tariff bar- rier and will not be contrary to New Zealand’s inter- 35 national legal obligations; and 134 Biosecurity Law Reform Bill Part 1 cl 37 “(f) “(g) the management agency will have in place adequate systems of accounting to persons who will be respon- sible for paying the levy; and all other relevant matters known to the Minister have been properly considered.
“(6) A levy order may be made from time to time.

“(7) The order— “(a) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- 10 tions Publication Act 1989.

“(b) 5 “100H Effect of order “(1) A person responsible for paying a levy set by a levy order must pay it.

“(2) The management agency may recover a levy from a person 15 responsible for paying it as a debt due in a court of competent jurisdiction.
“100I Contents of order “(1) A levy order must specify— “(a) “(b) “(c) “(d) “(e) how the levy may be spent; and the persons responsible for paying the levy; and the persons, if any, exempt from paying the levy; and the basis on which the amount of levy must be calcu- lated or ascertained; and on the rate of levy,— “(i) whether there is to be a single rate or 2 or more “(ii) different rates; and if there are to be 2 or more different rates, the things to which the different rates apply; and 20 25 “(iii) the maximum for each rate or rates; and “(iv) how the management agency must set the actual 30 “(i) rate or rates of levy; and how the rate or rates of the levy and variations of the rate or rates must be notified; and “(f) when and how the levy must be paid; and “(g) “(h) on the matter of a fee for recovery,— the persons responsible for collecting the levy; and 35 135 Part 1 cl 37 Biosecurity Law Reform Bill “(i) whether or not the persons responsible for col- lecting the levy are entitled to charge a fee for recovering it; and if so, the amount of the fee or a means by which its amount may be calculated or ascertained; and 5 “(ii) “(i) “(j) for the purpose of ascertaining whether or not the order is being complied with,— “(i) the keeping of accounts, statements, and records of a specified class or description by all or any of the persons responsible for collecting the levy, 10 the persons responsible for paying it, and the management agency; and the retention of the accounts, statements, or records for a
 specified period; and “(ii) the appointment of arbitrators; and the procedures to be followed by arbitrators; and for the purpose of resolving disputes about whether or 15 not a person is required to pay the levy and the amount of levy a person is required to pay,— “(i) “(ii) “(iii) the remuneration of arbitrators; and the payment of arbitration costs; and “(iv) a right of appeal to a District Court Judge against “(v) decisions of arbitrators; and the procedures governing the exercise of the right of appeal; and
 “(vi) 25 20 “(vii) any other matters relating to the resolution of disputes; and “(l) the remuneration payable to an auditor appointed under section 100K.
“(2) A levy order may specify— 30 “(a) “(b) the returns to be made to the management agency or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable: the circumstances in which, and conditions subject to 35 which, persons may be allowed extensions of time for the payment of the levy: 136 Biosecurity Law Reform Bill Part 1 cl 37 “(c) “(d) “(e) a method of paying the levy that may be used by per- sons who object on conscientious or religious grounds to paying the levy in the manner provided in the order: a requirement for the payment of additional or increased amounts of levy when amounts of levy originally 5 payable have been paid late, paid in part, or not paid at all: a requirement for the funds from which levy payments must be made to the management agency to be held on trust in a separate account.
10 “(3) A levy order may— set a rate or rates initially at zero; or “(a) “(b) provide for a rate or rates to be set at zero.

“100J Trust accounts for levy money “(1) This section applies if a levy order specifies a requirement that 15 the funds from which levy payments must be made to the man- agement agency must be held on trust in a separate account.
“(2) For the purposes of this section, the amount outstanding to the management agency on a day by a person responsible for col- lecting the levy is calculated by subtracting the total of the levy 20 payments that the person makes before that day to the manage- ment agency from the total of the amounts that subsection (4) requires the person to deposit in the account not later than a day before that day.
“(3) A person responsible for collecting the levy must— 25 “(a) “(b) “(c) keep an account— “(i) at a registered bank within the meaning of the Reserve Bank of New Zealand Act 1989; and “(ii) named in a way that identifies it as a trust account kept by the person responsible for collecting the 30 levy; and take all practicable steps to ensure that the account is used for holding only the amounts that subsection (4) requires to be deposited in it; and take all practicable steps to ensure that the balance in 35 the account on any day is not less than the amount out- standing to the management agency on that day by the person; and 137 Part 1 cl 37 Biosecurity Law Reform Bill “(d) on ceasing to be a person responsible for collecting the levy, continue to keep the account until all the levy money payable to the management agency for the period during which the person was responsible for collecting the levy has been paid.
“(4) A person responsible for collecting the levy must deposit amounts in the account by depositing an amount equal to the levy, calculated as specified in the levy order, in the account— “(a) on the day or days specified in the order; or “(b) on a day or days calculated as specified in the order.
“(5) The following amount in the account is held on trust for the 5 10 management agency as levy money: “(a) the amount outstanding to the management agency on a day by a person responsible for collecting the levy; or if the amount held is less than the amount outstanding, 15 all the money in the account.
“(b) “(6) The amount in the account held on trust for the management agency— “(a) “(b) is not available for the payment of any other creditor of a person responsible for collecting the levy; and is not liable to be attached or taken in execution at the instance of any other creditor of a person responsible for collecting the levy.

“100K Compliance audits for levy “(1) This section applies while a levy order is in force.
“(2) If the management agency requests the Minister who recom- mended the making of the levy order to do so, the Minister may appoint 1 or more auditors to conduct an audit of the af- fairs of all or any of the following: “(a) 1 or more of the persons responsible for collecting the 30 levy: “(b) 1 or more of the persons responsible for paying the levy.
“(3) The purpose of the audit is to ascertain the following matters, to the extent to which they are relevant to the affairs being audited and to which it is practicable to ascertain them, and to 35 report to the Minister on them: 138 20 25 Biosecurity Law Reform Bill Part 1 cl 37 “(a) “(b) “(c) “(d) “(e) “(f) the extent to which persons responsible for paying the levy are doing and have done so: the extent to which appropriate amounts of levy are be- ing and have been paid: the extent to which appropriate amounts of levy are be- 5 ing and have been collected: the extent to which appropriate amounts of the levy are being and have been paid to the management agency by the persons collecting the levy: the extent to which accounts, statements, and records 10 are being and have been kept: the extent records kept are properly kept.
to which the accounts, statements, and “(4) If an arbitrator has been appointed to resolve a dispute, the Minister may appoint an auditor to conduct an audit of all or 15 any of the persons involved in the dispute.

“(5) The purpose of the audit is to ascertain the matters of fact that are in dispute, to the extent to which it is practicable to as- certain them, and report them to the arbitrator, the persons in- volved, and the Minister.
“(6) A person is qualified for appointment as an auditor only if the person is— “(a) “(b) a chartered accountant within the meaning of the New Zealand Institute of Chartered Accountants Act 1996; or a member, fellow, or associate of an association of ac- countants that is— “(i) constituted in a Commonwealth country outside New Zealand; and approved to audit company financial statements 30 by the Minister of the Crown responsible under a warrant or as authorised by the Prime Minis- ter for the administration of the Companies Act 1993; and “(ii) “(iii) named as approved under subparagraph (ii) in 35 a notice published in the Gazette and current at the time of the appointment.
“(7) No officer or employee of any of the following may be ap- pointed an auditor: 139 20 25 Part 1 cl 37 Biosecurity Law Reform Bill “(a) “(b) “(c) the management agency: a person responsible for collecting the levy: a person responsible for paying the levy.

“(8) A person appointed as an auditor is entitled to receive from the management agency the remuneration provided for in the 5 order.
“100L Power of auditors to require production of documents “(1) This section applies to an auditor appointed under section 100K.
“(2) The Minister may authorise the auditor, for the purposes of 10 conducting an audit, to— “(a) require the management agency, a person responsible for collecting the levy, a person responsible for paying the levy, or an employee or officer of any of the preced- ing 3 persons to produce for inspection in a reasonable 15 period specified by the auditor documents that— “(i) “(ii) are accounts, statements, or records; and are required to be kept by this Act or a levy order; and “(iii) are in the possession or under the control of the 20 management agency or person; and take copies of or extracts from the documents.
“(b) “(3) An authorisation under subsection (2) must— “(a) “(b) “(c) “(d) “(e) be written; and state the auditor’s full name; and refer to this section; and state the powers conferred on the auditor; and state whether the powers are conferred specifically or generally.

“(4) The auditor may act under the authorisation.
“(5) The auditor must not disclose any information the auditor ob- tains as a result of acting under the authorisation to any other person, except that the auditor may disclose information— “(a) “(b) “(c) “(d) under section 100K(3) or (5): to a Minister: to a person authorised by a Minister to receive it: for the purposes of a prosecution under this Act: 25 30 35 140 Biosecurity Law Reform Bill Part 1 cl 37 “(e) for the purposes of an action for the recovery of an amount due under this Act.
“(6) The Official Information Act 1982 applies to information held by a Minister that was obtained under this section.
“100M Management agency to account for levy “(1) As soon as practicable after the end of a financial year in which a levy has been paid to a management agency, the agency must prepare the following for the year: “(a) “(b) “(c) “(d) a statement of the money paid to the agency as levy in the year: a statement of the assets the agency has at the end of the year as a result of money paid as levy in the year: a statement of the agency’s receipt and expenditure of money paid as levy in the year: all other statements necessary to show fully— “(i) the agency’s financial position as a result of money paid as levy in the year; and the financial results of all of the agency’s activ- ities involving the use of the money paid as levy in the year or the use of assets the agency has at 20 the end of the year as a result of money paid as levy in the year.
“(ii) 5 10 15 “(2) The management agency must ensure that the statements are audited within 5 months after the end of the year.
“100N Orders to be confirmed “(1) Subsection (2) applies to a levy order that— “(a) “(b) “(c) is made on or after 1 January and before 1 July in the same year; and is not revoked with effect before or on 1 July in the next year; and is not stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and “(d) will not be stopped from having effect before or on 1 25 30 July in the next year by the application of section 5 of 35 the Regulations (Disallowance) Act 1989.
141 Part 1 cl 37 Biosecurity Law Reform Bill “(2) The order is deemed to have been revoked at the close of 30 June in the next year unless it has been confirmed by an Act of Parliament passed before or on that day.
“(3) Subsection (4) applies to a levy order that— “(a) “(b) “(c) is made on or after 1 July and before or on 31 December 5 in the same year; and is not revoked with effect before or on 1 January in the year after the next year; and is not stopped from having effect before or on 1 Janu- ary in the year after the next year by the application of 10 section 5 of the Regulations (Disallowance) Act 1989; and “(d) will not be stopped from having effect before or on 1 January in the year after the next year by the applica- tion of section 5 of the Regulations (Disallowance) Act 15 1989.
“(4) The order is deemed to have been revoked at the close of 31 December in the year after the year in which it was made un- less it has been confirmed by an Act of Parliament passed be- fore or on that day.
20 “Funding from rates “100O Regional pest management plan or regional pathway management plan “(1) A regional council must decide the extent to which it should fund the implementation of its regional pest management plan 25 or its regional pathway management plan from a general rate, a targeted rate, or a combination of both, set and assessed under the Local Government (Rating) Act 2002.
In making the decision, the council must have regard to— “(a) the extent to which the plan relates to the interests of the 30 occupiers of the properties on which the rate would be levied: the extent to which the occupiers of the properties on which the rate would be levied will obtain direct or in- direct benefits from the implementation of the plan: the collective benefits of the implementation of the plan to the occupiers of the properties on which the rate “(b) “(c) 35 “(2) 142 Biosecurity Law Reform Bill Part 1 cl 37 “(d) “(e) would be levied compared with the collective costs to them of the rate: for the regional pest management plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are put 5 contribute to the presence or prevalence of the pest or pests covered by it: for the regional pathway management plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are 10 put contribute to the actual or potential risks associated with the pathway.
“100P National pest management plan or national pathway management plan Section 100O does not limit or affect the powers of a coun- 15 cil under the Local Government (Rating) Act 2002 to set and assess rates for the purpose of exercising a power that this Act confers on the council in relation to— “(a) national pest management plans; or “(b) national pathway management plans; or “(c) small-scale management programmes.
20 “Small-scale management programmes “100Q Regional council may declare small-scale management programme “(1) A regional council may declare a small-scale management 25 programme consisting of— “(a) small-scale measures to eradicate or control an un- wanted organism; and “(b) provisions for compensation for losses caused by the programme.
30 “(2) The council may declare the programme if satisfied that— “(a) an unwanted organism present in the region could cause serious adverse and unintended effects unless early ac- tion is taken to control it; and 143 Part 1 cl 37 Biosecurity Law Reform Bill “(b) the organism can be eradicated or controlled effectively by small-scale measures within 3 years of the measures starting, because— “(i) “(ii) its distribution is limited; and technical means to control it are available; and 5 “(ba) the programme is not inconsistent with the national pol- icy direction; and “(c) “(bb) the process requirements in the national policy direction for declaring the programme, if there were any, were complied with; and the taking of the measures and, if necessary, payment of compensation is likely to cost less than an amount prescribed for the purposes of this section by the Gov- ernor-General by Order in Council; and the taking of the measures is unlikely to result in sig- 15 nificant monetary loss to any person, other than a per- son who has contributed to the presence or spread of the organism by failing to comply with biosecurity law.
“(d) 10 “(3) The council may— “(a) include in the programme provision for a person other 20 than the council to take steps to bring an organism under control; and “(b) meet all or some of the costs to the person of taking the steps.

“(4) The council declares the programme by giving public notice 25 in a manner appropriate to the distribution of the organism and the persons likely to be affected by the programme.
“(5) The public notice must specify— “(a) “(b) “(c) the unwanted organism that is the subject of the pro- gramme; and the objectives of the programme; and the powers to be exercised under Part 6 to implement the programme.
“(6) A programme ceases to have effect on the occurrence of the earliest of the following: “(a) the regional council declares by public notice that the programme is failing to control the organism: the regional council declares by public notice that the organism has been eradicated or controlled: “(b) 144 30 35 Biosecurity Law Reform Bill Part 1 cl 37 “(c) 5 years have passed after the declaration of the pro- gramme.
“100R Exercise of powers under programme “(1) A small-scale management programme must be implemented using only the powers in Part 6 specified in the public notice.

“(2) An authorised person may exercise a power in Part 6 to imple- 5 ment a programme only if— “(a) the authorised person is appointed for the purposes of the programme; and “(b) Part 6 gives the power to an authorised person; and “(c) the public notice specifies the power as one to be used to implement the programme.
10 “(3) An occupier of a place on which work is to be done to imple- ment the programme must receive a notice as follows: “(a) the notice must incorporate the details in the public no- 15 tice: the notice must specify the work to be done: the notice must be received not less than 5 working days before the work is due to start.
“(b) “(c) “(4) Subsection (3) does not apply if the regional council is sat- 20 isfied that there are reasonable grounds to believe that the un- wanted organism may spread beyond the place before the end of 5 working days.
“Part 5A “Government/industry agreement for readiness or response 25 “100S Purpose of Part 5A The purpose of this Part is to provide a framework that enables the government and industry to achieve the best possible out- comes from readiness or response activities by agreeing to— 30 “(a) work together to make joint decisions on the activities; “(b) and jointly fund the costs of the activities in shares based on the public benefits and industry benefits that the activ- ities deliver.
35 145 Part 1 cl 37 Biosecurity Law Reform Bill “100S Purpose of Part 5A The purpose of this Part is to provide a framework that enables the government and industry to work together in partnership to achieve the best possible outcomes from readiness or response activities by— “(a) making joint decisions on the activities; and “(b) jointly funding the costs of the activities in shares that take into account the public benefits and industry bene- fits that the activities deliver.
“100T Definitions for Part 5A “(1) 5 10 In this Part,— “agreement means the government/industry agreement for readiness or response “government/industry agreement for readiness or re- sponse means the agreement described in section 100U “industry organisation means an organisation described in section 100V “payee means the person to whom the levy is payable under section 100X(2) “readiness or response activity means a readiness activity or 20 a response activity “readiness or response levy order means an Order in Council made under section 100W “sector means a group made up of businesses— “(a) 15 that are engaged in 1 or more of the following activities: 25 “(i) producing animals: “(ii) producing animal products: “(iii) harvesting animals: “(iv) harvesting animal products: “(v) producing plants: “(vi) producing plant products: “(vii) harvesting plants: “(viii) harvesting plant products: “(ix) processing animals, animal products, plants, or 30 plant products that have been produced or har- 35 vested; or 146 Biosecurity Law Reform Bill Part 1 cl 37 “(b) that, although engaged in a different activity from any of those described in paragraph (a), would benefit di- rectly from readiness or response activities.
“(2) A readiness activity means an activity undertaken to prepare to prevent or reduce the impact that an unwanted organism that 5 is not present in New Zealand would have if it were to enter New Zealand.

“(3) A response activity means an activity undertaken— “(a) “(b) after an event described in subsection (3A); and for a purpose described in subsection (3B).
10 “(3A) The events are— “(a) “(b) “(c) the detection of an unwanted organism not previously known to be present in New Zealand: the appearance of different effects of an unwanted or- ganism known to be present in New Zealand and cap- 15 able of being eradicated: the development of new control methods that could make it possible to eradicate an unwanted organism known to be present in New Zealand.
“(3B) The purposes are— “(a) “(b) “(c) “(d) “(e) to investigate the unwanted organism: to minimise the impact of the unwanted organism on natural and physical resources, human health, and over- seas market access for New Zealand products: to control the spread of the unwanted organism: to reduce the geographical distribution of the unwanted organism: to eradicate the unwanted organism.
20 25 “(4) A response activity ends when— “(a) “(b) “(c) the unwanted organism is confirmed to be eradicated; 30 or long term arrangements for controlling the unwanted organism have been developed for implementation; or the decision-makers for the response activity decide that it is appropriate to take no action, or no further action, 35 on the unwanted organism.
147 Part 1 cl 37 Biosecurity Law Reform Bill “100U Government/industry agreement for readiness or response “(1) The government/industry agreement for readiness or response is the agreement described in this section.

“(2) The agreement consists of— “(a) a deed between the Director-General and 1 or more in- dustry organisations; and “(b) 1 or more operational arrangements, made under the deed, between the Director-General and 1 or more of the other parties to the deed.
“(2) The agreement is made by deed between the Director-General 5 10 and 1 or more industry organisations.

“(2A) The agreement consists of,— “(a) “(b) for a party to the deed that makes an operational agree- ment with the Director-General, the deed and the oper- 15 ational agreement: for a party to the deed that does not make an operational agreement with the Director-General, the deed.
“(3) The agreement may include provisions on 1 or more of the following matters: “(a) the unwanted organisms against which the parties wish to undertake readiness or response activities: “(aa) readiness or response activities that the parties have 20 “(b) “(c) agreed to undertake: joint decision-making on the readiness or response ac- 25 tivities that the parties wish to undertake: the sharing of the costs of the readiness or response ac- tivities, which may include decisions on matters such as— “(i) the proportions in which the parties will share the 30 costs: the methods by which each party will provide its share of the costs: “(ii) “(iv) whether a cap will be imposed on a party’s liabil- ity to meet costs: 35 “(iv) whether or not an industry party will limit its liability to meet costs by setting a fiscal cap: the variation of the compensation provisions in section 162A, subject to the restriction that the Director-Gen- “(d) 148 Biosecurity Law Reform Bill Part 1 cl 37 eral may agree to vary the compensation provisions only if satisfied that the alternative provisions are un- likely to discourage early reporting of unwanted organ- isms or reduce the level of cooperation with readiness or response activities: 5 “(da) how the parties will engage on issues relating to parts of the biosecurity system other than readiness or response activities: any other matter that the parties agree on.
“(e) “(4) The exercise of a statutory power under this Act cannot be 10 challenged on the ground that it was the result of a joint deci- sion under the agreement.

“(4) Subsection (5) applies to the exercise of a statutory power under— “(a) “(b) this Act; or any other Act that confers powers to carry out readiness or response activities as defined in this Act.

“(5) The exercise of the power cannot be challenged on the ground that it was the result of a joint decision under the agreement.
15 “100V Industry organisation “(1) An industry organisation is an organisation named in a notice 20 “(2) published under subsection (2).

If the Minister is satisfied that an organisation meets the cri- teria in subsections (3), (4), (6), (7), and (9), the Minister must publish a notice in the Gazette stating that the organisa- 25 tion named in the notice represents the sector specified in the notice for the purposes of this Part.

“(3) The organisation must be a body corporate.


“(4) The organisation must represent the interests of a sector.
“(5) In deciding whether an organisation represents the interests of 30 a sector, the Minister may include the following among the factors that the Minister takes into account: “(a) whether membership of the organisation is open to all producers who comprise the sector that the organisation claims to represent: the proportion of the producers who comprise the sector that are members of the organisation: “(b) 35 149 Part 1 cl 37 Biosecurity Law Reform Bill “(a) whether the businesses that comprise the sector that the organisation claims to represent are able to be members of the organisation or another body that is a member of the organisation: the proportion of businesses that comprise the sector 5 that are members of the organisation or another body that is a member of the organisation: how accountable the executive of the organisation is to members of the organisation.
“(b) “(c) “(6) The organisation must have consulted the sector that would be 10 affected by the organisation becoming a party to the agreement about the following matters: “(a) the proposal that the organisation become a party to the agreement; and the way in which it is proposed that the sector’s views 15 will be represented by the organisation during joint de- cision-making under the agreement; and the arrangements proposed to fund the organisation’s commitments under the agreement.
“(b) “(c) “(7) The organisation must have had due regard to the views ex- 20 “(8) pressed during the consultation.

In deciding whether an organisation has had due regard to the views expressed during the consultation, the Minister must also have regard to the views expressed during the consult- ation.

“(9) The organisation must— “(a) have arrangements in place to fund its commitments under the agreement; or “(b) have an adequate plan as to how it is going to fund its commitments under the agreement.
25 30 “100W Readiness or response levy orders “(1) The Governor-General may impose a levy for the purpose of wholly or partly funding an industry organisation’s commit- ments under the agreement.

“(2) The levy may be imposed on a sector represented by an indus- 35 try organisation that is a party to the agreement.

“(3) A levy may be imposed only by Order in Council.

150 Biosecurity Law Reform Bill Part 1 cl 37 “(4) A levy order may be made only on the recommendation of the responsible Minister.
“(5) A levy order may be made from time to time.

“(6) A levy order “(a) is a regulation for the purposes of the Regulations (Dis- 5 allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.

“(b) “100W Readiness or response levy orders “(1) The Governor-General may impose a levy for the purposes of 10 wholly or partly funding an industry organisation’s commit- ments under the agreement.

“(2) A levy may be imposed only by Order in Council.
“(3) A levy order may be made only on the recommendation of the responsible Minister.

“(4) A levy may be imposed on a sector specified in a Gazette no- “(5) tice under section 100V.
In addition, the levy may be imposed on persons outside a sector specified in a Gazette notice under section 100V if— “(a) the Minister is satisfied that— “(i) the persons are represented by an industry organ- isation that is a party to the agreement; and the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and “(ii) 15 20 25 “(b) “(iii) the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive; or the Minister is satisfied that— “(i) the levy is the most effective and efficient means 30 of collecting funds from the sector that the organ- isation represents; and it is not practicable to exclude the persons from the application of the levy; and “(ii) “(iii) the persons are likely to receive benefits from the 35 readiness or response activities to be funded from the levy; and 151 Part 1 cl 37 Biosecurity Law Reform Bill “(iv) the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive.
“(6) The Minister must not recommend that a levy order be made unless satisfied that the proposed levy payers have been con- 5 sulted and their views taken into account.

“(7) For the purposes of subsection (6), the Minister may be sat- isfied by consultation undertaken under section 100V(6).

“(8) A levy order may be made from time to time.


“(9) A levy order— 10 “(a) “(b) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.

“100X Effect of order “(1) This section applies to a levy imposed by a readiness or re- 15 sponse levy order.

“(2) The levy may be payable to— the Director-General; or the industry organisation.
“(a) “(b) If the levy is payable to the industry organisation, it is payable to enable the organisation to meet its commitments under the agreement.

“(3) 20 “(4) A person responsible for paying the levy must pay it.

“(5) The payee may recover a levy from a person responsible for 25 paying it as a debt due in a court of competent jurisdiction.
“100Y Contents of order “(1) A readiness or response levy order must specify— how the levy may be spent; and the persons responsible for paying the levy; and the persons, if any, exempt from paying the levy; and “(a) “(b) “(c) “(ca) the basis on which the amount of levy must be calcu- 30 lated or ascertained; and “(d) on the rate of levy,— “(i) whether there is to be a single rate or 2 or more 35 different rates; and 152 Biosecurity Law Reform Bill Part 1 cl 37 “(ii) if there are to be 2 or more different rates, the things to which the different rates apply; and “(iii) the maximum for each rate or rates; and “(v) the setting of the actual rate by the payee so that the industry organisation can meet its commit- 5 ments under the agreement; and “(vi) how the rate or rates of the levy and variations of the rate or rates must be notified; and “(f) when and how the levy must be paid; and “(g) “(h) on the matter of a fee for recovery,— the persons responsible for collecting the levy; and 10 “(j) “(k) “(ii) “(i) whether or not the persons responsible for col- lecting the levy are entitled to charge a fee for recovering it; and if so, the amount of the fee or a means by which 15 its amount may be calculated or ascertained; and for the purpose of ascertaining whether or not the order is being complied with,— “(i) the keeping of accounts, statements, and records of a specified class or description by all or any 20 of the persons responsible for collecting the levy, the persons responsible for paying it, and the payee;
 and the retention of the accounts, statements, or records for a specified period; and “(ii) 25 the appointment of arbitrators; and the procedures to be followed by arbitrators; and 30 for the purpose of resolving disputes about whether or not a person is required to pay the levy and the amount of levy a person is required to pay,— “(i) “(ii) “(iii) the remuneration of arbitrators; and the payment of arbitration costs; and “(iv) a right of appeal to a District Court Judge against “(v) decisions of arbitrators;
 and the procedures governing the exercise of the right 35 of appeal; and “(vi) “(vii) any other matters relating to the resolution of disputes; and 153 Part 1 cl 37 Biosecurity Law Reform Bill “(l) the remuneration payable to an auditor appointed under section 100ZA.
“(2) A readiness or response levy order may specify— “(a) “(b) “(c) “(d) “(e) the returns to be made to the payee for the purpose of enabling or assisting the determination of amounts of 5 levy payable: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of the levy: a method of paying the levy that may be used by per- 10 sons who object on conscientious or religious grounds to paying the levy in the manner provided in the order: a requirement for the payment of additional or increased levy when amounts of levy originally payable have been paid late, paid in part, or not paid at all: a requirement for the funds from which levy payments must be made to the payee to be held on trust in a sep- arate account.
15 “(3) A readiness or response levy order may— “(a) set a rate or rates initially at zero; or “(b) provide for a rate or rates to be set at zero.

20 “100Z Trust accounts for levy money “(1) This section applies if a readiness or response levy order spe- cifies a requirement that the funds from which levy payments must be made to the payee must be held on trust in a separate 25 account.
“(2) For the purposes of this section, the amount outstanding to the payee on a day by a person responsible for collecting the levy is calculated by subtracting the total of the levy payments that the person makes before that day to the payee from the total of 30 the amounts that subsection (4) requires the person to deposit in the account not later than a day before that day.
“(3) A person responsible for collecting the levy must— “(a) keep an account— “(i) at a registered bank within the meaning of the 35 Reserve Bank of New Zealand Act 1989; and 154 Biosecurity Law Reform Bill Part 1 cl 37 “(ii) named in a way that identifies it as a trust account kept by the person responsible for collecting the levy; and “(c) “(b) take all practicable steps to ensure that the account is used for holding only the amounts that subsection (4) 5 requires to be deposited in it; and take all practicable steps to ensure that the balance in the account on any day is not less than the amount out- standing to the payee on that day by the person; and “(d) on ceasing to be a person responsible for collecting the 10 levy, continue to keep the account until all the levy money payable to the payee for the period during which the person was responsible for collecting the levy has been paid.
“(4) A person responsible for collecting the levy must deposit 15 amounts in the account by depositing an amount equal to the levy, calculated as specified in the readiness or response levy order, in the account— on the day or days specified in the order; or “(a) “(b) on a day or days calculated as specified in the order.
20 “(5) The following amount in the account is held on trust for the payee as levy money: “(a) the amount outstanding to the payee on a day by a per- son responsible for collecting the levy; or if the amount held is less than the amount outstanding, 25 all the money in the account.
“(b) “(6) The amount in the account held on trust for the payee— “(a) “(b) is not available for the payment of any other creditor of a person responsible for collecting the levy; and is not liable to be attached or taken in execution at the 30 instance of any other creditor of a person responsible for collecting the levy.

“100ZA Compliance audits for levy “(1) This section applies while a readiness or response levy order “(2) is in force.
If the payee requests the Minister to do so, the Minister may appoint 1 or more auditors to conduct an audit of the affairs of all or any of the following: 35 155 Part 1 cl 37 Biosecurity Law Reform Bill “(a) 1 or more of the persons responsible for collecting the levy: “(b) 1 or more of the persons responsible for paying the levy.
“(3) The purpose of the audit is to ascertain the following matters, to the extent to which they are relevant to the affairs being 5 audited and to which it is practicable to ascertain them, and to report to the Minister on them: “(a) the extent to which persons responsible for paying the levy are doing and have done so: the extent to which appropriate amounts of the levy are 10 being and have been paid: the extent to which appropriate amounts of the levy are being and have been collected: the extent to which appropriate amounts of the levy are being and have been paid over to the payee by the per- 15 son collecting it: the extent to which accounts, statements, and records are being and have been kept: the extent records kept are properly kept.
to which the accounts, statements, and 20 “(b) “(c) “(d) “(e) “(f) “(4) If an arbitrator has been appointed to resolve a dispute, the Minister may appoint an auditor to conduct an audit of all or any of the persons involved in the dispute.

“(5) The purpose of the audit is to ascertain the matters of fact that are in dispute, to the extent to which it is practicable to as- 25 certain them, and report them to the arbitrator, the persons in- volved, and the Minister.
“(6) A person is qualified for appointment as an auditor only if the person is— “(a) “(b) a chartered accountant within the meaning of the New 30 Zealand Institute of Chartered Accountants Act 1996; or a member, fellow, or associate of an association of ac- countants that is— “(i) constituted in a Commonwealth country outside 35 New Zealand; and approved to audit company financial statements by the Minister of the Crown responsible under a warrant or as authorised by the Prime Minis- “(ii) 156 Biosecurity Law Reform Bill Part 1 cl 37 ter for the administration of the Companies Act 1993; and “(iii) named as approved under subparagraph (ii) in a notice published in the Gazette and current at the time of the appointment.
“(7) No officer or employee of any of the following may be ap- pointed an auditor: “(a) “(b) “(c) the payee: a person responsible for collecting the levy: a person responsible for paying the levy.

“(8) A person appointed as an auditor is entitled to receive from the payee the remuneration provided for in the order.

“100ZB Power of auditors to require production of documents “(1) This section applies to an auditor appointed under section 100ZA.
“(2) The Minister may authorise the auditor, for the purposes of 5 10 15 conducting an audit, to— “(a) require the payee, a person responsible for collecting the levy, a person responsible for paying the levy, or an employee or officer of any of the preceding 3 persons to 20 produce for inspection in a reasonable period specified by the auditor documents that— “(i) “(ii) are accounts, statements, or records; and are required to be kept by this Act or a levy order; and “(iii) are in the possession or under the control of the payee or person; and “(b) take copies of or extracts from the documents.
“(3) An authorisation under subsection (2) must— “(a) “(b) “(c) “(d) “(e) be written; and state the auditor’s full name; and refer to this section; and state the powers conferred on the auditor; and state whether the powers are conferred specifically or generally.
“(4) An auditor who acts under an authorisation must not disclose any information the auditor obtains as a result of acting under 157 25 30 35 Part 1 cl 37 Biosecurity Law Reform Bill it to any other person, except that the auditor may disclose information— “(a) “(b) “(c) “(d) “(e) under section 100ZA(3) or (5): to a Minister: to a person authorised by a Minister to receive it: for the purposes of a prosecution under this Act: for the purposes of an action for the recovery of an amount due under this Act.
5 “(5) The Official Information Act 1982 applies to information held by a Minister that was obtained under this section.
10 “100ZC Orders to be confirmed “(1) Subsection (2) applies to a readiness or response levy order that— “(a) “(b) “(c) is made on or after 1 January and before 1 July in the same year; and is not revoked with effect before or on 1 July in the next year; and is not stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and 15 20 “(d) will not be stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989.
“(2) The order is deemed to have been revoked at the close of 30 June in the next year unless it has been confirmed by an Act 25 of Parliament passed before or on that day.
“(3) Subsection (4) applies to a readiness or response levy order that— “(a) “(b) “(c) is made on or after 1 July and before or on 31 December in the same year; and is not revoked with effect before or on 1 January in the year after the next year; and is not stopped from having effect before or on 1 Janu- ary in the year after the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; 35 and 30 “(d) will not be stopped from having effect before or on 1 January in the year after the next year by the applica- 158 Biosecurity Law Reform Bill Part 1 cl 39 tion of section 5 of the Regulations (Disallowance) Act 1989.
“(4) The order is deemed to have been revoked at the close of 31 December in the year after the year in which it was made un- less it has been confirmed by an Act of Parliament passed be- 5 fore or on that day.” 38 (1) (2) (3) (4) 39 Inspectors, authorised persons, and accredited persons Section 103(1)(b) is amended by omitting “strategy” and sub- stituting “plan or a national pathway management plan”.
Section 103(2)(b) is amended by omitting “strategy” and sub- 10 stituting “plan or a national pathway management plan”.

Section 103(3) is amended by omitting “strategy” and substi- tuting “plan or a regional pathway management plan”.

Section 103(7) is amended by omitting “(to be known as ac- credited persons)”.
15 New sections 105A to 105F inserted The following sections are inserted after section 105: “105A Call in of powers or functions “(1) This section applies to the powers or functions in sections 19(2)(a), 26, 32, 33, 43, 122, 125, and 130 that an inspector 20 or authorised person may exercise or carry out.

“(2) A chief technical officer may decide that the power must be exercised or the function carried out by the chief technical of- ficer instead of by the inspector or authorised person.
“(3) The chief technical officer may not make a decision under sub- 25 section (2) if— “(a) “(b) the inspector or authorised person has already exercised the power or carried out the function; and the person affected by the exercise or carrying out knows that the inspector or authorised person has done 30 so.
“(4) The chief technical officer may make a decision under sub- section (2) if the officer considers that 1 or more of the fol- lowing applies to the exercise of the power or the carrying out of the function: 35 159 Part 1 cl 39 Biosecurity Law Reform Bill “(a) “(b) it is likely to have effects on New Zealand’s culture, economy, industry, environment, public health, animal health, or international trade: it is likely to involve treatment or post-clearance man- agement that— “(i) will require or is likely to require significant re- 5 sources; or “(ii) will have or is likely to have significant budget- ary implications; or “(iii) will involve or is likely to involve technology, 10 processes, or methods that are new: it is likely to involve issues of a systemic nature: it is likely to involve issues that increase risk to, com- plexity for, or the liability of the Ministry: it is likely to involve issues that have the potential to 15 seriously affect the Ministry’s reputation: it must be done urgently in circumstances in which there is insufficient time to follow normal decision making procedure.
“(c) “(d) “(e) “(f) “(5) A chief technical officer who makes a decision under subsec- 20 tion (2) must give a written notice to the inspector or author- ised person— “(a) stating that the chief technical officer will exercise the power or carry out the function; and stating the ground in subsection (4) that applies.
“(b) 25 “(5A) A chief technical officer who makes a decision under sub- section (2) must, if it is reasonably practicable to do so, give a written notice to the person affected by the exercise of the power or the carrying out of the function stating that the chief technical officer will exercise the power or carry out the func- 30 tion.
“(6) A chief technical officer who makes a decision under subsec- tion (2) may give a written notice to the person affected by the exercise of the power or the carrying out of the function— “(a) stating that the chief technical officer will exercise the 35 power or carry out the function; and stating that the officer requires information from the person to enable the officer to exercise the power or carry out the function; and “(b) 160 Biosecurity Law Reform Bill Part 1 cl 39 “(c) requiring the person to provide the information that the officer specifies.
“(7) For the purposes of this section, the relevant one of the provi- sions listed in subsection (1) must be read as if it said ‘chief technical officer’ instead of ‘inspector’ or ‘authorised person’.

5 “105B Appointment of auditors “(1) The Director-General may appoint auditors under this Act.

“(2) The Director-General may appoint as auditors only those per- sons who have appropriate experience, technical competence, and qualifications relevant to the audits.
“(3) Auditors may, but need not, be persons who are employed under the State Sector Act 1988 or by a regional council.

10 20 15 “(c) “(b) “105C Audits “(1) The Director-General must set terms of reference for audits.

“(2) Audits include examinations, investigations, and reviews.
“(3) Auditors conduct audits of the following kinds as to the previ- ous and current positions and as to the likely future position: audits of the effectiveness and appropriateness of stand- “(a) ards issued under this Act in achieving the objectives of the standards: audits of compliance with standards issued under this Act: audits of the effectiveness and appropriateness of the Ministry’s internal systems and procedures for the ad- ministration of this Act: audits of compliance with the Ministry’s internal sys- tems and procedures for the administration of this Act: audits of the exercise of powers or carrying out of func- tions or duties of statutory officers appointed under this Act: audits of compliance with biosecurity law: audits of the performance of activities by persons who carry out activities for the purposes of this Act: audits of the performance of activities by persons, and audits of systems, procedures, and facilities, to assess 35 compliance with biosecurity law: “(f) “(g) “(h) “(d) “(e) 30 25 161 Part 1 cl 39 Biosecurity Law Reform Bill “(i) any other class or description of audit specified in regu- lations.
“105D Auditors’ general duties “(1) An auditor must use his or her best endeavours to comply with and give effect to relevant performance or technical standards 5 when exercising powers or carrying out functions or duties for the purposes of this Act.

“(2) An auditor must give the subject of the audit written notice of the audit and the terms of reference a reasonable time before the audit starts, unless giving notice would defeat the purpose 10 of the audit.
“(3) The auditor must conduct the audit within the terms of refer- ence.

“105E Auditors’ powers “(1) An auditor may exercise the powers in this section for the pur- 15 poses of an audit.

“(2) The Director-General may give the subject of the audit a writ- ten notice to appear before an auditor at a time and place spe- cified in the notice.

If the Director-General acts under subsection (2), the auditor 20 may require the subject of the audit to answer all questions relating to the audit put to the subject.
“(3) “(4) An auditor may examine the systems, processes, and records of the subject of the audit.

“(5) An auditor may enter a place of business where— 25 “(a) “(b) “(c) any thing of relevance to the audit is held or is likely to be held; or any activity of relevance to the audit is carried out or is likely to be carried out; or any document of relevance to the audit is held or is 30 likely to be held.
“(6) At the place, the auditor may— “(a) “(b) “(c) examine the thing, activity, or document: inspect or take samples of any thing: test or analyse, or arrange for the testing or analysis of, 35 any thing: 162 Biosecurity Law Reform Bill Part 1 cl 39 “(d) “(e) “(f) inquire about, examine, and copy electronic or non- electronic documents or records about the application of biosecurity law by or to the subject of the audit, whether held by the subject or by or on behalf of the subject: remove documents or records to another place for the 5 purpose of copying them for as long as is reasonably necessary to allow for their copying: require a person who has control of or knowledge of the documents or records to reproduce or assist in reprodu- cing in usable form information recorded or stored in an 10 electronic or non-electronic device or system.
“(7) This section does not override the privilege against self-in- crimination.

“(2) “105F Auditors’ duties relating to power of entry “(1) An auditor may enter a place of business under section 15 105E(5) within or outside business hours but only at a rea- sonable time.

If an occupier of the place is present when the auditor enters the place, the auditor must— “(a) identify himself or herself to an occupier of the place; 20 and if asked by an occupier to do so, produce evidence of identity.
“(b) “(3) “(4) the day and time when the entry was carried out; and the auditor’s name and contact details.
If an occupier of the place is not present at any time while the auditor is at the place, the auditor must leave a prominent 25 notice at the place stating— “(a) “(b) If the auditor takes a document, article, or thing from the place when the auditor leaves it, the auditor must— prepare a schedule that specifies— “(a) “(i) “(ii) the document, article, or thing taken; and the place where each document, article, or thing is to be held; and 30 “(b) ensure that an occupier of the place gets the schedule 35 under subsection (5) or (6).
163 Part 1 cl 40 Biosecurity Law Reform Bill “(5) “(6) If it is practicable for the auditor to prepare at the place a sched- ule of what the auditor takes, the auditor must prepare and leave the schedule at the place.
If it is practicable for the auditor to prepare and leave a sched- ule of what the auditor takes but the occupier of the place con- 5 sents to the auditor not doing so, or if it is not practicable for the auditor to do so, the auditor must— leave a notice stating that— “(a) “(i) “(ii) the auditor has taken a document, article, or thing; and a schedule will be with an occupier of the place within 7 days after the date of entry; and ensure that a schedule is with an occupier of the place within 7 days after the date of entry.” “(b) 10 40 Sections 107 to 107B substituted Section 107 is repealed and the following sections are substi- tuted: 15 “107 Power to detain for purpose of checking for uncleared risk goods “(1) Subsection (2) applies to a person to whom section 34(2) 20 applies who does not comply with section 34(2).
“(2) An inspector who suspects on reasonable grounds that the per- son may be in possession of uncleared risk goods may— “(a) detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, 25 to be searched by a constable: “(aa) use the force that is reasonably necessary to detain the person: “(b) use the force that is reasonably necessary to stop the “(c) person if he or she is moving: use the force that is reasonably necessary to bring the person to a biosecurity control area.
30 “(3) Subsection (4) applies to a person who is in a biosecurity control area.
“(4) An inspector who suspects on reasonable grounds that the per- 35 son may be in possession of uncleared risk goods may— 164 Biosecurity Law Reform Bill Part 1 cl 40 “(a) detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable: “(b) use the force that is reasonably necessary to detain the “(c) person: use the force that is reasonably necessary to stop the person if he or she is moving.
5 “107A Power to detain for purpose of checking for unauthorised goods An inspector who suspects on reasonable grounds that a person 10 may be in possession of unauthorised goods may— “(a) detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable: “(b) use the force that is reasonably necessary to detain the 15 person.
“107B Power to detain for public health or law enforcement purposes “(1) This section applies when— “(a) “(b) a person in a biosecurity control area has arrived in New 20 Zealand; and an inspector has reasonable cause to suspect that the person— “(i) is, under an enactment, liable to be detained be- cause of an infectious disease; or is liable to be arrested under a warrant issued by a court or a registrar; or “(ii) 25 “(iii) is liable to be prosecuted for an offence punish- able by imprisonment; or “(iv) has contravened the Civil Aviation Act 1990; or “(v) has contravened the Customs and Excise 30 Act 1996; or “(vi) has contravened the Human Assisted Reproduc- tive Technology Act 2004; or “(vii) has contravened the Immigration Act 2009; or “(viii) has contravened the Misuse of Drugs Act 1975; 35 or 165 Part 1 cl 40A Biosecurity Law Reform Bill “(ix) has contravened the Passports Act 1992; or “(x) has contravened the Terrorism Suppression Act 2002; or “(xi) has contravened the Trade in Endangered Species Act 1989; or 5 “(xii) has contravened regulations under the United Nations Act 1946; or “(xiii) has contravened an enactment that contains an offence involving the unlawful entry into New Zealand of a person, matter, or thing and that is 10 specified for the purposes of this section by the Governor-General in Council; or “(xiv) is endangering, or threatening to endanger, the life, health, or safety of a person or group of per- sons.
15 “(2) The inspector may direct the person to remain in the area for a period that is reasonable in the circumstances and no longer than 4 consecutive hours to— “(a) “(b) allow the inspector to obtain the attendance of, or make inquiries of, a constable, bailiff, or employee or agent 20 of a department who has the powers described in para- graph (b); and allow the constable, bailiff, or employee or agent of a department to do what is necessary of the following: “(i) “(ii) “(iii) detain the person: “(iv) arrest the person.
question the person: ascertain or determine the status of the person: 25 “(3) The person must comply with a direction given under this sec- tion.

30 “(4) Reasonable force may be used, if necessary, to keep the person in the area for the period directed under subsection (2).” 40A Power to search people Section 108(1) is amended by omitting “107(1)” wherever it appears and substituting “107” in each place.
35 166 Biosecurity Law Reform Bill Part 1 cl 43 41 (1) (2) Power of inspection Section 109(1)(b) is amended by omitting “Managing or eradi- cating” and substituting “eradicating or managing”.

Section 109(1)(c) is amended by omitting “strategy this Act, the regulations, or any pest management strategy” and substi- 5 tuting “plan or a pathway management plan biosecurity law”.
42 Section 114 substituted Section 114 is repealed and the following section substituted: “114 General powers 15 20 An inspector or authorised person who has lawfully entered 10 a place under section 109 or 111 may do anything in, on, or in relation to the place that the inspector or authorised person considers necessary or expedient to— “(a) eradicate or manage a pest or unwanted organism on the place: “(b) prevent the spread of a pest or unwanted organism from “(c) or to the place: avoid, remedy, or mitigate any effect on the place of non-compliance with a pathway management plan.” 43 New section 117A inserted The following section is inserted after section 117: “117A Seizure and detention of goods or documents as evidence for other enactments “(1) An inspector exercising a power or carrying out a function or duty under Part 3 may seize and detain goods or documents 25 presented to or located by the inspector in the circumstances described in subsection (2).
“(2) The circumstances are that the inspector must have reasonable grounds to suspect that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of 30 the following enactments: “Constable to deal with section 98C of the Crimes Act 1961: section 342 of the Immigration Act 2009: section 29A, 30, or 31 of the Passports Act 1992: “(a) “(b) “(c) 35 167 Part 1 cl 44 Biosecurity Law Reform Bill “(d) “(e) “(f) “(g) “(h) “(i) “Officer to deal with the Customs and Excise Act 1996: sections 123 and 124 of the Films, Videos, and Publica- tions Classification Act 1993: section 232 or 233 of the Fisheries Act 1996: section 37 or 43 of the Medicines Act 1981: the Trade in Endangered Species Act 1989: enactments administered by the Ministry.
“(3) The inspector must, as soon as practicable, deliver the goods or documents into the custody of 1 of the following persons: if the inspector believes that any of subsection (2)(a) “(a) to (c) applies to the goods or documents, a constable: if the inspector believes that any of subsection (2)(d) to (i) applies to the goods or documents, an appropri- ately authorised officer who— “(i) “(b) holds office under the Act specified in the para- graph; or is employed by the department that administers the Act.
“(ii) 5 10 15 “(4) The inspector may also deliver to the person, when delivering 20 goods, a notice stating 1 of the following: “(a) that the goods have been given a biosecurity clearance; or that the goods— “(i) “(ii) must be held, handled, or managed in the manner have not been given a biosecurity clearance; and 25 “(b) specified in the notice.

“(5) Responsibility for goods delivered under subsection (3) passes to the person to whom the goods are delivered.
“(6) Section 199 of the Summary Proceedings Act 1957 applies 30 with any necessary modifications to goods or documents de- tained under this section.” Power to seize abandoned goods Section 119(1) is amended by omitting “any restricted goods (where necessary disabling or killing them first), or any aban- 35 doned organism,” and substituting “any abandoned organism (where necessary disabling or killing it first)”.
44 168 Biosecurity Law Reform Bill Part 1 cl 46 45 Section 120 substituted Section 120 is repealed and the following section substituted: “120 Power to intercept risk goods “(1) This section applies to an inspector or authorised person who believes on reasonable grounds that— “(a) any of sections 25, 130, 131, 132, and 134(1), or a path- way management plan, has been contravened in relation to risk goods; and a thing of any kind contains, or is likely to contain, some or all of the risk goods.
“(2) The inspector or authorised person may— “(b) 5 10 “(a) “(b) open the thing, using the force that is reasonable in the circumstances, and inspect the contents for the presence of risk goods: stop a conveyance or craft for the purposes of para- 15 graph (a).” 46 (1) Power to examine organisms Section 121(1) is repealed and the following subsection sub- sections substituted: “(1) An inspector or authorised person may exercise any or all of 20 the powers in subsection (1B) on— organisms: “(a) “(b) organic material: “(c) any other goods or material.
“(1A) The purposes for which the inspector or authorised person 25 taxonomical identification of an organism: may exercise the powers are— “(a) “(b) diagnosing a disease: “(c) determining whether imported goods may be given a biosecurity clearance: ascertaining the presence or absence of any pest or un- wanted organism: “(d) “(e) making an assessment of measures taken to eradicate or manage any pest or unwanted organism.
“(1B) The powers are to— autopsy: “(a) “(b) destroy: 169 30 35 Part 1 cl 47 Biosecurity Law Reform Bill “(c) “(d) “(e) “(f) “(g) “(h) “(i) examine: inspect: sample: section: take specimens: test: apply any other treatment or procedure.” (1A) Section 121(2) is amended by omitting “subsection (1)” and 5 (2) (3) 47 48 (1) (2) 49 substituting “subsection (1A)”.

Section 121(4)(a) is repealed and the following paragraph sub- 10 stituted: “(a) exercise any or all of the powers in subsection (1B); and”.
Section 121(4)(b)(i) is amended by omitting “actions to be taken (or taken” and substituting “powers to be exercised (or 15 exercised”.

Power to apply article or substance to place Section 121A(1) is amended by omitting “manage or eradi- cate” and substituting “eradicate or manage”.

Prohibition or control of certain tests Section 121B(1)(a) is amended by omitting “effective man- agement or eradication” and substituting “eradication or ef- fective management”.
Section 121B(4) is amended by omitting “section 121(1)” and substituting “section 121(1A)”.
20 25 Power to give directions Section 122 is amended by adding the following subsection: “(3) An inspector or authorised person may direct the owner or per- son in charge of risk goods or a craft to take steps to avoid, remedy, or mitigate an effect of non-compliance with a path- 30 way management plan.” 170 Biosecurity Law Reform Bill Part 1 cl 50A 50 (1) (2) (3) (4) (5) (6) 5 Inspection of and intervention in transitional facilities and containment facilities Section 126(1) is amended by inserting “or section 11(1)(fc) of the Hazardous Substances and New Organisms Act 1996” after “section 39”.
Section 126(1) is amended by omitting “operator under section 40” and substituting “facility operator”.

Section 126(2)(a) is amended by omitting “type” and substi- tuting “kind”.

Section 126(2)(b) is amended by omitting “operator of a tran- 10 sitional facility or containment facility” and substituting “fa- cility operator”.

Section 126(3)(a) is amended by omitting “operator of the transitional facility or containment facility” and substituting “facility operator”.
Section 126(6) is amended by omitting “operator of the tran- sitional facility or containment facility” and substituting “fa- cility operator”.
15 50A Power to act on default “(1) Section 128(1) is repealed and the following subsections are 20 substituted: “Definition for this section In this section, enforcement document means— “(a) a notice given to a person under this Act lawfully direct- ing or requiring the person to carry out works or meas- 25 ures, or take some other action, specified in the notice: a compliance order that is not stayed under section 154E.
“(b) “(1A) Subsection (1B) applies when an enforcement document has not been complied with in— “(a) “(b) the time specified in it for compliance; or if no time was specified in it, a reasonable time.
30 “(1B) A chief technical officer, a principal officer, or a management agency may bring about the implementation of the enforce- ment document in a way that is reasonably necessary and ap- 35 propriate to achieve the document’s purpose.” 171 Part 1 cl 51 Biosecurity Law Reform Bill 51 (1) (2) (3) 52 Road blocks, cordons, check-points, etc Section 132(2)(a) is amended by omitting “manage or eradi- cate” and substituting “eradicate or manage”.
Section 132(2)(d) is amended by omitting “management or eradication” from each place where it appears and substituting 5 “eradication or management” in each place.

Section 132(8B) is amended by omitting “management or eradication” and substituting “eradication or management”.

Options for cost recovery Section 135(1) is amended by omitting “strategy” and substi- 10 tuting “plan or pathway management plan”.
53 Levies Section 137 is amended by adding the following subsection: “(3) The fact that Part 5A provides for levies to be made to fund readiness or response activities does not prevent this section 15 imposing a levy to which both the following apply: “(a) it is imposed to wholly or partly fund a readiness or response activity; and it is imposed on a sector that is not represented by an in- dustry organisation that is a party to the government/in- 20 dustry agreement specified in a Gazette notice under section 100V.” “(b) 54 Power of auditors to require production of statements and records The following subsection is added to section 141D: 25 “(5) A person who is the subject of a requirement of an auditor under subsection (1) must comply with the requirement.” 55 New cross headings and sections 142A to 142S inserted The following cross headings and sections are inserted after section 142: 30 172 Biosecurity Law Reform Bill Part 1 cl 55 “Biosecurity database “142A Establishment “(1) The Director-General may establish and maintain a biosecur- ity database containing information about land for the pur- poses of this Act.
“(2) The database may be in any form that the Director-General records or stores information electronically; and thinks fit, including an electronic form that— “(a) “(b) permits the information to be readily inspected; and “(c) “(d) permits the information to be accessed by remote log-on permits the information to be readily reproduced; and access or any other electronic means.
“(3) The database may record all or some of the following infor- 5 10 legal description: mation about land: “(a) “(b) valuation: land use: “(c) the name and contact details of the owner: “(d) the name and contact details of the occupier.

“(e) “(4) The database may contain any other information about land 20 15 that the Director-General considers useful.
“(5) The information in the database may come from any source, such as— “(a) “(b) “(c) information in the public domain: information provided voluntarily for inclusion in the 25 database by a person to whom the information relates or by the person’s agent: information provided or made available to the Director- General or the Ministry under this Act or any other en- actment.
30 “(6) The fact that information is in the biosecurity database because it is provided or made available to the Director-General or the Ministry under another enactment does not affect any aspect of the handling of the information under the other enactment provisions in the other enactment relating to the handling of 35 the information.
173 Part 1 cl 55 Biosecurity Law Reform Bill “142B Information from local authorities “(1) This section applies to information to which both the following apply: “(a) “(b) it comes from the database that is required to be kept by a local authority under section 27 of the Local Govern- 5 ment (Rating) Act 2002; and it is of a kind described in section 142A(3).
“(2) Local authorities must provide the information, or make it available,— “(a) “(b) “(c) to the Director-General; and for inclusion in the biosecurity database; and either— “(i) in accordance with a timetable set by the Dir- ector-General; or 10 “(ii) when the Director-General requires its provision 15 or availability; and “(d) free of any charge except the actual and reasonable costs of transferring the information.
“(3) The Local Government (Rating) Act 2002 does not prevent a local authority from complying with this section.

20 “142C Access, use, or disclosure “Public domain “(1) For information in the biosecurity database that comes from the public domain, the Director-General may— “(a) “(b) access, use, or disclose it for any lawful purpose: authorise other persons to access and use it for any law- ful purpose.
25 “Other sources “(2) For information in the biosecurity database that comes from any other source, the only rights that the Director-General has 30 are— “(a) “(b) to access, use, or disclose it for the purposes of this Act: to authorise other persons to access and use it for the purposes of this Act: to access, use, or disclose it as required by any other 35 enactment, except the Official Information Act 1982: “(c) 174 Biosecurity Law Reform Bill Part 1 cl 55 “(d) “(e) “(f) to authorise other persons to access and use it as re- quired by any other enactment, except the Official In- formation Act 1982: to access, use, or disclose it in accordance with a per- mission of a kind described in subsection (2A) or 5 (2B): to authorise other persons to access and use it in accord- ance with a permission of a kind described in subsec- tion (2A) or (2B).
“(2AA) The references to the Official Information Act 1982 (OIA) 10 in subsection (2)(c) and (d) mean that the OIA cannot be used to access information in the biosecurity database, whether or not the OIA can be used to access the same information from another source.
“(2A) For information in the biosecurity database that comes from 15 any other source, the person to whom the information relates or the person’s agent may give written permission for access to it and use and disclosure of it for a purpose specified in the permission.
“(2B) For information in the biosecurity database that comes from 20 any other source, the person to whom the information relates or the person’s agent may give an oral permission to which the following apply: “(a) “(b) “(c) “(d) it must be for 1 or all of access to the information, use of the information, or disclosure of the information; and it must state the purpose for which the person permits the access, use, or disclosure; and it may be withdrawn at any time; and it may be relied on only for as long as— “(i) “(ii) the Ministry has a written record of it; and it has not been withdrawn.
“Register of relevant enactments “(3) The Director-General must— “(a) establish and maintain a register that lists all enactments of the following kinds: “(i) an enactment containing a provision expressly al- lowing access to, use of, or disclosure of infor- mation in the biosecurity database: 175 25 30 35 Part 1 cl 55 Biosecurity Law Reform Bill “(ii) an enactment containing a provision under which the Director-General may make an agreement al- lowing a person access to, use of, or disclosure of information in the biosecurity database: “(iii) an enactment containing a provision under which 5 the Director-General has made an agreement al- lowing a person access to, use of, or disclosure of information in the biosecurity database; and “(b) ensure that the register is available on an internet site maintained by or on behalf of the Ministry.
10 “142D Person may require Director-General not to access, use, or disclose information “(1) A person whose information is in the biosecurity database may request the Director-General not to access, use, or disclose the following information about the person: “(a) his or her name: “(b) his or her postal address: “(c) his or her other personal contact details.

“(2) The person— “(a) must make the request in writing; and “(b) is not required to provide reasons for the request.
“(3) The Director-General must comply with the request.

“(4) The person may later inform the Director-General that the per- son withdraws his or her request.

“142E Voluntary provision of information Sections 142A to 142D do not prevent— “(a) a person giving the Director-General information if the person wishes to do so; or the Director-General using the information for any law- ful purpose.
“(b) 15 20 25 30 “Automated electronic systems “142F Arrangement for system “(1) The Director-General may arrange for the use of an automated electronic system to do the actions described in subsection 176 Biosecurity Law Reform Bill Part 1 cl 55 (2) that this Act or another enactment allows or requires the persons described in subsection (3) to do.
“(2) The actions are— exercising a power: carrying out a function: carrying out a duty: “(a) “(b) “(c) “(d) making a decision, including making a decision by— “(i) “(ii) analysing information that the Director-General holds or has access to about a person, goods, or craft; and applying criteria predetermined by the Director- General to the analysis: 5 10 “(e) “(f) doing an action for the purpose of exercising a power, carrying out a function or duty, or making a decision: communicating the exercising of a power, carrying out 15 of a function or duty, or making of a decision.
“(3) The persons are— “(a) “(b) “(c) “(d) “(e) “(f) the Director-General: inspectors: chief technical officers: authorised persons: accredited persons: assistants of inspectors or authorised persons.
“(4) The Director-General may make an arrangement only if satis- 20 25 fied that— “(a) “(b) the system has the capacity to do the action with rea- sonable reliability; and a process is available under which a person affected by an action done by the system can have the action re- viewed by a person described in subsection (3) with- 30 out undue delay.

“(5) A system used in accordance with an arrangement may include components outside New Zealand.
“(6) The Director-General must consult the Privacy Commissioner about including in an arrangement actions that involve the col- 35 lection or use of personal information.

177 Part 1 cl 55 Biosecurity Law Reform Bill “142G Effect of use of system “(1) This section applies to an action done by an automated elec- tronic system.
“(2) An action allowed or required by this Act done by the sys- tem— “(a) “(b) is treated as an action done properly by the appropriate person referred to in section 142F(3); and is not invalid by virtue only of the fact that it is done by the system.
5 “(3) If an action allowed or required by another enactment done by 10 the system is done in accordance with any applicable provi- sions in the enactment on the use of an automated electronic system, the action— “(a) is treated as an action done properly by the appropriate person referred to in section 142F(3); and is not invalid by virtue only of the fact that it is done by the system.
“(b) 15 “(4) If the system operates in such a way as to render the action done or partly done by the system clearly wrong, the action may be done by the appropriate person referred to in section 20 142F(3).
“Risk profiling “142H Retention and use of information for risk profiling “(1) Subsections (2) and (3) apply to information— provided to the Director-General under this Act; or “(a) “(b) disclosed to the Director-General by a border sector 25 “(c) agency; or held by the Director-General after coming to the Dir- ector-General from another source.
“(2) The Director-General may collect, retain, analyse, process, or 30 use information for the purpose of developing— “(a) an assessment of the risk that goods or persons craft, goods, or persons may present in future: criteria for the exercise of powers or the carrying out of functions or duties under this Act.
“(b) 178 35 Biosecurity Law Reform Bill Part 1 cl 55 “(3) A person exercising powers or carrying out duties or functions under this Act may apply a risk assessment or criteria devel- oped under subsection (2).
“Disclosure of personal information “142I Disclosure of personal information in New Zealand “(1) This section applies to personal information— 5 provided to the Director-General under this Act; or “(a) “(b) disclosed to the Director-General by a border sector “(c) agency; or held by the Director-General after coming to the Dir- 10 ector-General from another source.
“(b) “(c) “(2) The Director-General may disclose the information to agen- cies in New Zealand to facilitate the carrying out by the agen- cies of— “(a) the prevention, detection, investigation, prosecution, 15 and punishment of offences: the enforcement of a law imposing a pecuniary penalty: the protection of the life, health, or safety of a person or group of persons: the protection of the environment: the protection of public revenue: the maintenance of border security: the achievement of the purposes of this Act.
“(2A) If the disclosure is to be made to a private sector agency, it “(d) “(e) “(f) “(g) 20 must be made under an arrangement made between the Dir- 25 ector-General and the agency to which subsection (2B) ap- plies.
“(2B) The arrangement— “(a) must be in writing; and “(b) must state criteria for the disclosure of information 30 under it; and “(c) must state the use that the private sector agency may make of the information; and “(d) must— “(i) prohibit the agency from disclosing the informa- 35 tion to any other agency; or 179 Part 1 cl 55 Biosecurity Law Reform Bill “(ii) specify the other agencies to whom the agency may disclose the information, the extent to which the agency may disclose the information, and conditions subject to which the agency may dis- close the information; and “(e) may state— “(i) the form in which the information may be dis- closed: the method by which the information may be dis- closed; and “(ii) 5 10 “(f) may be varied.
“(3) This section does not apply to information in the biosecurity database.

“142J Disclosure of personal information outside New Zealand “(1) This section applies to personal information— 15 provided to the Director-General under this Act; or “(a) “(b) disclosed to the Director-General by a border sector “(c) agency; or held by the Director-General after coming to the Dir- ector-General from another source.
20 “(b) “(c) “(2) The Director-General may disclose the information to agen- cies overseas to facilitate the carrying out by the agencies of— the prevention, detection, investigation, prosecution, “(a) and punishment of offences: the enforcement of a law imposing a pecuniary penalty: 25 the protection of the life, health, or safety of a person or group of persons: the protection of the environment: the protection of public revenue: the maintenance of border security: the achievement of the purposes of this Act.
“(3) The disclosure must be made under an arrangement made be- tween the Director-General and the agency overseas to which subsections (4) to (6) apply.
“(d) “(e) “(f) “(g) 30 “(4) The Director-General may make an arrangement only if satis- 35 fied that it is justified to help prevent, identify, or respond to— “(a) “(b) contraventions of New Zealand law; or contraventions of the overseas country’s law; or 180 Biosecurity Law Reform Bill Part 1 cl 55 “(c) actions that it is the function of the agency to which the information is disclosed to prevent, identify, or respond to.
“(5) An arrangement— “(a) must be in writing; and “(b) must state criteria for the disclosure of information 5 under it; and “(c) must state the use that the agency to whom the informa- tion is disclosed may make of the information; and “(d) must— 10 “(i) “(ii) prohibit the agency from disclosing the informa- tion to any other agency; or specify the other agencies to whom the agency may disclose the information, the extent to which the agency may disclose the information, and 15 conditions subject to which the agency may dis- close the information; and “(e) may state— “(i) the form in which the information may be dis- closed: the method by which the information may be dis- closed; and 20 “(ii) “(f) may be varied.
“(6) The Director-General— “(a) must consult the Privacy Commissioner before entering 25 into an arrangement, or varying an arrangement, involv- ing the disclosure of personal information; and “(b) must, if the Privacy Commissioner requires the Dir- ector-General to undertake a review of the arrangement and the arrangements for disclosure under it and it is at 30 least 12 months since the last review,— undertake the review; and “(i) report the result to the Privacy Commissioner as “(ii) soon as practicable after concluding the review.
“(7) This section does not apply to information in the biosecurity 35 database.

181 Part 1 cl 55 Biosecurity Law Reform Bill “142K Disclosure of personal information outside New Zealand: urgent action required “(1) The Director-General may disclose personal information to a person overseas if— “(a) “(b) a situation arises requiring urgent action; and the requirements of this section are satisfied.
5 “(2) The first requirement is that the powers, functions, or duties of the overseas person include— “(a) helping to investigate, prevent, identify, or respond to non-compliance with the law in New Zealand or in the 10 overseas country; or responding to difficulties arising in the course of trade between New Zealand and the overseas country.
“(3) The second requirement is that the information is disclosed subject to conditions that— “(a) state the use that the overseas person may make of the information disclosed; and state whether or not the overseas person may disclose the information disclosed to any other person; and if the overseas person may disclose any of the informa- 20 tion disclosed to any other person, state— “(i) the persons to whom the overseas person may disclose it; and the extent to which the overseas person may dis- close it; and “(ii) “(b) “(b) “(c) “(iii) the conditions subject to which the overseas per- son may disclose it.
“(4) The third requirement is that the Director-General makes and keeps a record of— “(a) “(b) “(c) the information that was disclosed; and.

the person to whom it was disclosed; and any conditions subject to which it was disclosed.

“(5) The Director-General must make the records kept under sub- section (4) available to the Privacy Commissioner if the Pri- vacy Commissioner asks to see them.

“(6) This section does not apply to information in the biosecurity database.
182 15 25 30 35 Biosecurity Law Reform Bill Part 1 cl 55 “Incorporation by reference regulations: “142L Definitions for sections 142M to 142T 142S In sections 142M to 142T 142S,— “biosecurity document means— “(a) “(b) Orders in Council made under this Act: “(c) standards issued under this Act: “(d) notices issued under this Act: “(e) “incorporated means incorporated by reference “inspection site means— “(a) “(b) “material means, except in section 142O,— “(a) “(aa) part of the original material: “(ab) the original material with modifications, additions, or the head office of the responsible body: any other place determined by the responsible body instruments made under this Act all of the original material: variations: the original material with amendments incorporated: “(b) “(c) material that amends the original material: “(d) material that replaces the original material “original material means material as first published “responsible body means— “(a) the Director-General, for biosecurity documents for which the Ministry is responsible: the chief executive, which an other department is responsible: the principal officer, for biosecurity documents for which a regional council is responsible.
for biosecurity documents for “(b) “(c) “142M Incorporation in biosecurity documents “(1) The following written material may be incorporated in a bio- 30 security document: “(a) frameworks, codes of practice, standards, requirements, or recommended practices of international or national organisations: 35 183 Part 1 cl 55 Biosecurity Law Reform Bill “(b) frameworks, codes of practice, standards, requirements, or recommended practices prescribed in any country or jurisdiction: “(c) material that is from any other source, deals with tech- nical matters, and is too large to include in, or print as 5 part of, the biosecurity document: “(e) “(d) material that is from any other source and deals with technical matters and that it would be impractical to include in, or print as part of, the biosecurity document: the current edition of a work of reference that the Dir- 10 ector-General considers is accepted internationally or by an industry as a standard one to refer to on its subject matter: a specific edition of a work of reference that the Dir- ector-General considers is accepted internationally or 15 by an industry as a standard one to refer to on its subject matter: a register established by or under this Act.
“(3) Material incorporated in a biosecurity document has legal ef- “(g) “(f) fect as part of the document.

20 “142N Requirement to consult on proposal to incorporate material “(1) This section applies if it is proposed to incorporate material in a biosecurity document.
“(2) The responsible body must make the material available in 1 or 25 more of the following ways: “(a) making it available for reading free of charge during working hours at the inspection sites: “(b) making it available for reading free of charge in any other way determined by the responsible body: 30 “(c) making it available free of charge— “(i) on an internet site maintained by or on behalf of the responsible body: “(ii) by providing a hypertext link from an internet site maintained by or on behalf of the responsible 35 body to an internet site maintained by or on be- half of someone else where the material is avail- able free of charge: 184 Biosecurity Law Reform Bill Part 1 cl 55 “(d) making copies of the material available for purchase.
“(2A) If the material is not in an official New Zealand language, an accurate translation of the material into an official New Zealand language must also be available in each of the cir- cumstances described in subsection (2).
5 “(3) The responsible body must— “(a) give notice in the Gazette stating that— “(i) “(ii) the material is proposed for incorporation in a biosecurity document; and the material is available in the way or ways in 10 which the responsible body has made it available; and “(iii) public comment on the proposal to incorporate the material may be made to the responsible body; and 15 “(b) “(c) allow a reasonable opportunity for the public to com- ment on the proposal; and consider any comments made.
“(3A) If the material is material as described in section 142M(1)(e), the latest edition of the work available at the 20 time of reading, together with any changes made to it up to that time, must be used.

“(3B) If the material is material as described in section 142M(1)(f), the specific edition must be used.

“(3C) If the material is material as described in section 25 142M(1)(g), the version of the register available at the time of reading must be used.
“(5) Failure to comply with this section does not invalidate a bio- security document that incorporates material.

“142O Effect of amendments to, or replacement of, material 30 incorporated “(1) Material that amends or replaces material incorporated in a biosecurity document has legal effect as part of the document only if the responsible body publishes a notice under subsec- tion (2).
35 “(2) The responsible body may publish a notice in the Gazette that— 185 Part 1 cl 55 Biosecurity Law Reform Bill “(a) “(b) states that the material has legal effect as part of the document; and specifies the date on which the material has legal effect as part of the document.

“(3) Subsection (1) does not apply if the biosecurity document 5 expressly says that it does not apply.

“(4) Subsection (1) does not apply to the material described in any of section 142M(1)(e) to (g).
“142P Proof of material incorporated “(1) A copy of material incorporated in a biosecurity document 10 must be— “(a) certified as a correct copy of the material by the respon- sible body; and retained by the responsible body.

“(b) “(2) The production in proceedings of a certified copy of the ma- 15 terial is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the biosecurity document of the material.
“142Q Effect of expiry of material incorporated “(1) Material incorporated in a biosecurity document that expires 20 or that is revoked or that ceases to have effect ceases to have legal effect as part of the document only if the responsible body publishes a notice under subsection (2).
“(2) The responsible body may publish a notice in the Gazette that— “(a) “(b) states that the material ceases to have legal effect as part of the document; and specifies the date on which the material ceases to have legal effect as part of the document.

25 “(3) Subsection (1) does not apply if the biosecurity document 30 expressly says that it does not apply.
“142R Access to material incorporated “(1) The responsible body must make material incorporated in a biosecurity document available in 1 or more of the following ways: 35 186 Biosecurity Law Reform Bill Part 1 cl 55 “(a) making it available for reading free of charge during working hours at the inspection sites: “(b) making it available for reading free of charge in any other way determined by the responsible body: “(c) making it available free of charge— 5 “(i) on an internet site maintained by or on behalf of the responsible body: “(ii) by providing a hypertext link from an internet site maintained by or on behalf of the responsible body to an internet site maintained by or on be- 10 half of someone else where the material is avail- able free of charge: “(d) making copies of the material available for purchase.
“(1A) If the material is not in an official New Zealand language, an accurate translation of the material into an official New 15 Zealand language must also be available in each of the cir- cumstances described in subsection (1).

“(2) The responsible body must give notice in the Gazette stating that— “(a) the material is incorporated in the biosecurity docu- 20 ment; and the material is available in the way or ways in which the responsible body has made it available.
“(4) Failure to comply with this section does not invalidate a bio- “(b) security document that incorporates material.

“142S Effect of other enactments “(1) The Acts and Regulations Publication Act 1989 does not apply “(2) to material incorporated in a biosecurity document.
In relation to the Regulations (Disallowance) Act 1989,— “(a) “(b) it applies to regulations that incorporate material; and its section 4 does not require material incorporated in regulations to be presented to the House of Representa- tives.
“(3) Sections 22 to 25 of the Standards Act 1988 are not affected by sections 142L to 142R.” 25 30 35 187 Part 1 cl 56 Biosecurity Law Reform Bill 56 57 (1) (2) (3) (4) 58 (1) (2) 59 Purpose of Part 7 Section 143 is amended by omitting “management, or eradi- cation” and substituting “eradication, or management”.

Declaration of biosecurity emergency Section 144(1)(a)(iv) is amended by omitting “strategy” and 5 substituting “plan”.
Section 144(1)(b) is amended by omitting “manage, or eradi- cate” and substituting “eradicate or manage”.

Section 144(1)(b) is amended by omitting “effectively man- aged, or eradicated” and substituting “eradicated or effectively 10 managed”.
Section 144(6) is amended by omitting “or revoke a Proclam- ation under this section and the Minister shall publish notice of an amendment or revocation” and substituting “, extend, or revoke a proclamation under this section and the Minister must 15 publish notice of the amendment, extension, or revocation”.

Emergency powers Section 145(1) is amended by omitting “managing, or eradi- cating” and substituting “eradicating or managing”.
Section 145(2) is amended by omitting “eradicating, or limit- 20 ing” and substituting “eradicating or limiting”.

Section 146 substituted Section 146 is repealed and the following section substituted: “146 Duration of emergency “(1) A declaration of biosecurity emergency ceases to have effect 25 at the end of 4 months after it comes into force, unless sub- section (2) or (5) applies.
“(2) Before a declaration ceases to have effect, it may be extended another proclamation under section 144; or a resolution of the House of Representatives.

by— “(a) “(b) If a declaration is extended under subsection (2)(a), subsec- tion (1) applies to it.

If a declaration is extended under subsection (2)(b), it is ex- tended for the period stated in the resolution.
30 35 “(3) “(4) 188 Biosecurity Law Reform Bill Part 1 cl 60 “(5) Before a declaration ceases to have effect, it may be revoked by— “(a) “(b) another proclamation under section 144; or a resolution of the House of Representatives.

“(5A) A resolution revoking a declaration has effect from the time 5 of the resolution or a later time specified in the resolution.
“(6) An extension under subsection (2)(b) or a revocation under subsection (5)(b) must be published as provided in section 10 of the Regulations (Disallowance) Act 1989.” 59A New section 147 substituted Sections 147 and 148 are repealed and the following section substituted: “147 House of Representatives must be informed “(1) The Minister must inform the House of the making of a proc- lamation under section 144.
“(a) “(2) The Minister must inform the House if the Minister intends— to recommend or not to recommend the extension of a biosecurity emergency; or to recommend the revocation of a biosecurity emer- gency.

“(b) 10 15 20 “(3) When informing the House, the Minister must provide rea- sons.

“(4) The Minister must inform the House,— “(a) “(b) if the House is sitting, immediately; or if the House is not sitting, as early as is practicable on 25 its next sitting day.
“Definition for this section In this section, House means the House of Representatives.” Biosecurity emergency regulations Section 150 is amended by omitting “management, or eradica- 30 tion” from each place where it appears and substituting “eradi- cation or management” in each place.
“(5) 60 189 Part 1 cl 61 Biosecurity Law Reform Bill 61 Sections 154 to 154N substituted and cross headings inserted Section 154 is repealed and the following cross headings and sections are substituted: “Compliance orders 5 “154 Scope “(1) An inspector or authorised person may make a compliance order against a person.
“(3) A compliance order may— “(a) require the person to cease doing something that, in the 10 opinion of the inspector or authorised person, contra- venes or is likely to contravene biosecurity law; or “(b) prohibit the person from starting something that, in the opinion of the inspector or authorised person, contra- venes or is likely to contravene biosecurity law; or prohibit the person from doing something again that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or “(c) 15 “(e) “(d) prohibit the person from having something done on the 20 person’s behalf that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or prohibit the person from having something done on the person’s behalf again that, in the opinion of the in- 25 spector or authorised person, contravenes or is likely to contravene biosecurity law; or require the person to do something that, in the opinion of the inspector or authorised person, is necessary to ensure that the person complies with biosecurity law.
“(f) 30 “154A Content A compliance order must state— “(a) “(b) the name of the person against whom it is made; and the reasons why the inspector or authorised person made it; and the requirement or prohibition in section 154(3) ordered by the inspector or authorised person; and “(c) 190 35 Biosecurity Law Reform Bill Part 1 cl 61 “(d) “(e) “(f) “(g) “(h) either,— “(i) “(ii) for a requirement, the period, if any, within which the requirement must be achieved, which must start on the day on which the order is served and end after a time that is reasonable for the achieve- 5 ment of the requirement; or for a prohibition, the time and date, if any, from which the prohibition is to take effect; and the conditions, if any, imposed by the inspector or au- thorised person; and the consequences of not complying with the order; and the rights of appeal in section 154E; and the name and address of the agency whose inspector or authorised person made the order.
10 “154B Service “(1) An inspector or authorised person who makes a compliance order must ensure that it is served on the person against whom it is made.
15 “(2) A compliance order may be served by— delivering it personally to the person: “(a) “(b) delivering it to the person at the person’s usual or last- 20 “(c) known place of residence or business: sending it by fax or email to the person’s fax number or email address: “(d) posting it in a letter addressed to the person at the per- 25 son’s usual or last known place of residence or business.
“(3) The following provisions apply to service as described in sub- section (2): “(a) “(b) “(c) service on an officer of a body, or on the body’s regis- tered office, is deemed to be service on the body: service on any of the partners in a partnership is deemed to be service on the partnership: service by post is deemed to occur at the time at which the order would have been delivered in the ordinary course of the post.
30 35 “154C Compliance The person against whom a compliance order is made must— 191 Part 1 cl 61 Biosecurity Law Reform Bill comply with the order; and “(a) “(b) do so within the period stated in the order, if a period is “(c) stated; and pay all the costs and expenses of complying with the order, unless the order states otherwise.
5 “154D Change or cancellation “(1) A compliance order may be changed or cancelled under sub- section (2) or cancelled under subsection (3) by the ap- pointer of the inspector or authorised person who made the order.
If the appointer receives a written application from the per- son against whom the order was made to change or cancel the order, the appointer— “(a) must consider the application as soon as practicable, “(2) having regard to— “(i) “(ii) the purpose for which the order was made; and the effect of a change or cancellation on the pur- pose; and “(iii) any other matter the appointer thinks fit: “(b) may confirm, change, or cancel the order: “(c) must give the person against whom the order was made written notice of the confirmation, change, or cancella- tion.
10 15 20 “(3) The appointer— “(a) may cancel the order if the appointer considers that the 25 order is no longer required; and “(b) must give the person against whom the order was made written notice of the cancellation.

“154E Appeal to District Court “(1) The following persons may appeal to a District Court: “(a) “(b) the person against whom a compliance order is made under section 154: a person whose application under section 154D(2) did not succeed.
“Stay of compliance order pending appeal result “(2) The appeal does not operate as a stay of the compliance order.

30 35 192 Biosecurity Law Reform Bill Part 1 cl 61 “(2A) The person may apply to the court for a stay of the compliance order pending the court’s decision on the appeal.

“(2B) The court must consider the application for a stay as soon as practicable after the application for it is lodged.
“(2C) The court must consider— “(i) “(ii) “(a) whether to hear— the person: the appointer of the inspector or authorised per- son whose compliance order is appealed against; and “(b) the likely effect of granting a stay on human health or natural and physical resources; and “(c) whether it is unreasonable for the person to comply with the compliance order pending the decision on the ap- peal; and any other matters that the court thinks fit.
“(2D) The court may grant or refuse a stay and may impose any “(d) terms or conditions that the court thinks fit.

5 10 15 “(2E) The stay has legal effect once a copy of it is served on the appointer of the inspector or authorised person whose compli- 20 ance order is appealed against.

“(2F) The stay remains in force until the District Court orders it lifted.
“District Courts Rules apply “(2G) The rules of procedure under the District Courts Act 1947 25 apply to the making of an appeal and an application for a stay.

“Powers of District Court “(3) The District Court may confirm, change, or cancel the order appealed against.

“154EA Appeal to High Court, Court of Appeal, or Supreme 30 Court “(1) A party to an appeal under section 154E may appeal to the High Court on a question of law.
“(2) The High Court Rules and sections 74 to 78 of the District Courts Act 1947 apply to an appeal under subsection (1)— 35 193 Part 1 cl 61 Biosecurity Law Reform Bill “(a) as if it were an appeal under section 72 of the District Courts Act 1947; and “(b) with all necessary modifications.
“(3) A party to an appeal under subsection (1) may appeal to the Court of Appeal or the Supreme Court against a determination 5 of the High Court on a question of law, with the leave of the court appealed to, and subject to section 14 of the Supreme Court Act 2003.

“(4) The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the 10 appeal as the High Court had.
“154F Effect of appeal An appeal under section 154E or 154EA has the following effects: “(a) the appointer of the inspector or authorised person 15 whose compliance order is appealed against must not cancel the order while the order is the subject of an appeal or while the time for the person’s appeal rights is running; and the person who appeals must comply with the order if 20 compliance is required as the result of the person exer- cising the person’s appeal rights.
“(b) “Pecuniary penalties “154G Pecuniary penalty order “(1) The Director-General may apply to the High Court for an order 25 that a person pay the Crown a pecuniary penalty under this Act.
“(2) The Court may make the order if it is satisfied that the person failed to comply with— “(a) section 16A: “(b) section 16B: “(ba) section 16C: “(c) “(d) section 24D(1)(a): “(e) “(f) “(g) section 18(1)(b): section 25(1), (2), (8), or (9): a condition imposed under section 27A: section 29(1): 30 35 194 Biosecurity Law Reform Bill Part 1 cl 61 a condition imposed under section 29(2): section 40(6): section 52: section 53: “(h) “(i) “(j) “(k) “(ka) a direction under section 122: “(l) section 130(4): “(m) section 134(1): “(n) “(o) “(p) regulations made under section 150 that provide that a contravention of them gives rise to civil liability: any directions or requirements under Part 7: any of the following requirements, if the requirement has been prescribed by regulations as a requirement for which a contravention gives rise to civil liability: “(i) “(ii) a requirement in regulations: a requirement in a rule.
5 10 15 “(3) The Court must not make the order if the person satisfies the Court— “(a) that the failure was necessary for the purpose of— “(i) saving or protecting life or health, preventing ser- ious damage to property, or avoiding an actual or 20 likely adverse effect on human health or a natural and physical resource; and the person’s conduct was reasonable in all the circumstances; and “(ii) “(iii) the person took steps that were reasonable in all 25 the circumstances to mitigate or remedy the ef- fects of the failure after it occurred; or “(b) that the following apply: “(i) the failure was due to an event beyond the per- son’s control, including natural disaster, mechan- 30 ical failure, or sabotage; and the person could not reasonably have foreseen the event; and “(ii) “(iii) the person could not reasonably have taken steps “(iv) to prevent the event occurring; and the person took steps that were reasonable in all the circumstances to mitigate or remedy the ef- fects of the failure after the event occurred; or 35 195 Part 1 cl 61 Biosecurity Law Reform Bill “(c) that the person did not know, and could not reasonably have known, of the failure.
“(4) The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.

“(5) The Director-General may apply for an order of the Court to 5 obtain discovery and administer interrogatories.

“154H Liability of principals and employers “(1) Subsections (2) and (3) apply if the person who is liable under section 154G(2) was acting as the agent or employee of another person at the time of the non-compliance.
“(2) The other person is liable under section 154G in the same manner and to the same extent as if he or she had personally failed to comply, if it is proved— “(a) that the act or omission that constituted the non-compli- ance took place with his or her authority, permission, or 15 consent; or that he or she knew that the non-compliance was occur- ring or was to occur and failed to take all reasonable steps to prevent or stop it.
“(b) 10 “(3) The liability described in subsection (2) does not affect the 20 liability described in subsection (1).
“(4) A court that makes an order under section 154G against a body corporate may also make an order against every director or person concerned in the management of the body corporate if it is proved— “(a) 25 that the act or omission that constituted the non-compli- ance took place with the director or person’s authority, permission, or consent; or that the director or person knew that the non-compli- ance was occurring or was to occur and failed to take 30 all reasonable steps to prevent or stop it.
“(b) “154I Amount “(1) In determining the appropriate amount of a pecuniary penalty under section 154G, the Court must have regard to all rele- vant matters, including— “(a) the nature and extent of the contravention: 35 196 Biosecurity Law Reform Bill Part 1 cl 61 “(b) “(c) the nature and extent of loss or damage caused to a per- son, human health, or a natural and physical resource as a result of the contravention: the circumstances in which the contravention took place: “(e) “(d) whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct: the steps taken by the person to bring the contravention to the attention of the appropriate authority: the steps taken by the person to avoid, remedy, or miti- gate the effects of the contravention.
“(f) “(2) Subsections (3) to (7) state the limits on the amounts of pecuniary penalty that the Court may order.

“(3) For an individual, the limit is $500,000.
“(4) For a body corporate,— “(a) subsection (5) states the limit that applies if— “(i) the Court is satisfied that the contravention oc- curred in the course of producing a commercial gain; and the commercial gain can be readily ascertained: “(ii) “(b) subsection (6) states the limit that applies if— “(i) “(ii) the Court is satisfied that the contravention oc- curred in the course of producing a commercial gain; and the commercial gain cannot be readily ascer- tained: “(c) subsection (7) states the limit that applies if the Court is not satisfied that the contravention occurred in the course of producing a commercial gain.
“(5) For the purposes of subsection (4)(a), the limit is the greater of— “(a) “(b) 3 times the value of the commercial gain resulting from $10,000,000; and the contravention.
“(6) For the purposes of subsection (4)(b), the limit is the greater of— “(a) $10,000,000; and 197 Part 1 cl 61 Biosecurity Law Reform Bill “(b) 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) (intercon- nected and turnover having the meanings they have in the Commerce Act 1986).

the purposes of subsection (4)(c), the limit is 5 “(7) For $10,000,000.
“154J Other orders instead of or in addition to pecuniary penalty order In proceedings under section 154G, the Court may, instead of or in addition to making a pecuniary penalty order, make— 10 an order that the person mitigate or remedy any adverse “(a) effects, on persons or a natural and physical resource, that are caused by or on behalf of the person: an order that the person mitigate or remedy any adverse effects, on persons or a natural and physical resource, 15 that relate to land owned or occupied by the person: an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b).
“(b) “(c) “154K Concurrent criminal proceedings and pecuniary penalty 20 proceedings “(1) This section applies if the same act or omission, or substan- tially the same act or omission, could give rise to proceedings under section 154G (pecuniary penalty proceedings) and proceedings under any of section 154L to 154N (criminal 25 proceedings).

“(2) Criminal proceedings may be started whether or not pecuniary “(3) penalty proceedings have been started.
If criminal proceedings are started when pecuniary penalty proceedings have been started but not completed, the pecu- 30 niary penalty proceedings are stayed.

“(4) Criminal proceedings may not be started if pecuniary penalty proceedings have resulted in the making of a pecuniary penalty order that remains in place after all appeal rights either have not been exercised at all or have been exercised and abandoned 35 or exhausted.
198 Biosecurity Law Reform Bill Part 1 cl 61 “Offences “154L Section 154L offence “(1) A person commits an offence against this Act who fails to answer, or gives an incorrect answer to, a question put to the person under section 105E(3).

“(2) The offence is a strict liability offence.

“(3) The prosecution is not required to prove that the defendant 5 intended to commit the offence.
“(4) The defendant has a defence if the defendant proves that, when the defendant was required to answer the question, the defen- 10 dant honestly and reasonably believed that the answer the per- son gave was, in all the circumstances, correct at the time.

“(5) The defendant also has a defence if the defendant proves that, when the defendant was required to answer the question, the defendant did not have the information required to answer the 15 question in the person’s knowledge, possession, or control.
“(6) The defendant also has a defence if the defendant proves that— “(a) the action or event to which the prosecution relates was due to— “(i) “(ii) “(iii) some other cause or circumstance outside the de- the act or omission of another person; or an accident; or 20 fendant’s control; and “(b) the defendant took all reasonable precautions and exer- 25 cised due diligence to avoid— “(i) “(ii) the commission of the particular offence; or the commission of offences of the same kind.
“(7) The defences in subsections (4) to (6) are available only if the defendant— “(a) prepares a written notice for the prosecutor that— “(i) states the defendant’s intention to rely on the de- fence; and includes the facts that support the defence; and “(ii) “(b) gives the notice to the prosecutor— “(i) at least 15 working days before the hearing date; or “(ii) within another time that the court allows.
199 30 35 Part 1 cl 61 Biosecurity Law Reform Bill “Penalty: section 157(5) “(8) The penalty for the offence is in section 157(5).

“154M Section 154M offences “Rules for section 154M offences “(1) The offences in this section are strict liability offences.

“(2) The prosecution is not required to prove that the defendant 5 intended to commit an offence.
“(3) The defendant has a defence if the defendant proves that— “(a) “(b) the action or event to which the prosecution relates was due to— “(i) “(ii) “(iii) some other cause or circumstance outside the de- the act or omission of another person; or an accident; or 10 fendant’s control; and the defendant took all reasonable precautions and exer- 15 cised due diligence to avoid— “(i) “(ii) the commission of the particular offence; or the commission of offences of the same kind.
“(4) The defendant also has a defence if the defendant proves that— “(a) “(b) “(c) 20 the defendant’s action was necessary for the purpose of— “(i) saving or protecting life or health; or “(ii) preventing serious damage to property; or “(iii) avoiding an actual or likely adverse effect on a 25 natural and physical resource or human health; and the defendant’s action was reasonable in all the circum- stances; and the defendant took steps that were reasonable in all the 30 circumstances to mitigate or remedy the effects of the action after it occurred.
“(5) The defences in subsections (3) and (4) are available only if the defendant— “(a) prepares a written notice for the prosecutor that— “(i) states the defendant’s intention to rely on the de- fence; and 35 200 Biosecurity Law Reform Bill Part 1 cl 61 “(ii) includes the facts that support the defence; and “(b) gives the notice to the prosecutor— “(i) at least 15 working days before the hearing date; or “(ii) within another time that the court allows.
5 “Penalty: section 157(3) “(6) A person commits an offence against this Act who fails to comply with any of sections 16A, 18, 19, 25, 29(1), 30(2), 35(1), (3), (5), and (7), 35A, 40(6), 51(1), and 121B(2).

“(7) A person commits an offence against this Act who fails to 10 comply with a condition imposed under section 27A or 29(2).

“Penalty: section 157(4) “(9) A person commits an offence against this Act who fails to comply with section 134(1)(b) or (1A).
“(10) A person commits an offence against this Act who fails to 15 comply with a reasonable requirement made of him or her in accordance with and for the purposes of this Act by— “(a) “(b) an official; or an automated electronic system.

“(11) A person commits an offence against this Act who fails to com- 20 ply with a reasonable direction given to him or her in accord- ance with and for the purposes of this Act by— “(a) “(b) an official; or an automated electronic system.
“(12) A person commits an offence against this Act who fails to 25 comply with a compliance order.

“Penalty: section 157(5) “(13) A person commits an offence against this Act who fails to comply with— “(a) any of sections 17, 34, 36, 51(3), 121(2), 121A(3), 30 132(9), and 141D(5): a requirement imposed under section 100L(2)(a) or 100ZB(2)(a) by an auditor acting under an authorisa- tion: regulations made under section 165(2) or (3).
35 “(b) “(c) 201 Part 1 cl 61 Biosecurity Law Reform Bill “(14) A person commits an offence against this Act who provides false information, if an import health standard requires the per- son to provide information.
“(15) A person commits an offence against this Act who— “(a) fails to make the declaration required by section 5 24J(b) or 24K(8)(b), if an inspector requires the per- son to make the declaration: “(b) makes a false declaration under section 24J or 24K, if an inspector requires the person to make the declaration.
“(16) A person commits an offence against this Act who fails to keep 10 statements, accounts, or records of leviable activity carried on by the person sufficient to satisfy the requirements of an order made under any of sections 100G, 100W, and 137.
“(17) A person commits an offence against this Act who fails to maintain statements, accounts, or records of leviable activity 15 carried on by the person to a sufficient standard to satisfy the requirements of an order made under any of sections 100G, 100W, and 137.
“(18) A person commits an offence against this Act in the following circumstances: “(a) “(b) the person operates or purports to operate a transitional facility or a containment facility; and the person— “(i) is not approved as the facility operator of the fa- cility; or 20 25 “(ii) has had the person’s approval as the facility op- erator of the facility suspended; or “(iii) operates or purports to operate a facility that does not have a facility approval; or “(iv) operates or purports to operate a facility that has 30 had its facility approval suspended; or “(v) does not comply with the operating standards for the facility.
“(19) A person commits an offence against this Act who fails to comply with a rule in a national pest management plan or a 35 national pathway management plan that specifies that a contra- vention of the rule creates an offence against this Act.
202 Biosecurity Law Reform Bill Part 1 cl 61 “(20) A person commits an offence against this Act who fails to comply with a rule in a regional pest management plan or a regional pathway management plan that specifies that a contra- vention of the rule creates an offence against this Act.
“(21) A person commits an offence against this Act who— is in a biosecurity control area; and is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or itinerary of risk goods; and fails— “(i) “(a) “(b) “(c) to answer the question within a reasonable time of its being asked; or to answer the question completely within a rea- sonable time of its being asked.
“(ii) “Penalty: section 157(7) “(22) A person commits an offence against this Act who erroneously declares that he or she is not in possession of any or all of the goods specified in a declaration that the person is required to make about the goods.

5 10 15 20 “154N Section 154N offences “Penalty: section 157(1) “(1) A person commits an offence against this Act who fails to comply with any of sections 46, 52, 53, and 134(1)(a).
“(2) A person commits an offence against this Act who threatens, 25 assaults, or intentionally obstructs or hinders an official exer- cising a power or carrying out a function or duty under a law.

“(3) A person commits an offence against this Act who intention- ally obstructs or hinders an automated electronic system doing an action under section 142F(2).

30 “(4) A person commits an offence against this Act who knowingly damages or impairs an automated electronic system.
“(5) A person commits an offence against this Act who, in connec- tion with the purposes of this Act, makes a statement or gives information that the person knows to be false or misleading in 35 a material particular to— an official; or “(a) 203 Part 1 cl 61 Biosecurity Law Reform Bill “(b) an automated electronic system.
“(6) A person commits an offence against this Act who wilfully withholds relevant information that the person is required by a law to provide in connection with the purposes of this Act from— “(a) “(b) an official; or an automated electronic system.
5 “(7) A person commits an offence against this Act who, in connec- tion with the purposes of this Act,— “(a) knowingly makes a return that the person is required by 10 a law to make that is false or misleading in a material particular; or “(b) knowingly makes a declaration that the person is re- quired by a law to make that is false or misleading in a material particular; or knowingly gives a certificate that the person is required by a law to give that is false or misleading in a material particular.
“(c) “(8) A person commits an offence against this Act who personates or falsely represents himself or herself to be— “(a) “(b) an official; or any other person authorised to exercise a power or carry out a function or duty under a law.
“(9) A person commits an offence against this Act who buys, sells, 15 20 exchanges, or otherwise acquires or disposes of unauthorised 25 goods— “(a) “(b) knowing that they may be unauthorised goods and reck- knowing that they are unauthorised goods; or less as to whether they are or not.
“(10) A person commits an offence against this Act who, knowing 30 that goods are risk goods that have been seized by, or are other- wise under the control of, an inspector, an authorised person, or an automated electronic system,— “(a) alters the condition of the goods without the permission of an inspector, an authorised person, or an automated 35 electronic system; or alters the condition of the goods with the permission of an inspector, an authorised person, or an automated “(b) 204 Biosecurity Law Reform Bill Part 1 cl 61 “(c) electronic system but not in the manner required by the permission; or unpacks or repacks the goods without the permission of an inspector, an authorised person, or an automated electronic system; or 5 “(d) unpacks or repacks the goods with the permission of an inspector, an authorised person, or an automated elec- tronic system but not in the manner required by the per- mission.
“(11) A person commits an offence against this Act in the following 10 circumstances: “(a) “(b) “(c) “(d) risk goods have been seized by, or are otherwise under the control of, an inspector, an authorised person, or an automated electronic system; and the goods are stored in a place where the inspector, au- 15 thorised person, or automated electronic system has di- rected that they should be stored; and the person knows the facts in paragraphs (a) and (b); and the person removes the goods from the place— “(i) without the permission of an inspector, an author- ised person, or an automated electronic system; or 20 “(ii) with the permission of an inspector, an authorised person, or an automated electronic system but not 25 in the manner required by the permission.
“(12) A person commits an offence against this Act in the following circumstances: “(a) “(b) “(c) risk goods have been seized under this Act; and the person knows the fact in paragraph (a); and the person takes or carries away the goods or otherwise converts them to his or her own use without the permis- sion of an inspector, an authorised person, or an auto- mated electronic system.
30 “(13) A person commits an offence against this Act in the following 35 circumstances: “(a) a direction has been given under this Act that the carcass of an organism or risk goods be buried; and the direction has been complied with; and “(b) 205 Part 1 cl 61 Biosecurity Law Reform Bill “(c) “(d) the person knows the facts in paragraphs (a) and (b); and the person exhumes the carcass of the organism or risk goods without the permission of an inspector, an author- ised person, or an automated electronic system.
“(14) A person commits an offence against this Act in the following 5 10 circumstances: “(a) “(b) “(c) “(d) a notice about a place is in force under section 130(1); and the person knows the fact in paragraph (a); and the person— “(i) removes an organism, organic material, or risk goods from the place; or removes from the place any goods that have, while in the place, been in contact with an organ- 15 ism, organic material, or risk goods; or “(ii) “(iii) introduces goods into the place; or “(iv) removes, alters, or defaces the identification that an inspector, an authorised person, or an auto- mated electronic system has directed be used to 20 identify an organism, risk goods, or other goods in the place; and the person does the action described in paragraph (c) without the permission of an inspector, an authorised person, or an automated electronic system.
25 “Penalty: section 157(2) “(15) A person commits an offence against this Act who has un- authorised goods in his or her possession or control, knowing that they are unauthorised goods.

“Penalty: section 157(3) 30 “(16) A person commits an offence against this Act who fails to comply with section 41(5).

“(17) A person commits an offence against this Act who fails to comply with section 51(2).
“(18) A person commits an offence against this Act who knowingly 35 fails to comply with a provision of this Act relating to the hold- ing of levy money in trust accounts.

206 Biosecurity Law Reform Bill Part 1 cl 62 “Penalty: section 157(5) “(19) A person commits an offence against this Act who fails to comply with section 37C(2) or (3).
“(20) A person commits an offence against this Act who fails to in- form the Ministry, as soon as practicable in the circumstances, 5 of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand, as required by sec- tion 44, if the person knows or could reasonably be expected to know that the organism is not normally seen or otherwise detected in New Zealand.
10 “(a) “(b) “(21) A person commits an offence against this Act who— is in a biosecurity control area; and is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or 15 itinerary of risk goods; and “(c) wilfully gives a false or misleading answer.” 62 (1) (2) (3) (4) (5) (6) Penalties Section 157(1) is amended by omitting “paragraphs (f), (g), (h), (i), (j), (k), (l), or (m) of section 154” and substituting 20 “section 154N(1) to (15)”.
Section 157(2) is amended by omitting “section 154(f)” and substituting “section 154N(15)”.

Section 157(3) is amended by omitting “paragraphs (a), (b), (c), (n), or (t) of section 154” and substituting “section 25 154M(6) or (7) or 154N(16) to (18)”.

Section 157(4) is amended by omitting “paragraph (d) or para- graph (e) of section 154 ” and substituting “section 154M(9) to (12)”.
Section 157(5) is amended by omitting “Subject to section 30 159, every person who commits an offence against any of para- graphs (ma), (o), (p), (q), (r), (u), or (v) of section 154” and substituting “Every person who commits an offence against any of section 154L, 154M(13) to (21), or 154N(19) to (21)”.
Section 157(7) is amended by omitting “Subject to section 159A, every person who commits an offence against para- 35 207 Part 1 cl 62A Biosecurity Law Reform Bill graph (s) of section 154” and substituting “Every person who commits an offence against section 154M(22)”.

62A Section 158 repealed Section 158 is repealed.

Proceedings for infringement offences 63 (1A) The heading to section 159 is amended by adding “other than 5 (1) border infringement offences”.
Section 159(1) is repealed and the following subsections are substituted: “(1) This section does not apply to border infringement offences.

“(1A) This section applies when— 10 “(a) “(b) an inspector has reason to believe that a defendant has committed an infringement offence: an authorised person has reason to believe that a defen- dant has committed an infringement offence that the au- 15 thorised person may deal with within his or her terms of appointment under section 103(1)(b), (2), or (3).
“(1B) Proceedings may be taken against the defendant under the Summary Proceedings Act 1957.

“(1C) Alternatively, the inspector or the authorised person may issue 20 an infringement notice to the defendant.
In that case,— “(a) proceedings for the offence may be commenced in ac- cordance with section 21 of the Summary Proceedings Act 1957; and section 21 of that Act applies with all necessary modi- 25 fications.” “(b) Section 159(2) is amended by inserting “, the authorised per- son (the authorised person who issued the notice), or an au- thorised person appointed by the same appointer as appointed the authorised person who issued the notice” after “notice)”.
30 Accelerated infringement notice procedure for border infringement offences Section 159A(1) is repealed and the following subsections are substituted: (2) 64 208 Biosecurity Law Reform Bill Part 1 cl 64A “(1) This section applies when an inspector has reason to believe that a defendant has committed a border infringement offence.

“(1A) Proceedings may be taken against the defendant under the Summary Proceedings Act 1957.
“(1B) Alternatively, the inspector may issue an infringement notice 5 to the defendant.
In that case,— “(a) proceedings for the offence may be commenced in ac- cordance with section 21 of the Summary Proceedings Act 1957; and section 21 of that Act applies with all necessary modi- 10 fications.” “(b) 64A New section 160 substituted Section 160 is repealed and the following section substituted: “160 Who gets payments of fines, fees, and pecuniary penalties “Fine: prosecution by Ministry “(1) Subsection (2) applies when— “(a) “(b) “(c) a person is convicted of an offence under this Act; and the court imposes a fine; and the information for the offence was laid on behalf of the Ministry.
If the court considers that the act or omission that constituted the offence was a material cause of a need to undertake a re- sponse activity, the court must order that all or part of the fine be paid to the departmental bank account of the Ministry.
“(2) “Fine: prosecution by management agency “(3) Subsections (4) and (5) apply when— “(a) “(b) “(c) a person is convicted of an offence under this Act; and the court imposes a fine; and the information for the offence was laid on behalf of a management agency.

“(4) The court must— “(a) “(b) order that the fine be paid to the management agency; and state in the order the amount of the fine that is compen- sation for loss or damage, if any of it is.
15 20 25 30 35 209 Part 1 cl 64A Biosecurity Law Reform Bill “(5) The registrar receiving the fine must credit 10% of the part of it that is not compensation for loss or damage to the Crown Bank Account.
“(6) “Infringement fee Infringement fees received under section 159 must be paid as 5 follows: “(a) if the infringement notice was issued by an inspector, to the Crown Bank Account: if the infringement notice was issued by an authorised person on behalf of a management agency, to the man- 10 agement agency: if the infringement notice was issued by an authorised person on behalf of a regional council, to the regional council.
“(b) “(c) “(7) Infringement fees received under section 159A must be paid 15 into the Crown Bank Account.

“Pecuniary penalty “(8) Subsection (9) applies when the court makes a pecuniary “(9) penalty order.

If the court considers that the failure to comply for which the 20 court imposed the order was a material cause of a need to undertake a response activity, the court must order that all or part of the pecuniary penalty be paid to the departmental bank account of the Ministry.
“Registrar’s authority 25 “(10) This section provides sufficient authority for a registrar receiv- ing a fine, fee, or pecuniary penalty to which this section ap- plies to deal with it in the manner required by this section.

“Ministry’s use of amount paid to it “(11) The Ministry must use the amount paid to its bank account 30 under subsection (2) or (9) in meeting the costs of undertak- ing the response activity.
“Definition for this section “(12) In this section, response activity has the meaning given to it in section 100T(3).” 35 210 65 (1) (2) (3) (4) (5) (6) 66 Biosecurity Law Reform Bill Part 1 cl 66 Evidence in proceedings Section 161(2)(a)(i) is amended by omitting “strategy” and substituting “plan or a regional pathway management plan”.

Section 161(2)(a)(ii) is amended by omitting “strategy” and substituting “plan”.
Section 161(2)(d)(ii) is amended by omitting “strategy” and substituting “plan or national pathway management plan”.

Section 161(2)(e)(ii) is amended by omitting “strategy” and substituting “plan or national pathway management plan”.

Section 161(2)(f) is amended by omitting “strategy” and sub- 10 stituting “plan or a regional pathway management plan”.
Section 161(2) is amended by adding the following paragraph: a certificate purporting to be signed by the Director- “(j) General stating that an action was done by an automated electronic system.” 15 5 New Part 8A inserted The following new Part is inserted after section 162: “Part 8A “Exclusive economic zone 20 “162AA Definitions for this Part “(1) “(2) In this Part, exclusive economic zone or EEZ means the zone described in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 as the exclusive eco- nomic zone.
In this Part, and in provisions modified by this Part, arrive in 25 the EEZ means to anchor in, berth in, or operate in the EEZ for the purpose of exploring or exploiting resources in the EEZ, or in preparation or support for such a purpose, after a voyage originating beyond the outer limits of the EEZ.

“162AB Application of Act in EEZ “(1) The provisions of this Act apply in the EEZ to the extent to which their language permits and with the modifications made by this Part.
30 “(1) The provisions of this Act apply in the EEZ— 211 Part 1 cl 66 Biosecurity Law Reform Bill to the extent to which they are relevant; and to the extent to which their language permits; and “(a) “(b) “(c) with the modifications made by this Part.
“(2) A modification made by this Part to a provision also applies to— “(a) “(b) regulations for which the modified provision is the par- ent provision; and instruments under this Act that apply generally for which the modified provision is the parent provision.
5 “(3) A provision in this Act that applies in the EEZ must be inter- 10 preted in a way that preserves the rights of other states, includ- ing the freedoms of navigation and overflight, as set out in the United Nations Convention on the Law of the Sea of 10 De- cember 1982.
“162AC Application of Act to fish and mammals taken in EEZ 15 “(1) Fish and marine mammals taken in the EEZ and carried on board a foreign licensed vessel, a vessel registered under the Fisheries Act 1983 1996, or a vessel operated by the Crown are treated for the purposes of this Act as if they were not imported goods.
In subsection (1),— “fish has the meaning given to it by section 2 of the Fisheries Act 1983 1996 “marine mammal has the meaning given to it by section 2 of the Marine Mammals Protection Act 1978.

“(2) 25 20 “162ACA Interpretation The definition of craft in section 2 applies as if ‘is imported by’ read ‘arrives in the EEZ after’.

“162AD Purpose of Part 3 Section 16 applies as if paragraph (b) read ‘craft that arrive 30 in the EEZ’.
“162AE Notice of intended arrival of craft in EEZ “(1) Section 17 applies as if ‘New Zealand’ and ‘New Zealand territory’ read ‘the EEZ’.

212 Biosecurity Law Reform Bill Part 1 cl 66 “(2) Section 17 applies as if ‘approved port’ and ‘port or destin- ation’ read ‘approximate location’.

“(3) Section 17(2), (6)(b)(ii), (7), (9)(c)(ii), and (10) do not apply.

“162AF Arrival of craft in EEZ “(1) Section 18(1) applies as if ‘craft that arrives at a place in New 5 Zealand’ read ‘craft that arrives in the EEZ’.
“(2) Section 18(1)(a)(ii) applies as if ‘port or destination’ read ‘ap- proximate location’.

“(3) Section 18(3) applies as if ‘or the EEZ’ appeared after ‘New 10 Zealand waters’.

“162AG Persons in charge of certain craft to obey directions of inspector or authorised person “(1) Section 19 applies as if ‘New Zealand’ read ‘the EEZ’.

“(2) Section 19(2)(a)(ii) applies as if ‘or the disembarkation of 15 crew or passengers from the craft’ did not appear.
“(3) Section 19(2)(c) applies as if ‘cargo, crew, passengers, stores, or’ did not appear.

“162AH Craft risk management standards and plans A craft risk management standard made under section 24G 20 may specify requirements for craft that arrive in the EEZ.
“162AI Boarding of craft Section 31 applies as if paragraph (b) read ‘any craft, used for the transportation of people or goods, or both, by sea, that is within the EEZ for the purposes of exploring or exploiting 25 resources in the EEZ, or in preparation or support for such a purpose, after a voyage originating beyond the outer limits of the EEZ—’.
“162AJ Powers relating to craft “(1) Section 32(1) applies as if ‘or the EEZ for the purpose of ex- 30 ploring or exploiting resources in the EEZ, or in preparation or support for such a purpose, after a voyage originating beyond 213 Part 1 cl 66 Biosecurity Law Reform Bill the outer limits of the EEZ’ appeared after the first reference to ‘New Zealand territory’.

“(2) Section 32(1)(a) applies as if ‘or the EEZ’ appeared after ‘New Zealand territory’.
“(3) Section 32(1)(b) applies as if ‘New Zealand territory’ read ‘the 5 EEZ, but only if there is no feasible alternative to managing the biosecurity risks posed by the craft and if the movement directed is only to the extent reasonably necessary to manage the biosecurity risks posed by the craft’.

“162AK Risk goods on board craft “(1) Section 33(1) applies as if ‘or attached to the outside of the 10 craft, including the hull,’ appeared after ‘on board a craft’.
“(2) Section 33(1) applies as if ‘or that has arrived in the EEZ’ appeared after the second reference to ‘New Zealand territory’.

“(3) Section 33(1)(a) applies as if ‘or the EEZ’ appeared after ‘New 15 Zealand territory’.
“(4) Section 33(1)(b) applies as if it read ‘move the craft outside New Zealand territory or the EEZ or move the craft into New Zealand territory from the EEZ (immediately, or within a period specified by the inspector), but only if there is no 20 feasible alternative to managing the biosecurity risks posed by the craft and if the movement directed is only to the extent reasonably necessary to manage the biosecurity risks posed by the craft; or’.
“(5) Section 33(2)(a) applies as if ‘or the EEZ’ appeared after ‘New 25 Zealand territory’.

“(6) Section 33(2)(b) applies as if it read ‘seize, destroy, or deal with the risk goods concerned’.

“(7) Section 33(3) applies as if ‘or attached to the outside of the craft, including the hull,’ appeared after ‘on board a craft’.

30 “162AL Duty to provide information Section 43(1)(a) applies as if ‘or in the EEZ’ appeared after ‘New Zealand’.
214 Biosecurity Law Reform Bill Part 1 cl 66 “162AM General duty to inform Section 44 Section 44(1) applies as if ‘or in the EEZ’ appeared after ‘New Zealand’.

“162AN Duty to report notifiable organisms Section 46(1)(a) applies as if ‘or in the EEZ’ appeared after 5 ‘New Zealand’.

“162AO General matters “(1) Section 62(3) applies as if ‘or in the EEZ’ appeared after ‘New Zealand’.

“(2) Section 62 applies as if it did not contain subsection (5).
10 “162AP Contents of plan Section 64(5)(c) applies as if ‘or the EEZ’ appeared after ‘New Zealand’ in all places.

“162AO Second step: satisfaction on requirements Section 62(d) applies as if ‘or the EEZ’ appeared after ‘New 15 Zealand’.

“162AP Fourth step: approval of preparation of plan and decision on management agency Section 64(5)(c) applies as if ‘or the EEZ’ appeared after ‘New Zealand’ in all places.
20 “162APA Second step: satisfaction on requirements Section 80(d) applies as if ‘or the EEZ’ appeared after ‘New Zealand’.

“162APB Fourth step: approval of preparation of plan and decision on management agency Section 82(5)(c) applies as if ‘or the EEZ’ appeared after ‘New Zealand’ in all places.

25 “162APC Definitions for Part 5A Section 100T applies as if ‘New Zealand’ read ‘the EEZ’.
215 Part 1 cl 66 Biosecurity Law Reform Bill “162APD Declaration of controlled area Section 131(2) applies as if ‘(which may be the whole or any specified part or parts of New Zealand)’ read ‘(which may be any specified part or parts of the EEZ)’.

“162AQ Declaration of biosecurity emergency 5 Section 144(1) applies as if ‘or the EEZ’ appeared after ‘New Zealand’ after ‘New Zealand’ in all places.
“162AR Emergency powers Section 145(2) applies as if ‘anywhere in New Zealand’ read ‘anywhere in New Zealand or the EEZ’ .

10 “162AS Provisional control action Section 152(1) applies as if ‘or the EEZ’ appeared after ‘New Zealand’.
“162AT Offences “(1) Section 154M is modified in that only the following of its 15 offence provisions apply in the EEZ: “(a) section 154M(1) to (5): “(b) section 154M(6), so far as it applies to sections 18 and 19: section 154M(10) to (12): “(c) “(d) section 154M(13), so far as it applies to section 17: “(e) “(f) section 154M(15): section 154M(19).
“(2) Section 154N is modified in that only the following of its offence provisions apply in the EEZ: “(a) section 154N(1), so far as it applies to sections 46, 52, and 53: “(b) section 154N(2): section 154N(3): “(c) “(ca) section 154N(4): “(d) section 154N(5): section 154N(6): “(e) section 154N(7): “(f) “(g) section 154N(8): 216 20 25 30 Biosecurity Law Reform Bill Part 1 cl 67 “(h) section 154N(20).
“162AU Regulations Section 165 is modified in that only the following of its regu- lation-making powers apply in the EEZ: “(a) section 165(2): “(b) section 165(6): “(d) section 165(14) to (17): section 165(19): “(e) “(f) section 165(21): “(g) section 165(23) “(h) section 165(24).
5 10 “162AV General provisions as to regulations Section 166(1) applies as if ‘or the EEZ’ appeared after ‘New Zealand’.” 67 Section 162A substituted Section 162A is repealed and the following section substi- tuted: 15 “162A Compensation “(1) This section applies when— “(a) “(b) “(c) “(d) powers under this Act are exercised for the purpose of 20 eradicating or managing an organism; and the powers are not exercised to implement a pest man- agement plan or pathway management plan; and the exercise of the powers causes loss to a person as a result of— “(i) damage to or destruction of the person’s prop- erty; or restrictions imposed under Part 6 or 7 on the movement or disposal of the person’s goods; and there is no government/industry agreement agreement 30 under Part 5A that applies to the loss and whose pro- visions on compensation are expressed to take priority over this section.
“(ii) 25 “(2) The person is entitled to compensation under this section for loss that— “(a) is verifiable; and 35 217 Part 1 cl 68 Biosecurity Law Reform Bill “(b) is loss that the person has been unable to mitigate by tak- ing every step that is reasonable in the circumstances.
“(3) Compensation must not be paid if— “(a) “(b) “(c) the person’s loss relates to unauthorised goods or un- cleared goods; or the person suffered the loss before the time at which the exercise of the powers began; or the person failed to comply with biosecurity law— “(i) “(ii) in a serious or significant way; or in a way that contributed to the presence of the 10 organism; or 5 “(iii) in a way that contributed to the spread of the organism.
“(4) The amount of compensation paid must put the person to whom it is paid in no better or worse position than a person 15 whose property or goods are not directly affected by the exercise of the powers.
“(5) The period for making a claim for compensation after the date on which the loss suffered by the person ought reasonably to have been verifiable is— “(a) within 1 year from the date; or “(b) after 1 year from the date, if the person was unable to make a claim within 1 year because of circumstances beyond the person’s control.
20 “(6) If there is a dispute about eligibility for, or the amount of, 25 compensation,— “(a) “(b) the dispute must be submitted to arbitration; and the arbitration must be conducted under the Arbitration Act 1996.
“(7) Compensation payable by a Minister or by the Director-Gen- 30 eral a chief executive is payable from money appropriated by Parliament for the purpose.” 68 Protection of inspectors and others Section 163 is amended by omitting “strategy” and substitut- ing “plan or a pathway management plan”.
35 218 Biosecurity Law Reform Bill Part 1 cl 70 68A Procedure for giving directions or making requirements (1) 5 Section 164A(1)(a)(iv) is amended by omitting “facsimile to the person’s usual or last known place of residence or busi- ness” and substituting “fax or email to the person’s fax num- ber or email address”.
Section 164A(1)(b)(vi) is amended by omitting “facsimile to the registered office of the body” and substituting “fax or email to the fax number or email address of the body’s registered office”.

Section 164A(1)(c)(vi) is amended by omitting “facsimile to 10 the usual or last known place of business of the partnership” and substituting “fax or email to the partnership’s fax number or email address”.
Section 164A(1)(d)(iv) is amended by omitting “facsimile to the head office of the appropriate department” and substituting 15 “fax or email to the fax number or email address of the head office of the appropriate department”.

(2) (3) (4) 69 New section 164D inserted The following section is inserted after section 164C: “164D Consultation about regulations “(1) Subsection (2) applies before the responsible Minister makes a recommendation for the purposes of section 165.
“(2) The responsible Minister must consult the persons who the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations, to the 25 extent to which consultation is reasonably practicable having regard to the circumstances of the particular case.” 20 70 Section 165 substituted Section 165 is repealed and the following section substituted: “165 Regulations “Part 3 matters 30 “(2) The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17(11).
“(3) The Governor-General may from time to time, by Order in 35 Council, make regulations on any or all of the following mat- 219 Part 1 cl 70 Biosecurity Law Reform Bill ters relating to the giving of notice of goods’ intended arrival in New Zealand: “(a) “(b) “(c) “(d) “(e) “(f) requiring that the notice be given to the Director-Gen- eral: specifying the class or description of importer who must 5 give the notice: specifying the class or description of goods of which notice must be given: requiring that the notice contain any or all of the follow- ing information about the goods: “(i) when and where, approximately, they will arrive 10 in New Zealand: their nature: “(ii) “(iii) details of their journey, including their place of “(iv) “(v) origin: the craft they are on: the basis on which the importer believes that they are eligible to receive a biosecurity clear- ance under section 26: 15 specifying the length of time before the goods arrive in 20 New Zealand at which the notice must be given: requiring importers giving notices— “(i) to give different information about the matters depending on the class or description of the goods: to give the information at different times depend- ing on the class or description of the goods: “(ii) “(g) providing for the Director-General to require the giving of the notice earlier than the times specified in the regu- lations if— “(i) an emergency or an urgent situation has arisen; and the emergency or the urgent situation creates a risk of significant harm to human health, the en- vironment, or the economy; and “(ii) “(iii) the earlier giving of the notice is necessary to avoid or mitigate the risk: “(h) specifying the form and manner in which the notice must be given.
220 25 30 35 Biosecurity Law Reform Bill Part 1 cl 70 “(4) The Governor-General may from time to time, by Order in Council, make regulations on any or all of the following for the purpose of managing risks associated with goods after the goods have received a biosecurity clearance: “(a) the class or description of goods to which the regula- 5 tions apply: the class or description of persons to whom the regula- tions apply: the places or areas in New Zealand in which the regu- lations apply: 10 “(b) “(c) “(d) on the use of the goods,— the use to which they must be put; or the restrictions or conditions on their use: “(i) “(ii) the use to which the goods must be put: 15 “(d) “(da) the restrictions or conditions on the use of the goods: “(e) requirements when ownership or possession of the goods is transferred: requirements to label the goods: requirements to report on or monitor the goods: requirements to keep records: requirements to notify the Director-General of matters: the duration of requirements in the regulations: a system for auditing and verifying compliance with the requirements in the regulations: any other matters reasonably necessary for the effective 25 implementation of the requirements in the regulations.
“(4A) The Governor-General may from time to time, by Order in “(f) “(g) “(h) “(i) “(j) “(k) “(l) 20 Council, make regulations for the purposes of section 38.
“Part 5 matters “(5) The Governor-General may from time to time, by Order in 30 Council, make regulations setting out the process for assigning responsibility under section 55, which must cover at least the following: “(a) what criteria the Minister must apply in assigning re- sponsibility: 35 “(b) what kind of consultation the Minister must undertake: how the Minister must communicate the Minister’s de- “(c) cision to the decision-maker and the public.
221 Part 1 cl 70 Biosecurity Law Reform Bill “(6) The Governor-General may from time to time, by Order in Council, make regulations about proposals for pest manage- ment plans or pathway management plans, prescribing pro- cedures on— preparation: “(a) “(b) notification: consultation: “(c) submissions: “(d) hearings: “(e) the protection of sensitive information.
“(f) “(7) The Governor-General may from time to time, by Order in 5 10 Council, make regulations— “(a) prescribing procedures to be followed and standards to be met by management agencies and persons acting on behalf of management agencies in implementing pest 15 management plans or pathway management plans: requiring reporting on the achievement of objectives in pest management plans or pathway management plans and on other aspects of performance relating to pest management plans or pathway management plans.
20 “(b) “Part 6 matters “(9) The Governor-General may from time to time, by Order in Council, make regulations— “(a) prescribing standards of technical competence, experi- ence, and qualifications relating to— “(i) the appointment of inspectors and authorised per- sons: the accreditation of accredited persons: “(ii) 25 “(b) prescribing procedures relating to— “(i) “(ii) the appointment of inspectors and authorised per- 30 sons: the accreditation of accredited persons.
“(10) The Governor-General may from time to time, by Order in Council, make regulations prescribing procedures to be fol- lowed and standards to be met by— “(a) “(b) “(c) inspectors: authorised persons: persons involved in the handling of diseased or pestif- erous organic material: 35 222 Biosecurity Law Reform Bill Part 1 cl 70 “(d) other persons involved in the exercise of a power or the carrying out of a function or duty under this Act.
“(11) The Governor-General may from time to time, by Order in Council, make regulations specifying audits for the purposes of section 105C(3).

5 “(12) The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 121A prescribing articles or substances that may be left on any place for the purpose of ascertaining the presence or absence of a pest or unwanted organism.
“(13) The Governor-General may from time to time, by Order in Council, make regulations prescribing the following matters relating to costs: “(a) this Act: regulations: the matters for which they are recoverable under— “(i) “(ii) “(iii) pest management plans: “(iv) pathway management plans: their amounts: the method by which they must be assessed: the persons liable for their payment: the circumstances in which their recovery may be wholly or partly waived or remitted.
“(b) “(c) “(d) “(e) 10 15 20 “Part 8 matters “(14) The Governor-General may from time to time, by Order in 25 Council, make regulations prescribing methods of implement- ing and enforcing standards prescribed under this Act.
“(15) The Governor-General may from time to time, by Order in Council, make regulations on the following matters relating to offences: “(a) prescribing offences committed by contravening a regu- lation made under this Act: 30 “(b) prescribing offences committed by contravening a law- ful direction or requirement under a regulation made under this Act: prescribing the offences against or under this Act that are infringement offences: “(c) 35 223 10 15 20 Part 1 cl 70 Biosecurity Law Reform Bill “(d) prescribing the form of an infringement notice for an “(e) “(f) “(g) infringement offence: prescribing any additional particulars required in an in- fringement notice for an infringement offence: prescribing an infringement fee no greater than $1,000 5 payable for each infringement offence: specifying that an infringement offence is a border in- fringement offence if it is committed— “(i) in a biosecurity control area at a port approved under section 37; or at a port approved under section 37A: “(h) prescribing the form of an infringement notice for a bor- “(ii) “(i) der infringement offence: prescribing any additional particulars required in an in- fringement notice for a border infringement offence.
“(15A) The Governor-General may from time to time, by Order in Council, make regulations specifying requirements in regula- tions or rules whose contravention gives rise to liability for the purposes of section 154G(2)(p).

“Risk goods, waste, organic material, and pest-ridden places “(16) The Governor-General may from time to time, by Order in Council, make regulations regulating or controlling the hold- ing, disposal, and treatment of risk goods.
“(17) The Governor-General may from time to time, by Order in prohibiting or controlling its disposal: Council, make regulations about garbage and other waste or- 25 ganic material,— “(a) “(b) providing for controls to prevent access to it by animals.

“(18) The Governor-General may from time to time, by Order in Council, make regulations about organic material,— “(a) “(b) prohibiting, regulating, or controlling its use: “(c) prohibiting or regulating organic material as food for organisms.
requiring its identification: 30 “(19) The Governor-General may from time to time, by Order in 35 Council, make regulations about places that are particularly liable to harbour pests or unwanted organisms, or are difficult 224 Biosecurity Law Reform Bill Part 1 cl 70 to monitor, or may serve as an active source of pests or un- wanted organisms,— “(a) “(b) prescribing technical standards for their construction, providing for their registration: equipping, maintenance, and operation: prescribing standards for their operators.
“(c) 5 “Standards, permits, registrations, approvals, and exemptions “(20) The Governor-General may from time to time, by Order in Council, make regulations prescribing standards for places that are required to be designated, registered, or approved— 10 “(a) under this Act; or “(b) under regulations.
“(21) The Governor-General may from time to time, by Order in Council, make regulations about permits, registrations, ap- provals, and exemptions under this Act,— “(a) prescribing the manner and content of applications for them: “(b) prescribing procedures for the assessment, consider- 15 “(c) “(d) “(e) ation, approval, and refusal of applications for them: prescribing conditions that must or may be attached to 20 them: regulating their issue, transfer, amendment, suspension, revocation, cancellation, or withdrawal: requiring their holders to— “(i) “(ii) provide copies of the records to the Director- General or any other chief executive, whenever the holders are asked and wherever the records are held; and keep records; and 25 “(iii) provide copies of any other information to the 30 Director-General or any other chief executive, whenever the holders are asked and wherever the information is held.
“Record-keeping “(22) The Governor-General may from time to time, by Order in 35 Council, make regulations requiring persons engaged in pre- scribed activities to— “(a) keep records; and 225 Part 1 cl 71 Biosecurity Law Reform Bill “(c) “(b) provide copies of the records to the Director-General or any other chief executive, whenever the holders are asked and wherever the records are held; and provide copies of any other information to the Dir- ector-General or any other chief executive, whenever 5 the holders are asked and wherever the information is held.
“Manner in which information to be provided “(23) The Governor-General may from time to time, by Order in Council, make regulations specifying the manner in which in- 10 formation that must be provided to the Ministry under this Act must be provided.
“Contemplated or necessary matters “(24) The Governor-General may from time to time, by Order in Council, make regulations providing for matters that are con- 15 templated by this Act or necessary to give it full effect or ne- cessary for its administration.” 71 72 General provisions as to regulations Section 166(2) is repealed.

Schedule 2 repealed Schedule 2 is repealed.


20 72AA Transitional provision on import health standards (1) In this section,— section 20 means section 20 of this Act section 22 means section 22 of the principal Act as it was 25 immediately before being repealed by section 20 section 22A means section 22A of the principal Act as it was immediately before being repealed by section 20 sections 23 to 24A mean sections 23 to 24A of the principal Act as substituted by section 20.
Subsection (3) applies when the process of making an import health standard under section 22 and section 22A is underway on the day on which this section commences.

30 (2) 226 Biosecurity Law Reform Bill Part 1 cl 73 (3) If the process is to continue, it must continue from the provi- sion in sections 23 to 24A that most accurately describes the stage that the process reached under section 22 or section 22A.
72A Saving of independent review panel Gazette notice (1) This section applies to the Biosecurity (Process for Establish- 5 ing Independent Review Panel) Notice 2008 (Gazette 2008, p 2765).

The notice is unaffected by the repeal of section 22A of the principal Act by section 20 of this Act.

The notice may be amended, revoked and replaced, or revoked 10 as if section 22A of the principal Act had not been repealed by section 20 of this Act.
(2) (3) Transitional provision on pest management 73 (1) A national pest management strategy in force on the day on which this section commences is deemed to be a national pest 15 management plan.

(2) A regional pest management strategy in force on the day on which this section commences is deemed to be a regional pest management plan.
(3) A reference to a strategy rule in a national pest management 20 strategy or regional pest management strategy to which sub- section (1) or (2) applies is deemed to be a reference to a rule.

(4) A reference in a document existing on the day on which this (5) (6) section commences to a pest management strategy is deemed 25 to be a reference to a pest management plan the pest manage- ment plan that subsection (1) or (2) deems the strategy to be.
The references in clause 10(i) and (iii) in Schedule 2 of the Waitutu Block Settlement Act 1997 to a pest management strategy are deemed to be references to a pest management 30 plan.
Consultation on a proposed national policy direction under- taken before the commencement of this section that is sub- stantially the same as the consultation required by section 57 of the principal Act, as substituted by section 37 of this Act, 35 227 Part 1 cl 73 Biosecurity Law Reform Bill (7) fulfils the requirement for consultation in section 57 of the principal Act, as substituted by section 37 of this Act.
The following provisions apply to the review of a national pest management strategy, or a regional pest management strategy, in force on the day on which this section commences, in the 5 period before the national policy direction is approved by the Governor-General under section 57 of the principal Act, as substituted by section 37 of this Act: (a) the date for the next review of the strategy remains as required by section 88 of the principal Act as it was 10 before being repealed by section 37 of this Act: the review may or may not be conducted: if conducted, the review must be conducted under sec- tion 100 of the principal Act as substituted by section 37 of this Act, which applies with all necessary modi- 15 fications.
(b) (c) (7A) The following provisions apply to the review of a national pest management strategy, or a regional pest management strategy, in force on the day on which this section commences, in the period after the national policy direction is approved by the 20 Governor-General under section 57 of the principal Act, as substituted by section 37 of this Act: (a) the date for the next review of the strategy is the earlier of the following: (i) the date required by section 88 of the principal 25 Act as it was before being repealed by section 37 of this Act: the date required by the national policy direction: (ii) the review must be conducted: the review must be conducted under section 100 of the 30 principal Act as substituted by section 37 of this Act, which applies with all necessary modifications.
(b) (c) (8) A national pest management plan or regional pest management plan that has been reviewed as described in subsection (7A) is deemed to be not inconsistent with the national policy di- 35 rection, but a court may declare that it is inconsistent.
In subsections (8) to (8L),— (a) references to sections 62, 68, 78, 79B, and 88 mean those sections of the principal Act as they were immedi- (7) 228 Biosecurity Law Reform Bill Part 1 cl 73 ately before being repealed by section 37 of this Act; and references to sections 100, 100AA(3), 100AA(5), and 100B mean those provisions of the principal Act as substituted by section 37 of this Act; and references to Part 5 mean that Part of the principal Act as substituted by section 37 of this Act.
5 (b) (c) Dates and processes for reviews of existing strategies Subsections (8A) to (8D) apply when section 88 requires that a national pest management strategy or a regional pest 10 management strategy that is in force on the day on which this section commences be reviewed in the period starting with the date on which this section commences (which is a fixed date) and ending with the date on which the Minister or council makes a determination under section 100AA(3) (which is not 15 a fixed date).
(8) (8B) (8C) (8A) The Minister or council must choose whether to conduct the review or to wait to see whether the determination under sec- tion 100AA(3) requires a review under section 100AA(5).

If the Minister or council chooses to conduct the review, the 20 review must be conducted under section 100, which applies with all necessary modifications.
If the Minister or council chooses to wait to see whether the determination under section 100AA(3) requires a review under section 100AA(5), and the determination does require 25 a review, the review required by section 88 and the review required by section 100AA(5) must be conducted together under section 100.
If the Minister or council chooses to wait to see whether the de- termination under section 100AA(3) requires a review under 30 section 100AA(5), and the determination does not require a review, the review required by section 88 must be conducted under section 100, which applies with all necessary modifi- cations.
(8D) (8E) Subsections (8F) and (8G) apply when section 88 requires 35 that a national pest management strategy or a regional pest management strategy that is in force on the day on which this section commences be reviewed on or after the date on which 229 Part 1 cl 73 Biosecurity Law Reform Bill (8F) (8G) the Minister or council makes a determination under section 100AA(3) (which is not a fixed date).
If the determination requires a review under section 100AA(5), the Minister or council may decide that the review required by section 88 and the review required by section 5 100AA(5) will be conducted together under section 100 and, if that decision is made, must apply section 100AA(5)(a).

If the determination does not require a review under section 100AA(5), the review required by section 88 must be con- ducted under section 100, which applies with all necessary 10 modifications.
Process for existing proposals (8H) Subsection (8I) applies if, on the day on which this section commences, the Minister has not yet acted under section 68 on a proposal notified under section 62 or a council has not yet 15 acted under section 79B on a proposal notified under section 78.

(8I) Part 5 applies with the modification that, for all plans, the first, second, and third steps are deemed to have been taken.
Process for strategy due to expire 20 (8J) Subsections (8K) and (8L) apply if a national pest manage- ment strategy or a regional pest management strategy that is in force on the day on which this section commences is due to expire in the period starting with the date on which this sec- tion commences (which is a fixed date) and ending with the 25 date on which the Minister or council makes a determination under section 100AA(3) (which is not a fixed date).
If the Minister or council wishes to extend the expiry date without a review under section 100, the Minister or coun- cil must— (a) (b) apply section 100B to make the extension; and set a new expiry date that is within 12 months of the existing expiry date.

(8K) 30 (8L) The Minister or council may exercise the power in subsec- tion (8K) as many times as needed before the Minister or 35 council makes a determination under section 100AA(3).
230 Biosecurity Law Reform Bill Part 1 cl 73 (9) Section 68(5) of the principal Act, as substituted by section 37 of this Act, has no effect for a particular regional pest man- agement plan until— (a) (b) (b) (c) the national policy direction has been approved by the Governor-General under section 57 of the principal 5 Act, as substituted by section 37 of this Act; and the regional pest management plan has been reviewed as described in subsection (7A) of this section; and the plan— (i) has been the subject of a determination by the 10 council under section 100AA(3); and if the determination was that the plan was in- consistent with the direction, has been amended under section 100AA(4) or following a review under section 100AA(5); and (ii) 15 either— (i) (ii) the time in section 74(3) of the principal Act, as substituted by section 37 of this Act, has ended with no application to the Environment Court having been made; or an application under section 74 of the principal Act, as substituted by section 37 of this Act, has been made and determined and either all appeals have been determined or the time for appealing has ended.
(10) During the period in which section 68(5) of the principal Act as substituted by section 37 of this Act has no effect, as described in subsection (9), section 87(2) of the principal Act as it was immediately before it was repealed by section 37 of this Act continues to apply.

(11) A small-scale management programme declared under section 100 of the principal Act in force on the day on which this sec- tion commences is deemed to have been made under section 100Q as substituted by section 37 of this Act.
(12) On the day on which this section commences, the following 35 provisions apply: (a) if a proposal has been notified under section 62 and the Minister has not yet acted under section 68, Part 5 ap- plies (meaning section 62, section 68, and Part 5 as they 231 20 25 30 Part 1 cl 74 Biosecurity Law Reform Bill (b) were on the day immediately before the day on which this section commences): if a proposal has been notified under section 78 and the council has not yet acted under section 79F, Part 5 ap- plies (meaning section 78, section 79F, and Part 5 as 5 they were on the day immediately before the day on which this section commences).
Transitional provision on import health standards on ballast water or biofouling The import health standard entitled “Importing Ballast Water 10 from all Countries”, and any import health standard issued under the principal Act that relates to biofouling, is valid until replaced by an appropriate craft risk management standard made under sections 24G and 162AH of the principal Act, as respectively substituted and inserted by sections 20 and 15 66 section 24G of the principal Act as inserted by section 20 of this Act.
The import health standards referred to in subsection (1) apply to craft that arrive in the EEZ until replaced by an appro- priate craft risk management standard made under sections 20 24G and 162AH of the principal Act, as respectively substi- tuted and inserted by sections 20 and 66 section 24G of the principal Act as inserted by section 20 of this Act.
In subsection (2), arrive in the EEZ has the meaning given to it by section 162AA(1) section 162AA(2) of the principal 25 Act, as inserted by section 66 of this Act.

Transitional provision on compensation Section 162A(5) of the principal Act, as substituted by sec- tion 69 of this Act, applies to loss suffered after the com- mencement of this section.
Saving of provision on compensation Section 162A of the principal Act, as it was immediately be- fore its repeal by section 67 of this Act, applies in the case of a person whose eligibility for compensation under it arose before the commencement of this section.

30 35 74 (1) (2) (3) 75 75 232 Biosecurity Law Reform Bill Part 2 cl 76 Part 2 Amendments relating to ballast water 76 (1) (2) Amendments to Maritime Transport Act 1994 This section amends the Maritime Transport Act 1994.
Section 2(1) is amended by inserting the following definition 5 in its appropriate alphabetical order: “ballast water has the meaning given to it 246A(1)”.
The following section is inserted after section 197: in section (3) “197A Regulations may impose ballast water management levy “(1) The Governor-General may from time to time, by Order in Council, make regulations imposing a ballast water manage- ment levy on ships, as defined in section 246A(3)(a), that discharge ballast water from outside New Zealand waters into New Zealand waters or the exclusive economic zone.
“(2) The purpose of the levy is to wholly or partly fund admin- istration, inspection, and enforcement services relating to the control and management of ballast water.

“(3) Sections 191(3) to 197 apply with all necessary modifications to regulations made under this section.” (4) (3A) The definition of marine protection product in section 225 is amended by inserting “or ballast water” after “harmful sub- stance” wherever it appears.
The following new Part is inserted after section 246: “Part 19A “Protection of marine environment from ballast water “246A Meaning of ballast water, convention, and ship “(1) Ballast water means water with its suspended matter taken on 10 15 20 25 board a ship to control the ship’s trim, list, draught, stability, 30 or stresses.
“(2) Convention means the International Convention for the Con- trol and Management of Ships’ Ballast Water and Sediments, 2004, in— “(a) “(b) sections 271(2)(ca), 272(1)(aa), and 388(n).
this section; and 35 “(3) Ship— 233 Part 2 cl 76 Biosecurity Law Reform Bill “(a) means a ship within the meaning of the convention, in— subsection (4); and “(i) “(ii) sections 197A, 246B to 246D, 271(2)(ca), 388(n), 396(3)(aa), 397(2)(ca), and 397(3): “(a) means a ship within the meaning of the convention, in 5 “(b) sections 197A, 246B to 246D, 271(2)(ca), 388(n), 396(3)(aa), 397(2)(ca), and 397(3): includes a ship within the meaning of the convention, in sections 396(1)(c) and (3)(c) and 397(1) and (2)(d) to (g).
“246B Discharge from ships “(1) Ballast water may be discharged from a ship only in accord- ance with the applicable marine protection rules.

“(a) “(2) Subsection (1) applies to— a ship in— “(i) “(ii) “(iii) the exclusive economic zone of New Zealand; the territorial sea of New Zealand; or the internal waters of New Zealand; or 10 15 and “(b) a ship that is a New Zealand ship in the sea beyond 20 the outer limits of the exclusive economic zone of New Zealand.
“246C Offence “(1) This section applies if ballast water is discharged from a ship in breach of section 246B.

25 “(2) The master or owner of the ship commits an offence.

“(3) A person who is not the master or owner of the ship and who causes intentional damage resulting in the discharge of the bal- last water commits an offence.
“(4) A person who commits an offence under this section is liable 30 to— “(a) “(b) imprisonment for a term not exceeding 2 years; or a fine or fines as follows: “(i) a fine not exceeding $200,000; and 234 Biosecurity Law Reform Bill Part 2 cl 76 “(ii) if the offence is a continuing one, a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.

“(5) Section 246 applies as if the reference to section 237 were a reference to this section.
“246D Defences “(1) This section sets out defences to proceedings for an offence against section 246C.

“(2) The defendant has a defence if the defendant proves that the discharge— “(a) was for the purpose of saving life; and “(b) was a reasonable step to take to achieve the purpose.

5 10 “(3) The defendant has a defence if the defendant proves that the discharge— “(a) was for the purpose of securing the safety of a ship; and 15 “(b) was a reasonable step to take to achieve the purpose.
“(4) The defendant has a defence if the defendant proves that— “(a) “(b) “(c) the ballast water escaped as a consequence of damage to— “(i) “(ii) a ship or its equipment; or apparatus other than a ship used in connection with marine operations; or “(iii) a pipeline; and the damage did not result from the defendant’s negli- gence or deliberate act; and as soon as practicable after the damage occurred, all reasonable steps were taken— to prevent the escape; or “(i) if the escape could not be prevented, to minimise “(ii) the escape.
“246E Director’s powers “(1) The Director may investigate a discharge or escape of ballast water.
“(2) For the purposes of carrying out the investigation, the Director may— 20 25 30 35 235 Part 2 cl 76 Biosecurity Law Reform Bill “(a) make inquiries of a person who the Director has reason to believe is in possession of information that may assist in establishing the cause of the discharge or escape: issue a summons requiring a person to— “(i) “(b) attend at the time and place specified in the sum- 5 mons: “(ii) give evidence: “(iii) produce documents or things in his or her posses- sion or control that are relevant to the subject of the investigation: 10 “(c) “(d) “(e) remove a document from the place where it is kept and take possession of it for a period of time that is reason- able in the circumstances: require a person to reproduce in a usable form informa- tion recorded or stored on a document, electronically or 15 otherwise, or allow the Director to reproduce it: prohibit or restrict access by persons or classes of per- sons to the site of the discharge or escape to which the investigation relates, if the Director believes on reason- able grounds that prohibiting or restricting access is ne- 20 cessary to— “(i) “(ii) prevent any thing involved in the discharge or escape being tampered with, altered, mutilated, or destroyed: preserve or record evidence; or 25 “(f) seize, detain, remove, preserve, protect, or test any thing that the Director believes on reasonable grounds may assist in establishing the cause of the discharge or escape.
“(3) The Director may authorise a person to carry out an action 30 described in subsection (2).

“(4) Section 5 of the Commissions of Inquiry Act 1908 applies to a summons under this section.

“(5) “Definition for this section In this section, document means a document in any form, elec- 35 tronic or otherwise.
236 Biosecurity Law Reform Bill Part 2 cl 76 “246F Person subject of exercise of Director’s powers “(1) A person required to do anything under section 246E(2) has the same privileges and immunities as a person giving evi- dence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.
5 “(2) A person required to do anything under section 246E(2) who fails, without reasonable cause, to do it commits an offence and is liable to a fine not exceeding $1,000.” (4A) Section 271(2) is amended by inserting the following para- graph after paragraph (c): “(ca) for a document issued under the convention, the ship cannot discharge ballast water without presenting a threat of harm to the environment, human health, property, or resources (convention and ship having the meanings given to them in section 246A(2) and 15 (3)(a)); or”.
10 (4B) Section 272(1) is amended by inserting the following para- graph after paragraph (a): “(aa) suspend the recognition by the Director as a marine protection document of any document issued under the 20 convention, or impose conditions on recognition, if he or she considers the action necessary in the interests of protecting the environment, human health, property, or resources (convention having the meaning given to it in section 246A(2)); or”.
25 (4C) Section 276(2)(a) is amended by inserting “or ballast water” after “sea from harmful substances”.

(4D) Section 276(2)(b) is amended by inserting “or ballast water” after “harmful substances”.
Section 388 is amended by adding the following paragraph: (5) 30 “(n) prescribing requirements and procedures relating to the control and management of ballast water for the purposes of the convention, including, but not limited to, provision for the Director to issue guidelines that allow for exemptions from the re- 35 quirements and procedures for ships complying with the guidelines.” 237 Part 2 cl 76 Biosecurity Law Reform Bill (5A) Section 395(2)(c) is repealed and the following paragraph sub- stituted: “(c) the granting of the exemption will not significantly in- crease the risk of harm,— “(i) for a marine protection rule on ballast water, to 5 the environment, human health, property, or re- sources; or for any other marine protection rule, to the mar- ine environment.” “(ii) (5B) Section 396(1) is amended by omitting “harm” and substitut- 10 ing “harm or protecting the environment, human health, prop- erty, or resources from harm from ballast water”.
(5C) Section 396(2) is amended by omitting “harm” and substitut- ing “harm or protecting the environment, human health, prop- erty, or resources from harm from ballast water”.
Section 396(3) is amended by inserting the following para- graph after paragraph (a): “(aa) for a ship, as defined in section 246A(3)(a), require (6) 15 the person to— “(i) allow the Director to take a sample of the ship’s 20 ballast water: “(ii) demonstrate to the Director the familiarity of the master or crew with essential procedures for the prevention of harm to the environment, human health, property, or resources from ballast 25 water:”.
(7) Section 397(2) is amended by inserting the following para- graph after paragraph (c): “(ca) in relation to ballast water, and ships as defined in sec- tion 246A(3)(a),— “(i) there is an existing discharge from the ship of ballast water in breach of this Act; or there is likely to be a discharge from the ship of ballast water in breach of this Act; or “(ii) 30 “(iii) ships of a particular class are likely to give rise to 35 a discharge of ballast water in breach of this Act; or”.
238 (8) 77 78 79 80 (1) (2) (2) Biosecurity Law Reform Bill Part 3 cl 80 Section 397(3) is amended by inserting “or essential proced- ures on a ship, as defined in section 246A(3)(a), for the pre- vention of harm to the environment, human health, property, or resources from ballast water” after “pollution”.
Amendments to Maritime Transport (Marine Protection Conventions) Order 1999 Clause 3 of the Maritime Transport (Marine Protection Con- ventions) Order 1999 is amended by inserting the following paragraph after paragraph (d): “(da) International Convention for the Control and Manage- 10 ment of Ships’ Ballast Water and Sediments, 2004:”.
5 Amendments to Resource Management (Marine Pollution) Regulations 1998 Clause 14(2) of the Resource Management (Marine Pollution) Regulations 1998 is amended by adding “or in contravention 15 of section 246B of the Maritime Transport Act 1994 or rules made under that Act”.
Part 3 Related amendments to other enactments Amendment to Ombudsmen Act 1975 Part 2 of Schedule 1 of the Ombudsmen Act 1975 is amended by inserting “Management agencies under Biosecurity Act 1993, if they are corporate bodies, in their role under pest management plans or pathway management plans” after “The Legal Services Agency Learning State Limited”.

20 25 Amendments to Wild Animal Control Act 1977 This section amends the Wild Animal Control Act 1977.
The definition of wild animal in section 2(1) is amended by omitting “, thar, wallaby, or possum (Trichosurus vulpecula)” from paragraph (a)(ii) and substituting “or tahr”.

The definition of wild animal in section 2(1) is amended by omitting “, tahr, wallaby, or possum (Trichosurus vulpecula)” from paragraph (a)(ii) and substituting “or tahr”.
30 239 Part 3 cl 81 Biosecurity Law Reform Bill (3) 81 (1) (2) (3) (4) (5) 82 (1) (2) (3) (4) Section 12(5)(a) is amended by omitting “, chamois, possum, or wallaby” and substituting “or chamois”.

5 Amendments to Wildlife Act 1953 This section amends the Wildlife Act 1953.

Part 4 is repealed.

Section 72(2)(o) is repealed.


Schedule 5 is amended by— (a) inserting “Possum (family Phalangeridae)” after “Pole- cat (family Mustelidae)”; and inserting “Wallaby (family Macropodidae)” after “Stoat 10 (family Mustelidae)”.

(b) Schedule 6 is amended by omitting “Possum (family Phalan- geridae)” and “Wallaby (family Macropodidae)”.
Transitional provision on wallabies and possums The organism wallaby (family Macropodidae) is deemed to be 15 an unwanted organism within the meaning in the Biosecurity Act 1993 for 2 years from the day on which this section com- mences.

The Governor-General may, by Order in Council, extend the period referred to in subsection (1).
The order— (a) is a regulation for the purposes of the Regulations (Dis- allowance) Act 1989; and is a regulation for the purposes of the Acts and Regula- tions Publication Act 1989.

(b) 20 25 Subsections (5) to (7) apply to a permit, licence, or other authority (permission) that— (a) was issued under the Wild Animal Control Act 1977; and relates to a wallaby (family Macropodidae) or possum 30 (family Phalangeridae); and exists on the day on which this section commences.
(b) (c) (5) A permission continues in force according to its tenor.

(6) A reference in a permission to the Director-General of Con- servation or to any other office or officer of the Department of 35 Conservation or to the Minister of Conservation is deemed to 240 Biosecurity Law Reform Bill Part 3 cl 83 (7) 83 be a reference to the Director-General as defined in the Biose- curity Act 1993.
The Director-General, as defined in the Biosecurity Act 1993, may exercise any or all of the powers under the Wild Animal Control Act 1977 to amend, suspend, revoke, or renew a per- 5 mission.

Consequential amendments and revocations The enactments in the Schedule are amended or revoked as indicated in the Schedule.
241 Schedule Biosecurity Law Reform Bill Schedule Consequential amendments and revocations s 83 Amendments to Acts Animal Products Act 1999 (1999 No 93) Section 161(5)(f): omit “strategies” and substitute “plans or pathway management plans”.

5 Climate Change Response Act 2002 (2002 No 40) Section 184(9)(a): omit “strategy” and substitute “plan”.

Section 187(4)(b): omit “strategy” and substitute “plan”.

Section 188(1)(c)(ii): omit “strategy” and substitute “plan”.
10 Criminal Procedure Act 2011 (2011 No 81) Schedule 3, Part 1: omit the item relating to section 158(1) of the Biosecurity Act 1993.
Schedule 3, Part 1: omit the item relating to section 159(1)(a) of the 15 Biosecurity Act 1993 and substitute: “Section 159(1B): replace ‘under the Summary Proceedings Act 1957’ with ‘by filing a charging document under section 14 of the Criminal Procedure Act 2011’.” Schedule 3, Part 1: omit the item relating to section 159A(1)(a) of 20 the Biosecurity Act 1993 and substitute: “Section 159A(1A): replace ‘under the Summary Proceedings Act 1957’ with ‘by filing a charging document under section 14 of the Criminal Procedure Act 2011’.” Schedule 3, Part 1: insert the following items relating to the Biose- 25 curity Act 1993: “Section 160(1)(c): omit ‘information for the offence was laid’ and substitute ‘charging document for the offence was filed’.
“Section 160(3)(c): omit ‘information for the offence was laid’ and substitute ‘charging document for the offence was filed’.” 30 242 Biosecurity Law Reform Bill Schedule Criminal Procedure Act 2011 (2011 No 81)—continued Schedule 3, Part 1: omit new section 162 of the Biosecurity Act 1993 and substitute: “162 Time for filing charging document for certain offences “(1) This section applies to— “(a) an offence against any of sections 154L, 154M(9) to 5 (22), and 154N(19) to (21): an offence against any regulations made under this Act.
“(2) The limitation period for the offence ends on the date that is 2 years after the date on which the offence was committed.

“(b) “(3) Section 25 of the Criminal Procedure Act 2011 does not apply 10 to the offence.” Schedule 3, Part 4: omit the item relating to the Biosecurity (Forms) Regulations 1995 (SR 1995/129).

Dog Control Act 1996 (1996 No 13) Section 2: definition of working dog: omit “strategy” from para- 15 graph (b)(iv) and substitute “plan”.
Hazardous Substances and New Organisms Act 1996 (1996 No 30) Section 46(1): omit “strategy” and substitute “plan”.

Section 46(1): omit “strategy has been approved under section 68” 20 and substitute “plan has been approved under section 65”.

Walking Access Act 2008 (2008 No 101) Section 54(4): omit “strategy” and substitute “plan”.
Amendments to regulations Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Regulations 2011 (SR 2011/327) Regulation 7(g): omit “strategy” and substitute “plan”.

25 243 Schedule Biosecurity Law Reform Bill Biosecurity (American Foulbrood—Apiary and Beekeeper Levy) Order 2003 (SR 2003/283) Clause 3: definition of National American Foulbrood Pest Man- agement Strategy: omit “Strategy means the strategy” and substi- tute “Plan means the plan”.
Clause 15: omit “Strategy” and substitute “Plan”.

Clause 19: omit “section 95B” and substitute “section 100K”.

Biosecurity (Bovine Tuberculosis—Cattle Levy) Order 1998 (SR 1998/457) Clause 11(2)(b): omit “strategy” and substitute “plan”.

Clause 3: omit “Strategy” and substitute “Plan”.

Clause 16: omit “Strategy” and substitute “Plan”.

Clause 20: omit “section 95B” and substitute “section 100K”.
Biosecurity (Bovine Tuberculosis—Otago Land Levy) Order 1998 (SR 1998/442) Clause 2: omit “Strategy” in all the definitions in which it appears and substitute “Plan” in each case.

Clause 3: omit “Strategy” and substitute “Plan”.

Clause 16: omit “section 95B” and substitute “section 100K”.

Biosecurity (Deer and Other Testing Costs) Regulations 1998 (SR 1998/458) Regulation 3(1)(a): omit “section 121(1)” and substitute “section 121(1) to (1B)”.
5 10 15 20 Biosecurity (Forms) Regulations 1995 (SR 1995/129) Form D: omit “Strategy” and substitute “plan or a pathway manage- 25 ment plan”.

Regulation 3(d): omit.

Form D: omit.
244 Biosecurity Law Reform Bill Schedule Biosecurity (Infringement Offences) Regulations 2010 (SR 2010/67) Schedule 1: revoke and substitute: Schedule 1 Infringement offences and fees rr 3, 5 5 Provision of Biosecurity Act 1993 General description of offence Infringement fee ($) s 154M(21) s 154M(22) Having, while in a biosecurity control area, been asked a question by an inspector or an automated electronic system, failing to answer within a reasonable time or failing to answer completely within a reasonable time Making an erroneous declaration that the person is not in possession of specified goods 100 400 Biosecurity (National American Foulbrood Pest Management Strategy) Order 1998 (SR 1998/260) Clause 1(1): omit “Strategy” and substitute “Plan”.
Clause 2(1): definition of authorised person: omit “strategy” and substitute “plan”.

Omit cross heading “Strategy” and substitute “Plan”.

Clause 3: omit “Strategy” from the heading and substitute “Plan”.

10 245 Schedule Biosecurity Law Reform Bill Biosecurity (National American Foulbrood Pest Management Strategy) Order 1998 (SR 1998/260)—continued 5 10 Clause 3: omit “Strategy” and substitute “Plan”.

Clause 4: omit “strategy” and substitute “plan”.


Clause 5: omit “strategy” from the heading and substitute “plan”.

Clause 5: omit “strategy” from each place where it appears and sub- stitute “plan” in each place.

Clause 6: omit “strategy” and substitute “plan”.

Clause 7: omit “strategy” and substitute “plan”.

Clause 8: omit “strategy” from the heading and substitute “plan”.

Clause 8: omit “strategy” from each place where it appears and sub- stitute “plan” in each place.
Clause 9: omit “strategy” from the heading and substitute “plan”.

Clause 9: omit “strategy” and substitute “plan”.

Clause 10(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 11(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
Clause 13(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 20 154M(19)”.

Clause 14(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 15(2): omit “, without reasonable excuse, is an offence 25 under section 154(q)” and substitute “is an offence under section 154M(19)”.
Clause 16(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 20(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
15 30 246 Biosecurity Law Reform Bill Schedule Biosecurity (National American Foulbrood Pest Management Strategy) Order 1998 (SR 1998/260)—continued 10 Clause 21(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 22(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 5 154M(19)”.

Clause 23(2): omit “strategy” and substitute “plan”.
Clause 24(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 26(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 27(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 15 154M(19)”.
Clause 29(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 31(4): omit “, without reasonable excuse, is an offence 20 under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 32(5): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
Clause 33(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 40(1)(a): omit “strategy” and substitute “plan”.

Clause 41: omit “strategy” from the heading and substitute “plan”.

30 Clause 41: omit “strategy” and substitute “plan”.

Clause 42: omit “strategy” and substitute “plan”.


25 247 Schedule Biosecurity Law Reform Bill 5 Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998 (SR 1998/179) Clause 1(1): omit “Strategy” and substitute “Plan”.

Clause 2(1): definition of authorised person: omit “strategy” and substitute “plan”.

Clause 2(1): definition of common costs: omit “strategy” and sub- stitute “plan”.
Clause 2(1): insert the following definition in its appropriate alpha- betical order: “plan means the National Bovine Tuberculosis Pest Management 10 Plan made by this order”.

Clause 2(1): revoke the definition of strategy.

Clause 3: omit “Strategy” from the heading and substitute “Plan”.

Clause 3: omit “Strategy” and substitute “Plan”.

Clause 4: omit “strategy” and substitute “plan”.

Clause 5: omit “strategy” from the heading and substitute “plan”.
Clause 5: omit “strategy” from each place where it appears and sub- stitute “plan” in each place.

Clause 5A: omit “strategy” from the heading and substitute “plan”.

Clause 5A: omit “strategy” and substitute “plan”.

Clause 6: omit “strategy” and substitute “plan”.

Clause 7: omit “strategy” from the heading and substitute “plan”.

Clause 7: omit “strategy” and substitute “plan”.

Clause 8: omit “strategy” from the heading and substitute “plan”.
Clause 8: omit “strategy” from each place where it appears and sub- 25 stitute “plan” in each place.

Clause 9: omit “strategy” from the heading and substitute “plan”.

Clause 9: omit “strategy” and substitute “plan”.

Clause 10(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 30 154M(19)”.

Clause 11(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
15 20 248 Biosecurity Law Reform Bill Schedule Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998 (SR 1998/179)—continued Clause 12(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 12A(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 5 154M(19)”.
Clause 12B(6): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 12C(3): omit “, without reasonable excuse, is an offence 10 under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 12D(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
Clause 12E(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 13(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 20 154M(19)”.

Clause 14(4): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
Clause 14A(4): omit “, without reasonable excuse, is an offence 25 under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 14B(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 15(2): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.
15 30 249 Schedule Biosecurity Law Reform Bill Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998 (SR 1998/179)—continued Clause 15A(8): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 16(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 5 154M(19)”.
Clause 17(3): omit “, without reasonable excuse, is an offence under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 17A(3): omit “, without reasonable excuse, is an offence 10 under section 154(q)” and substitute “is an offence under section 154M(19)”.

Clause 18(1): omit “section 86 of the Act and this strategy” and sub- stitute “section 100D of the Act and this plan”.

Clause 19: omit “strategies” from the heading and substitute 15 “plans”.
Clause 19: omit “strategy” and substitute “plan”.

Clause 19(a): omit “section 92” and substitute “section 100G(5)”.

Clause 19(a): omit “section 90” and substitute “section 100G(1)”.

Clause 19(h): omit “section 92” and substitute “section 100G(5)”.

20 Clause 19(h): omit “section 90” and substitute “section 100G(1)”.

Clause 20: omit “strategy” and substitute “plan”.

Clause 21: omit “strategy” and substitute “plan”.


Biosecurity (Small Scale Organism Management) Order 1993 (SR 1993/324) Clause 2: 100Q(2)(c)”.

omit “section 100(1)(c)” and substitute “section Climate Change (Forestry Sector) Regulations 2008 (SR 2008/355) Clause Regulation 26(1)(a): omit “strategy” and substitute “plan”.

Clause Regulation 26(2): omit “strategy,”.


25 30 250 Biosecurity Law Reform Bill Revocation of regulations Biosecurity (National (South Island) Varroa Pest Management Strategy) Order 2005 (SR 2005/17) Revoke.

Biosecurity (Varroa (South Island) Beekeeper Levy) Order 2005 5 (SR 2005/49) Revoke.
Legislative history Introduction (Bill 256–1) First reading and referral to Primary Production Committee Reported from Primary Production Committee (Bill 256–2) Second reading Committee of the whole House Reported from the committee of the whole House (Bill 256–3) 25 November 2010 9 December 2010 30 June 2011 16 August 2011 18, 19 July 2012 31 July 2012 12 Published under the authority of the House of Representatives—2012 Wellington, New Zealand: 251