Biosecurity Amendment Act 2003

1: Title
1: This Act is the Biosecurity Amendment Act 2003.
2: In this Act, the Biosecurity Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Interpretation
Section 2(4)
4: Relationship with other enactments
1: Section 7(2)(a) (1) and (5) (1), (5) and (6)
2: Section 7(5) do not apply to prevent or inhibit
3: Section 7
6: The provisions of the Wildlife Act 1953
a: do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and
b: do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism.
5: Processing unaccompanied goods
Section 30A subsections (1) (2) (3) transitional facility or biosecurity control area
6: New
section 44 The principal Act is amended by inserting, after section 43
44: General duty to inform
1: Every person is under a duty to inform the Ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand.
2: The duty to inform does not apply in relation to an organism that is seen or otherwise detected in a place where it may lawfully be present in accordance with an approval given under the Hazardous Substances and New Organisms Act 1996
7: Contents of national pest management strategy
1: Section 69A paragraph (b)
b: the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:
2: This section applies only to national pest management strate gies made on or after the date on which this Act comes into force.
8: Contents of regional pest management strategy
1: Section 80A paragraph (b)
b: the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:
2: This section applies only to regional pest management strategies made on or after the date on which this Act comes into force.
9: Restrictions on levies
1: Section 92(1) paragraphs (d) (e) (f) (g)
d: the imposition of the levy is the most appropriate means of funding the pest management strategy, or the part of the strategy concerned, having regard to the extent to which the levy would target—
i: persons likely to benefit from the implementation of the strategy; and
ii: persons who by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and.
2: Section 92(2)
10: Contents of levy provisions in strategy
Section 93(2)
e: a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner otherwise provided in the order.
11: Chief technical officers
Section 101 subsection (2)
2A: A person appointed as a chief technical officer must be employed under the State Sector Act 1988
12: Deputy chief technical officers
Section 102 subsection (1)
lA: A person appointed as a deputy chief technical officer must be employed under the State Sector Act 1988
13: Inspectors, authorised persons, and accredited persons
1: Section 103
a: by inserting in subsection (4) an authorised person an inspector or
b: by inserting at the beginning of subsection (5) Inspectors or
2: Section 103 subsection (7)
7: A chief technical officer or the principal officer of a region may accredit persons (to be known as accredited persons) for the purposes of performing particular functions—
a: that are consequential upon the exercise of powers under this Act by an inspector or authorised person; or
b: that may be conferred on or may be performed by accredited persons under regulations made under this Act; but may not accredit a person for a particular function unless satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the function.
3: The appointment of any person as an inspector before the commencement of this Act is not invalid by reason only of the person not being, or not at the time of the appointment having been, a person employed under the State Sector Act 1988
14: Inspectors and authorised persons to comply with instructions
Section 104
a: by inserting in subsection (1) All inspectors and
b: by inserting in subsection (1) conferred or imposed on inspectors or
c: by inserting in subsection (3) appointment of the inspector or
15: Power to search people
Section 108(1) unauthorised goods found paragraph (d) uncleared risk goods or
16: Power of inspection
1: Section 109(1)
c: an inspector or authorised person may, at any reasonable time or times, enter and inspect any place for the purpose of determining whether or not any person is complying with this Act, the regulations, or any pest management strategy.
2: Section 109(4) subsection (1) subsection (1)(a) and (b)
17: New
section 110 The principal Act is amended by repealing section 110
110: Warrant to inspect dwellinghouse, marae, etc
1: A District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police) may, on the written application of an inspector or authorised person made on oath, issue a warrant in the prescribed form authorising the inspector or authorised person to enter and inspect the dwellinghouse, marae, or building associated with a marae specified in the application.
2: Such a warrant may be issued only if the Judge, Justice, Magistrate, or Registrar is satisfied that there is reasonable ground for believing that—
a: there is, on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application, any pest, pest agent, unwanted organism, unauthorised goods, or risk goods; or (b) an activity that is regulated by or under the Act is being carried out on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application.
3: Such a warrant—
a: authorises the inspector or authorised person to enter and inspect the place concerned on 1 occasion within 14 days of the issue of the warrant; and
b: may be unconditional or subject to conditions.
18: Application of articles or substances from aircraft
1: Section 114A(5) For the purposes of this section, public notice is given Subject to subsection (6)
2: Section 114A
6: If the chief technical officer is satisfied that compliance with the 2 weeks' notice requirement under subsection (5) subsection (7)
a: the chief technical officer must notify the responsible Minister of that fact, and, unless the urgency of the situation makes it impracticable, obtain the approval of the Minister to a forgoing of the 2 weeks' notice requirement; and
b: the 2 weeks' notice requirement does not then apply, but the chief technical officer must give as much public notice of the matters specified in subsection (5)(a) to (d)
c: the public notice may be given by whatever means the chief technical officer considers effective and appropriate to inform the persons who may be affected (including by radio or television announcement).
7: The kinds of organism in respect of which shorter notification may be given under subsection (6)
a: are not established or not known to be established in New Zealand, or are established in New Zealand but restricted to certain parts of New Zealand; and
b: have the potential to cause all or any of the following if they become established in New Zealand, or established throughout New Zealand:
i: significant economic loss:
ii: significant adverse effects on human health:
iii: significant environmental loss.
19: Power to examine organisms
1: Section 121 subsection (1)
1: An inspector or authorised person may, for the purposes of—
a: taxonomical identification of an organism; or
b: diagnosing a disease; or
c: ascertaining the presence or absence of any pest or unwanted organism; or
d: making an assessment of measures taken to manage or eradicate any pest or unwanted organism,— examine, inspect, apply tests to, destroy, sample, autopsy, section, take specimens or samples of, or apply any other treatment or procedure to organisms or organic material, or any goods or material that the inspector or authorised person believes on reasonable grounds may harbour pests or unwanted organisms.
2: Section 121(4)(b)(ii) inspector or authorised person
3: Section 121
5: Costs and expenses reasonably incurred by an inspector or authorised person in taking any action under subsection (4)
20: Power to apply article or substance to place
Section 121A(1) unwanted organism, or of assessing measures taken to manage or eradicate any pest or unwanted organism,
21: Inspection of and intervention in transitional facilities and containment facilities
1: Section 126(2)(c) terms (including any controls imposed under section 45(2) of the Hazardous Substances and New Organisms Act 1996
2: Section 126(3)(b)(ii) terms (including any controls imposed under section 45(2) of the Hazardous Substances and New Organisms Act 1996
22: Declaration of restricted place
Section 130 subsection (5)
5: An inspector or authorised person may, at any time while the declaration of a restricted place is in force, direct that specified organisms, risk goods, or other goods in the restricted place must be—
a: isolated, confined, or stored in such manner as the inspector or authorised person directs:
b: identified in a manner specified in the direction, or with an identification applied by the inspector or authorised person.
23: Declaration of controlled area
Section 131(2) specified area (which may be the whole or any specified part or parts of New Zealand)
24: Enforcement of area controls
Section 134(1) paragraph (b)
b: move, or direct or arrange the movement of, any organism, organic material, risk goods, or other goods in contravention of a notice under section 131(3)
25: Levies
Section 137(1) Minister responsible
26: Offences
1: Section 154(l) ; or subparagraph (iii)
iv: removes, alters, or defaces any identification that an inspector or authorised person has directed be used to identify any organism, risk goods, or other goods in the place: .
2: Section 154 paragraph (m)
ma: fails to comply with section 44 .
27: Penalties
Section 157(5) paragraphs (o) paragraphs (ma), (o)
2: Amendments to
Forests Act 1949
28: Repeal of redundant provisions
1: Sections 69 70 70A 71 71C Forests Act 1949 (1949 No 19)
2: Section 71B(2) Forests Act 1949 paragraph (b)(i) (c)