Biosecurity Amendment Act 1997

1: Short Title and commencement
1: This Act may be cited as the Biosecurity Amendment Act 1997 and is part of the Biosecurity Act 1993 the principal Act
2: Part 11 Schedule 4 Hazardous Substances and New Organisms Act 1996
3: Section 106
4: Except as provided in subsections (2) (3)
1: Preliminary
2: Interpretation
1: Section 2(1) biosecurity control area confine containment facility designated port of entry import health permit import health standard Minister natural resources quarantine facility risk goods transitional facility treatment unauthorised goods unwanted organism
2: Section 2(1) Biosecurity control area
a: Part of a port approved as a place of first arrival in accordance with section 37(1)
b: By written agreement with the port's operator, under the control of the Director-General for the purposes of this Act: Containment facility section 39 Import health standard section 22 Minister
a: In relation to a national pest management strategy, means the Minister who recommended the making of the order under section 68
b: In relation to a proposal for a national pest management strategy that has been notified, means the Minister who notified the proposal: Natural and physical resources
a: Organisms of all kinds; and
b: The air, water, and soil in or on which any organism lives or may live; and
c: Landscape and land form; and
d: Geological features; and
e: Structures of all kinds; and
f: Systems of interacting living organisms and their environment: Quarantine Risk goods
a: Cause unwanted harm to natural and physical resources or human health in New Zealand; or
b: Interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms: Road Rule section 69B or section 80B Small-scale management programme section 100 Threatened species extinct in the wild critically endangered endangered vulnerable Transitional facility
a: Any place approved as a transitional facility in accordance with section 39
b: A part of a port declared to be a transitional facility in accordance with section 39 Unauthorised goods
a: Uncleared goods in a place that is not a transitional facility or a biosecurity control area (other than goods that, in accordance with the authority of an inspector, are—
i: Proceeding from a transitional facility or a biosecurity control area to a transitional facility, biosecurity control area, or a containment facility; or
ii: Being exported from New Zealand); or
b: Uncleared goods that are in a transitional facility or a biosecurity control area to which those goods proceeded, other than in accordance with the authority of an inspector, from some other transitional facility, or biosecurity control area, and have not later received the authority of an inspector to remain there; or
c: Goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or
d: A restricted organism in a place that is not a containment facility (other than an organism that,—
i: In accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or
ii: Is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or
iii: In accordance with the authority of an inspector, is being exported from New Zealand); or
e: A restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there: Unwanted organism
3: Section 2(1)
a: By omitting from the definition of the term New Zealand territory territory land and the waters
b: By adding to the definition of the term organism
f: Includes any particle that is a prion: .
4: Section 2(1) pest management strategy approved made
5: Section 2(1) restricted place premises place
6: Section 2(1) working day
ab: The day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and.
3: Land may include parts of boundary roads
The principal Act is amended by repealing section 6
6:
1: Where any pest management strategy applies to land adjoining a road, that strategy may state that the land includes, for the purposes of the strategy, all or any of the portions of road bounded by—
a: The boundary of that land abutting that road; and
b: Lines extended from the end of that portion of boundary to the middle line of the road; and
c: The middle line of the road connecting those extended lines.
2: Any person required or authorised by or under any pest management strategy to do anything on or in relation to land, where the pest management strategy provides that the land includes portions of road in accordance with subsection (1)
3: Nothing in subsection (2)
4: New sections substituted providing for relationships with other enactments
Section 7
7: Relationship with other enactments
1: Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part VII of this Act
2: Except—
a: To the extent provided in subsections (1) and (5) of this section section 7A of this Act
b: To the extent that those enactments are expressly amended by section 168(1) of this Act this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941 Forests Act 1949 Wildlife Act 1953 Health Act 1956 Animals Protection Act 1960 Wild Animal Control Act 1977 Reserves Act 1977 National Parks Act 1980 Fisheries Act 1983 Conservation Act 1987 Trade in Endangered Species Act 1989 Resource Management Act 1991
3: This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 1996 Customs and Excise Act 1996
4: The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 section 2(1) of that Act
5: The provisions of the Wild Animal Control Act 1977 Biosecurity Act 1993 First Schedule of the Conservation Act 1987
a: A pest; or
b: An unwanted organism— that may be transmitted by any animal to which the Wild Animal Control Act 1977
7A: Relationship with Resource Management Act 1991
1: Where any action taken in accordance with any provision in Part VI of this Act Part III of the Resource Management Act 1991 Part III of the Resource Management Act 1991
a: The organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and
b: The organism has the potential to cause all or any of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand or if it becomes established throughout New Zealand; and
c: It is in the public interest that action be taken immediately in an attempt to eradicate the organism.
2: Before making a decision under subsection (1)
3: After making a decision under subsection (1)
4: The public notice must specify—
a: The organism to be eradicated; and
b: The principal actions that may be taken in the attempt to eradicate the organism; and
c: The areas affected by the action.
5: A failure to comply with the provisions of subsections (2) and (3)
6: Where any action has been exempted from Part III of the Resource Management Act 1991 subsection (1)
7: Regulations made under this section come into force on the date of notification in the Gazette
8: Where an exemption is granted under subsection (1) subsection (6) Part III of the Resource Management Act 1991
9: Where an exemption from the provisions of the Resource Management Act 1991 subsection (1) subsection (6) subsection (1) Resource Management Act 1991 Part VI Resource Management Act 1991
10: For the purposes of this section, consent authority section 2(1) of the Resource Management Act 1991
2: Functions, powers, and duties
5: Powers of responsible Minister
The principal Act is amended by repealing section 9
9:
1: The responsible Minister has power to—
a: Perform the functions in section 7A
b: Perform the functions specified in section 10
i: Where the responsible Minister has prepared a proposal under section 56
ii: Where some other person has requested the responsible Minister to notify a proposal:
c: Recommend to the Governor-General the making of Orders in Council under section 45(3)
d: Recommend to the Governor-General under section 137(1)
e: Recommend to the Governor-General under section 165
2: The responsible Minister must not delegate to any person the exercise of any of the powers specified in subsection (1)(a), (c), (d), and (e)
6: Functions of Ministers in relation to proposed national pest management strategies
The principal Act is amended by repealing section 10
10:
1: Any Minister who prepares a proposal for a national pest management strategy under section 56
a: Publicly notifying the proposed strategy under section 62(1)
b: Deciding under section 63
c: Where this Act requires the appointment of a board of inquiry to inquire into and report on the proposed strategy,—
i: Appointing the board under section 63(1)
ii: Causing under section 67(3) section 67(2)
iii: Causing public notice to be given under section 67(3)
iv: Considering under section 69(1)(a)(i) section 67(2)
d: Considering whether or not to recommend to the Governor-General under section 68
e: If an Order under section 68
i: Laying a copy before the House of Representatives under section 70
ii: Appointing a management agency in respect of the strategy under section 84(4)
iii: Disallowing under section 85(4)
iv: Reviewing the strategy in accordance with this Act; and
v: Under this Act, amending or revoking the strategy:
f: Recommending under section 90
2: No Minister may delegate to any person the performance of any of the functions specified in subsection (1)(c)(i), (d), (e), and (f)
7: Other powers of Ministers
The principal Act is amended by repealing section 11
11:
1: Any Minister has power to—
a: Direct the forfeiture of organisms and organic material under section 134(3)
b: Take action under sections 144 and 147
c: Take action under section 145
d: Recommend to the Governor-General under section 150(1) section 150(5)
e: Declare a provisional control programme under section 152(1)
f: Extend under subsection (3) of section 152
2: A Minister must not delegate to any person the exercise of the powers specified in subsection (1)(b), (d), (e), and (g)
8: Powers of regional councils
The principal Act is amended by repealing section 13 section 2 Biosecurity Amendment Act 1994
13:
1: Every regional council has, in relation to its region, power to—
a: Cause to be carried out, for the purposes of Part V
i: Monitoring to determine whether or not there are present; and
ii: Surveillance of— pests, pest agents, and unwanted organisms:
b: Provide, in accordance with relevant pest management strategies, for the assessment and management or eradication of pests:
c: Prepare proposals for, notify, make, and implement pest management strategies:
d: If a regional pest management strategy notified by the council has been made under this Act,—
i: Appoint a management agency in respect of the strategy under section 84(4)
ii: Disallow the operational plan or any part of that plan under section 85(4)
iii: Review, amend, or revoke a strategy in accordance with this Act:
e: Declare and implement a small-scale management programme under section 100
f: Where the council has, under section 100
g: Gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
h: Take any action contemplated by or necessary for giving effect to any provision of this Act.
2: Subject to sections 97 and 97A section 14
9: Transfer of powers, etc by local authorities
1: Section 15(1) transfer the operation to the transferee
2: Section 15(2)(a) proposing or approving notifying or making
3: Importation of risk goods
10: Purpose of
Part 3 Section 16 or introduction
11: Notice of intended arrival of craft in New Zealand
Section 17
3: For the purposes of this section, designated port of entry
a: A port of entry approved under this Act as a place of first arrival—
i: For all craft; or
ii: For craft of the kind and description of the craft and, where applicable, arriving for the purposes of the craft; or
b: A port approved under section 37A
12: Repeal of provisions relating to import health permits
The principal Act is amended—
a: By repealing the heading Import Health Permits Import Health Standards
b: By repealing sections 20 21 23 24
13: Import health standards
The principal Act is amended by repealing section 22
22:
1: The Director-General may, following the recommendation of a chief technical officer, issue an import health standard specifying the requirements to be met for the effective management of risks associated with the importation of risk goods before those goods may be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance; and may, in a like manner, amend or revoke any import health standard so issued.
2: If an import health standard requires a permit to be obtained from the Director-General before the goods can be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance, the Director-General may, if he or she thinks fit, issue the permit.
3: Nothing in this Act obliges the Director-General to have an import health standard in force for goods of any kind or description if, in the Director-General's opinion, the requirements that could be imposed on the importation of those goods would not be sufficient to enable the purpose of this Part to be met if the importation of those goods were permitted.
4: An import health standard issued under this section may apply to goods of a certain kind or description imported from—
a: A country or countries specified in the import health standard; or
b: Countries of a kind or description specified in the import health standard; or
c: All countries; or
d: A location or locations specified in the import health standard.
5: When making a recommendation to the Director-General in accordance with this section, the chief technical officer must have regard to the following matters:
a: The likelihood that goods of the kind or description to be specified in the import health standard may bring organisms into New Zealand:
b: The nature and possible effect on people, the New Zealand environment, and the New Zealand economy of any organisms that goods of the kind or description specified in the import health standard may bring into New Zealand:
c: New Zealand's international obligations:
d: Such other matters as the chief technical officer considers relevant to the purpose of this Part.
6: Before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard.
7: The consultation may be on the import health standard or on a document that analyses or assesses the risks associated with the goods or class of goods to which the goods belong.
8: Before making a recommendation to the Director-General in accordance with this section the chief technical officer must give notice of the intention to make the recommendation to the chief executive of every department of State whose responsibilities for natural resources or human health may be adversely affected by the issue, amendment, or revocation of the relevant standard.
9: The Director-General must maintain a register of the import health standards (as amended from time to time) issued under this section.
10: The register must be available for public information and inspection at the office of the Director-General during normal office hours.
14: Goods to be cleared for entry into New Zealand
The principal Act is amended by repealing section 25
25:
1: No person may cause or permit any uncleared goods imported on any craft to leave that craft, except to proceed to a transitional facility or a biosecurity control area.
2: No person may cause or permit any uncleared goods that are in a transitional facility or biosecurity control area to leave that facility or area, except—
a: To proceed, in accordance with the authority of an inspector, to another transitional facility, containment facility, or biosecurity control area; or
b: In accordance with the authority of an inspector, to be exported from New Zealand.
3: Authority to move uncleared goods given by an inspector in accordance with this section, may be given subject to conditions.
15: Inspector to be satisfied of certain matters
Section 27 paragraph (a)
a: That the goods comply with the requirements specified in an import health standard in force for the goods (or goods of the kind or description to which the goods belong); and.
16: Restricted organisms to be contained
The principal Act is amended by repealing section 29
29:
1: No person may cause or permit any restricted organism that is in a transitional facility, a biosecurity control area, or a containment facility to leave that facility or area, except—
a: To proceed, in accordance with the authority of an inspector, to a transitional facility, a biosecurity control area, or a containment facility; or
b: In accordance with the authority of an inspector, to be exported from New Zealand.
2: Authority to move a restricted organism given by an inspector in accordance with this section may be given subject to conditions.
17: Processing unaccompanied goods
The principal Act is amended by inserting, after section 30
30A:
1: Where any imported goods other than goods inspected, examined, or surrendered in accordance with section 30 or section 35
a: Open any bag, box, parcel, container, or other thing containing the goods:
b: Inspect the goods.
2: Where any goods in a transitional facility are, or contain, risk goods, section 116
3: For the purposes of this section an inspector may, at any reasonable time or times, enter any transitional facility and the provisions of section 112
18: Movement of risk goods
Section 36 controlled biosecurity control
19: New sections inserted relating to ports
The principal Act is amended by repealing section 37
37: Approval of ports as places of first arrival
1: The Director-General may, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.
2: An approval given under subsection (1)
3: The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1)
a: The alternative arrangements, facilities, and systems that are or could be made available; and
b: The cost to the port operator of each alternative arrangement, facility, and system; and
c: The extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.
4: All arrangements, facilities (other than office or parking facilities), and systems required in accordance with subsection (1)
5: The Director-General must,—
a: Within 28 days after approving a port in accordance with subsection (1) Gazette
b: At all reasonable times make the written notice available for inspection at the place specified in the Gazette
6: The Director-General must be satisfied of the matters referred to in subsection (1)
7: Before taking any action under this section, the Director-General must consult in accordance with section 37D
8: Where approval is declined under this section, the Director-General must give reasons for his or her decision.
9: Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.
37A: Approval of arrival of craft at port not approved as place of first arrival
1: The Director-General may approve the arrival of a craft at a port that is not approved under section 37
a: A person has requested approval for that craft to arrive in New Zealand at that port; and
b: The Director-General is satisfied that the risks associated with the importation of risk goods can be managed by imposing conditions on the arrival of the craft at that port.
2: The approval of the Director-General may be given subject to those conditions that the Director-General considers will manage the risks associated with the importation of risk goods.
3: Before taking action under this section, the Director-General must consult in accordance with section 37D
37B: Suspension of approval
1: If the Director-General is no longer satisfied that the provisions of section 37(1)
a: By written notice to its operator, suspend the port's approval under section 37(1)
b: By written notice in the Gazette section 37(1)
c: By written notice in the Gazette section 37(1)
2: Before taking action under this section, the Director-General must consult in accordance with section 37D
3: In exercising a power under this section, the Director-General must observe the rules of natural justice.
4: Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.
37C: Port operators
1: Nothing in section 37
a: To use or patronise facilities under the operator's control; or
b: To contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.
2: No operator of a port may wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.
3: No operator may wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked.
37D: Director-General to consult chief executives
The Director-General must not take any action under sections 37, 37A, or 37B
a: The New Zealand Customs Service; and
b: The Ministry of Health; and
c: The New Zealand Police; and
d: The Ministry of Transport; and
e: Every other department of State whose operations may, in the Director-General's opinion, be affected by the action.
20: Approval of transitional facilities and containment facilities
The principal Act is amended by repealing section 39
39:
1: The Director-General may, after consulting with the persons that the Director-General considers to be representative of the classes of persons likely to have an interest in the proposed standard, approve standards for building, maintaining, or operating transitional facilities or for building, maintaining, or operating containment facilities.
2: Any person may apply in an approved form to the Director-General for the approval of any place as a transitional facility or a containment facility.
3: The Director-General must consider every application made under subsection (2)
a: If the application complies with the requirements of this Act; and
b: If the place meets the relevant standards approved under subsection (1) the Director-General may approve the place as a transitional facility for the purpose specified in the approval or as a containment facility, as the case may be.
4: A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.
5: A transitional facility approval given in accordance with this section may specify the uncleared goods that may be held in the facility.
6: A containment facility approval given in accordance with this section may specify the organisms that may be held in the facility.
7: The Director-General may, by written notice to the operator of a transitional facility, or a containment facility, cancel an approval for a transitional facility, or a containment facility, or a part of an approval relating to one or more uses of a transitional facility, where—
a: The facility no longer complies with the relevant standards; or
b: The Director-General is satisfied that the facility is no longer used for the purpose or one or more of the purposes specified in the approval.
8: In exercising a power under subsection (7)
9: The Director-General may, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities.
21: Approval of facility operators
The principal Act is amended by repealing section 40
40:
1: Any person may apply, in an approved form, to the Director-General for approval as the operator of a specified transitional facility or specified containment facility.
2: Every application must be accompanied by such further information as the Director-General may require.
3: The Director-General must consider every application made under subsection (1)
a: That the applicant is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and
b: The applicant is able to comply with the operating standards for that facility,— may approve the applicant as the operator of that facility.
4: The Director-General may, by written notice to a person, cancel that person's approval to operate a specified transitional facility or a specified containment facility where—
a: The person is no longer operating the facility in compliance with the operating standards for the facility; or
b: The person has ceased to act as operator of the facility; or
c: The person is no longer a fit and proper person to operate the facility.
5: In exercising a power under subsection (4)
6: No person may operate or purport to operate a transitional facility or a containment facility unless the person is approved as an operator of that facility.
4: Surveillance and prevention
22: Duty to provide information
Section 43(1)(a) To provide any information concerning pests, pest agents, or unwanted organisms held by the person To provide any information held by the person concerning pests, pest agents, or unwanted organisms
23: Repeal of section 44
The principal Act is amended by repealing section 44
24: Repeal of provisions relating to imported risk goods
Section 47
25: Power to require information
Section 48 subsection (1)
1: A chief technical officer may, by notice in writing, require the person in charge of premises used for investigating organisms or organic material, or any person employed in a professional or technical capacity in any area of biological science, to—
a: Supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms; or
b: Permit the chief technical officer, or a person authorised in writing by that officer, to have access to, inspect, and test or sample specimens of any organism or tissues or parts of an organism or organic material held by that person or on those premises.
1A: A chief technical officer may, by notice in writing, require any person who has expertise or knowledge in an area of biological science to supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms.
26: Identification systems
1: Section 50 subsection (1)
1: The Director-General may, from time to time, approve systems administered by specified persons for the purpose of enabling the identification of organisms and their products and associated premises.
2: Section 50 subsection (4)
4: Regulations made under this Act may require persons of any kind or description to use 1 of any 1 or more identification systems approved under this section and notified in the Gazette subsection (5)
5: The Director-General may, by notice in the Gazette Gazette
3: Section 51(3) an approved identification system 1 of any 1 or more identification systems notified in the Gazette
27: Communication of pest or unwanted organism
1: Section 52 notifiable unwanted
2: Section 52
d: As permitted either generally or specifically by a chief technical officer.
28: Duties of owners of organisms
1: Section 53 subsection (1)
1: Subject to subsection (2)
a: Cause or permit that organism to be in a place where organisms are offered for sale or are exhibited; or
b: Sell or offer that organism for sale; or
c: Propagate, breed, or multiply the pest or unwanted organism or otherwise act in such a manner as is likely to encourage or cause the propagation, breeding, or multiplication of the pest or unwanted organism.
2: Section 53 subsection (2)
2: A chief technical officer may permit an owner or person in charge of an organism to carry out an act otherwise prohibited by this section.
3: Permission given under this section must be given either by notice in the Gazette
5: Pest management
29: Purpose of
Part 5 The principal Act is amended by repealing section 54
54: The purpose of this Part is to provide for the effective management or eradication of pests and unwanted organisms.
30: Powers for purpose of pest management strategy and small-scale management programme
The principal Act is amended by repealing section 55
55:
1: The management or eradication of pests must be in accordance with pest management strategies made in accordance with this Part.
2: Every pest management strategy or notice declaring a small-scale management programme must specify which of the powers in Part VI
3: Where any provision in Part VI
4: An authorised person may exercise a power conferred on an authorised person by Part VI
31: Preparation of national pest management strategy
The principal Act is amended by repealing section 56
56: A Minister or any person may prepare a proposal for a national pest management strategy.
32: Notification of proposal by Minister
1: Section 57(1)
a: By omitting the words A Minister shall propose A Minister may notify, in accordance with section 62
b: By omitting from paragraph (a) the organism concerned each organism to which the strategy would apply
c: By inserting, after paragraph (b)
ba: Where funding proposals for the strategy require persons to meet directly the costs of implementing the strategy,—
i: The benefits that will accrue to those persons as a group will outweigh the costs; or
ii: Those persons contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and:
d: By omitting from paragraph (c) the each
e: By omitting, from paragraph (c)(ii) rare or endangered threatened
2: Section 57(2)
a: By omitting the words a Minister shall propose a Minister may notify, in accordance with section 62
b: By omitting the words the organism each organism
33: Request to notify national proposal
The principal Act is amended by repealing section 58
58:
1: Any person may, by notice in writing to a Minister whose responsibilities might be adversely affected by an organism, request that Minister to notify in accordance with section 62
2: Where a Minister is requested to notify a proposal in accordance with this section, the Minister must do so unless section 59
a: In the Minister's opinion, the proposal complies with section 57
b: In the Minister's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.
3: Where a proposal is notified after a request made in accordance with this section, the Minister may, if he or she thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the proposal in accordance with sections 62 to 69
34: Minister may refuse to notify suggested strategy in certain circumstances
Section 59 paragraph (c)
35: Preparation and contents of proposal for national pest management strategy
1: The principal Act is amended by repealing section 60
60: A proposal for a national pest management strategy must specify the following matters:
a: The proposer of the strategy:
b: The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:
c: In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy including a description of the adverse effects of the organism, or the class or description of organism:
d: The management agency that is to be responsible for implementing the strategy:
e: The proposed period for which the strategy will remain in force:
f: In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:
g: Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy, and the reasons for preferring the measures specified in accordance with paragraph (f)
h: The intended scope and purpose of each proposed strategy rule, and the rules for which it is proposed that a breach of the rule will be an offence under this Act:
i: Whether any land will include portions of adjoining road for the purposes of the strategy in accordance with section 6
j: The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:
k: The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—
i: The environment; and
ii: The marketing overseas of New Zealand products:
l: An analysis of the benefits and costs of the strategy in relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, and the reasons why a national strategy is more appropriate than a regional strategy or regional strategies:
m: The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 61
n: The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:
o: The powers to be used in accordance with section 55
p: Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:
q: The proposed means for measuring the extent to which the objectives of the strategy are being achieved:
r: The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
2: The principal Act is consequentially amended—
a: By repealing Schedule 1
b: By repealing section 45(1)
c: By omitting, from section 46(1) subsection (1)
36: Funding information required in proposal
The principal Act is amended by repealing section 61
61: A proposal for a national pest management strategy must specify, in relation to each organism to which the strategy would apply, or in relation to each class or description of organism to which the strategy would apply, the following matters:
a: The extent to which any persons, or persons of any class, kind, or description are likely to benefit from the strategy:
b: The extent (if any) to which any persons, or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:
c: The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96
i: The matters required to be specified in accordance with section 93(1)
ii: How the proposed levy will comply with section 92(1)(d), (e), (f), and (g)
d: Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.
37: Notification of proposed national pest management strategy
1: Section 62(1)
a: By omitting the words Minister of Agriculture responsible Minister
b: By inserting, after paragraph (a)
aa: Publishing a notice in 1 or more daily newspapers circulating in the major metropolitan areas; and.
2: Section 62 subsection (2)
2: Every notice under this section must include—
a: A description of the proposed strategy:
b: A statement that submissions on the proposed strategy may be made in writing to the Minister by any person:
c: A closing date for submissions (which must not be earlier than 20 working days after notification under this section):
d: A statement that every submission should state—
i: Those aspects of the proposed strategy that the submission supports; and
ii: Those aspects of the proposed strategy that the submission opposes; and
iii: The reasons for the support and opposition identified; and
iv: Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and
v: Whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held:
e: A list of the places where a copy of the proposal for the strategy may be obtained or inspected:
f: An address for submissions.
3: Any person may make a submission to the Minister about a proposed national pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d)
3: Sections 64 65
38: Board of inquiry
1: Section 63 subsection (1)
1: The Minister must appoint a board of inquiry to inquire into and report on every proposal for a pest management strategy notified in accordance with section 62
a: Would be affected by the implementation of the proposed strategy; and
b: Are opposed to a significant element of the proposed strategy.
2: Section 63 subsection (2)
2A: Where the Minister appoints a board of inquiry in accordance with subsection (1) section 62
39: Summary of submissions, notification, and conduct of hearing
Section 66
a: By omitting the words proposing Minister proposer of the strategy
b: By omitting the expression 65 62
40: Making of national pest management strategy
The principal Act is amended by repealing section 68
68:
1: Subject to section 69
2: The Order in Council made under this section must include all the matters required in a national pest management strategy by section 69A
3: The strategy rules in an order made under this section are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989
41: Duties of Ministers in relation to proposed national pest management strategies
Section 69
a: By inserting, after subsection (1)
1A: Where the proposed strategy has not been considered by a board of inquiry, the Minister must not recommend the making of a strategy if that strategy differs significantly in its effect from the relevant provisions in the proposal notified in accordance with section 62
b: By omitting the word approving making
c: By repealing subsection (2)(c)
42: New sections inserted relating to national pest management strategies
The principal Act is amended by inserting, after section 69
69A: Contents of national pest management strategy
A national pest management strategy must specify the following matters:
a: The pest or pests to be managed or eradicated:
b: The objectives of the strategy:
c: The management agency that is responsible for implementing the strategy:
d: The period for which the strategy will remain in force:
e: The powers to be used in accordance with section 55
f: The strategy rules, if any, made in accordance with this Act:
g: The portions of road, if any, that are included as adjoining land, in accordance with section 6
h: The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:
i: The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:
j: The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
69B: Strategy rules
1: A national pest management strategy made by Order in Council under section 68
a: Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:
b: Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:
c: Requiring the identification of specified goods:
d: Prohibiting or regulating specified methods that may be used in the management of the pest:
e: Prohibiting or regulating activities which may affect measures taken to implement the strategy:
f: Requiring audits or inspections of specified actions:
g: Specifying, for the purposes of section 52(a)
h: Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:
i: Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:
j: Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:
k: Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:
l: Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
m: Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
n: Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
o: Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:
p: Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
q: Prohibiting or regulating the holding or disposal of organic material:
r: Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
s: Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
2: A Minister must not recommend the making of an Order in Council under section 68
a: The extent to which each rule included in the strategy is likely to assist in achieving the objectives of the strategy; and
b: The extent to which each rule included in the strategy is likely to restrict the rights of individuals.
3: A rule may specify that a breach of the rule creates an offence under section 154(q)
4: A rule may provide that no exemptions from any requirement of the rule may be granted under section 69D
5: A rule may—
a: Apply generally throughout New Zealand or within a specified part or parts of New Zealand:
b: Apply generally or with respect to different classes of persons, places, goods, or other things:
c: Apply generally or at any specified time of each year.
6: Where a rule applies to a specified part or parts of New Zealand, other rules relating to the same subject matter may be made for other specified parts of New Zealand.
7: So far as the bylaws of any local authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.
69C: Incorporation by reference
1: Any written material or document that, in the opinion of the Minister, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.
2: Any material incorporated by reference under this section is deemed for all purposes to form part of the rule, but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.
3: All material incorporated by reference under this section must be available at the office of the management agency for that strategy and copies of that material must be available for purchase for a reasonable charge.
69D: Exemption power of Minister
1: The Minister may, upon such conditions as he or she considers appropriate, exempt any person from any requirement in any rule included in a national pest management strategy made under this Act.
2: Before granting an exemption under this section, the Minister must be satisfied in the circumstances of each case that—
a: The requirement has been substantially complied with and that further compliance is unnecessary; or
b: The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
c: The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
d: Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,— and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.
3: The Minister may, upon such conditions as he or she thinks fit, exempt all persons, or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things from any requirement in any rule included in a national pest management strategy made under this Act, if the Minister is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.
4: The number and nature of exemptions granted under this section must be notified as soon as practicable in the Gazette
5: Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.
43: Preparation of regional pest management strategy
The principal Act is amended by repealing section 71
71: A regional council or any other person may prepare a proposal for a regional pest management strategy.
44: Notification of proposal by regional council
1: Section 72(1)
a: By omitting the words A regional council shall propose A regional council may notify, in accordance with section 78 of this Act
b: By omitting from paragraph (a) the organism concerned each organism to which the strategy would apply
c: By inserting after paragraph (b)
ba: Where funding proposals for the strategy require persons to meet directly the costs of implementing the strategy—
i: The benefits that will accrue to those persons as a group will outweigh the costs; or
ii: Those persons contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and:
d: By omitting from paragraph (c) the each
e: By omitting, from paragraph (c)(ii) rare or endangered threatened
2: Section 72 subsections (2) (3)
45: Request to notify regional proposal
The principal Act is amended by repealing section 74
74:
1: Any person may, by notice in writing to a regional council, request that council to notify a proposal for a regional pest management strategy under section 78
2: Where a regional council is requested to notify a proposal in accordance with this section, the council must do so unless section 75
a: In the opinion of the council, the proposal complies with the provisions of section 72
b: In the council's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.
3: Where a proposal is notified after a request made in accordance with this section, the regional council may, if it thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the propose in accordance with sections 78 to 79F
46: Council may refuse to notify suggested strategy in certain circumstances
Section 75
a: By omitting the word suggested proposal for a
b: By repealing paragraph (c)
c: By omitting paragraph (d)(i)
i: At a time within the 3 years before the proposal for the strategy was submitted to the council, an inquiry was completed into a proposal for a regional pest management strategy whose substance was broadly the same as its substance; and.
47: Preparation and contents of proposal for regional pest management strategy
Section 76 subsections (1) (2)
76:
1: A proposal for a regional pest management strategy must specify the following matters:
a: The proposer of the strategy:
b: The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:
c: In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy, including a description of the adverse effects of the organism, or the class or description of organism:
d: The management agency that is to be responsible for implementing the strategy:
e: The proposed period for which the strategy will remain in force:
f: In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:
g: Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy and the reasons for preferring the measures specified in accordance with paragraph (f)
h: Each proposed strategy rule, an explanation of each proposed rule, and, if it is proposed that a breach of the rule will be an offence under this Act, a statement to that effect:
i: Whether land will include portions of adjoining road for the purposes of the strategy in accordance with section 6
j: The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:
k: The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—
i: The environment; and
ii: The marketing overseas of New Zealand products:
l: An analysis of the benefits and costs of the strategy (including the reasons why the strategy is more appropriate than relying on the voluntary actions of persons) in relation to each organism to which the strategy would apply:
m: The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 77
n: The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:
o: The powers to be used in accordance with section 55
p: Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:
q: The proposed means for measuring the extent to which the objectives of the strategy are being achieved:
r: The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
48: Funding information required in proposal
The principal Act is amended by repealing section 77 section 3 Biosecurity Amendment Act 1996
77: A proposal for a regional pest management strategy must specify, in relation to each organism or in relation to each class or description of organism to which the strategy would apply, the following matters:
a: The extent to which any persons or persons of any class, kind, or description are likely to benefit from the strategy:
b: The extent (if any) to which any persons or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:
c: The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96
i: The matters required to be specified in accordance with section 93(1)
ii: How the proposed levy will comply with section 92(1)(d), (e), (f), and (g)
d: Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.
49: Notification of proposed regional pest management strategy
1: Section 78 subsections (1) (2)
1: A regional council must publicly notify a proposed regional pest management strategy—
a: By publishing a notice in 1 or more daily newspapers circulating within the council's region; and
b: By giving such further notice, if any, as the regional council considers appropriate having regard to the nature and distribution of the organism concerned and the persons likely to have an interest in the proposal.
2: Every notice under this section must include—
a: A description of the proposed strategy:
b: A statement that submissions on the proposed strategy may be made in writing to the regional council by any person:
c: A closing date for submissions (which must not be earlier than 20 working days after notification under this section):
d: A statement that every submission should state—
i: Those aspects of the proposed strategy that the submission supports; and
ii: Those aspects of the proposed strategy that the submission opposes; and
iii: The reasons for the support and opposition identified; and
iv: Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and
v: Whether the person making the submission wishes to be heard in respect of that submission:
e: A list of the places where a copy of the proposed strategy may be obtained or inspected:
f: An address for submissions.
2A: Any person may make a submission to the regional council about a proposed regional pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d)
2: Section 78 Minister of Agriculture subsection (3) responsible Minister
3: Section 78 prepared by it subsection (4) that it has notified
50: New sections inserted relating to regional pest management strategies
1: The principal Act is amended by repealing section 80
79A: Summary of submission, notification, and conduct of hearing
Every proposal for a regional pest management strategy must be subject to an inquiry, the Second Schedule
79B: Regional matters to be considered and regional council's report
1: In considering a proposed regional pest management strategy, a regional council—
a: Must have regard to—
i: All submissions; and
ii: All relevant provisions of this Part; and
iii: A report on the proposed regional pest management strategy made to it by its principal officer; and
iv: Any report and any recommendations of a hearings commissioner; and
b: Where the strategy includes provision for funding, the strategy in accordance with section 97
i: The extent to which the proposal for the pest management strategy gave notice of the intention to provide in the strategy for wholly or partially funding the strategy in accordance with section 97
ii: The extent of consultation with the occupiers of the properties on which the rate or rates is or are likely to be levied and the views of those occupiers; and
iii: All views expressed to the regional council by any other person concerning the proposal to fund the strategy in accordance with section 97
iv: All other relevant matters known to the council; and
c: Must be satisfied on reasonable grounds of the matters in section 72(1)
2: On completion of its consideration, the council must prepare a written report on the proposed regional pest management strategy and the matters raised by the submissions, and must give its decision which must include the regional pest management strategy and the reasons for accepting or rejecting any submissions or group of submissions.
3: The decision of the regional council may include any consequential alterations arising out of submissions and any other relevant matters it considered relating to matters raised in submissions.
4: The regional council must give public notice of the decision and the pest management strategy.
79C: Notification of decision
At the same time as a regional council gives public notice of its decision, it must serve on every person who made a submission on a provision, a copy of its decision on that provision.
79D: Reference of decision on submissions to Environment Court
1: Any person who made a submission on a proposed regional pest management strategy may refer to the Environment Court—
a: Any provision included in the proposed regional pest management strategy, or a provision which the decision on submissions proposes to include in the regional pest management strategy; or
b: Any matter excluded from the proposed regional pest management strategy, or a provision which the decision on submissions proposes to exclude from the regional pest management strategy,— if that person referred to that provision or matter in that person's submission on the proposed regional pest management strategy.
2: Any reference to the Environment Court under this section must be lodged with the Environment Court within 15 working days of service of the decision of the regional council and must state—
a: The reasons for the reference and relief sought; and
b: The address for service of the person who made the reference; and
c: Any other matters required by regulations.
3: A person who makes a reference to the Environment Court under this section must serve a copy of the notice within 5 working days after the reference is lodged with the Environment Court, on—
a: The regional council; and
b: Every person who made a submission on that provision or matter.
79E: Hearing by Environment Court
1: The Environment Court must hold a public hearing into any provision or matter referred to it.
2: Where the Environment Court holds a hearing into any provision or matter of a proposed regional pest management strategy, that reference is an appeal and the Environment Court may confirm, or direct the regional council to modify, delete, or insert, any provision or matter which is referred to it.
79F: Final consideration of regional pest management strategy
1: A regional council must make a regional pest management strategy once it has made the amendments as directed by the Environment Court.
2: A strategy must be made under this section by affixing the seal of the regional council to the document.
3: The regional council must provide 1 copy of each regional pest management strategy made by the council to every public library in its area.
2: Section 97A section 4 Biosecurity Amendment Act 1996
51: New sections inserted
The principal Act is amended by inserting, after section 80
80A: Contents of regional pest management strategy
A regional pest management strategy must specify the following matters:
a: The pest or pests to be managed or eradicated:
b: The objectives of the strategy:
c: The management agency that is responsible for implementing the strategy:
d: The period for which the strategy will remain in force:
e: The powers to be used in accordance with section 55
f: The strategy rules, if any, made in accordance with this Act:
g: The portions of road, if any, that are included as adjoining land, in accordance with section 6
h: The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:
i: The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:
j: The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.
80B: Strategy rules
1: A pest management strategy made under section 79F
a: Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:
b: Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:
c: Requiring the identification of specified goods:
d: Prohibiting or regulating specified methods that may be used in the management of the pest:
e: Prohibiting or regulating activities which may affect measures taken to implement the strategy:
f: Requiring audits or inspections of specified actions:
g: Specifying, for the purposes of section 52(a)
h: Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:
i: Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:
j: Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:
k: Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:
l: Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
m: Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
n: Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
o: Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:
p: Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
q: Prohibiting or regulating the holding or disposal of organic material:
r: Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
s: Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
2: A rule may provide that no exemptions from any requirement of the rule may be granted under section 80D
3: A rule may—
a: Apply generally throughout the region or within a specified part or parts of the region:
b: Apply generally or with respect to different classes of persons, places, goods, or other things:
c: Apply generally or at any specified time of each year.
4: Where a rule applies to a specified part or parts of the region, other rules relating to the same subject matter may be made for other specified parts of the region.
5: So far as the bylaws of the regional council or a territorial authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.
6: In the event of an inconsistency between regulations made under this or any other Act or the rules in a national pest management strategy, and the rules in a regional pest management strategy, the regulations or rules in a national pest management strategy prevail.
7: A rule may specify that a breach of the rule creates an offence under section 154(r)
8: Notwithstanding any rule of law to the contrary, a strategy rule may not be declared invalid for unreasonableness.
80C: Incorporation by reference
1: Any written material or document that, in the opinion of the regional council, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.
2: Any material incorporated by reference under this section is deemed for all purposes to form part of the rule but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.
3: All material incorporated by reference under this section must be available at the office of the management agency for that strategy, and copies of that material must be available for purchase for a reasonable charge.
80D: Exemption power of regional council
1: The regional council may, if the regional council considers it appropriate and upon such conditions as the regional council considers appropriate, exempt any person from any specified requirement in any rule included in a regional pest management strategy in accordance with this Act.
2: Before granting an exemption under this section, the regional council must be satisfied in the circumstances of each case that—
a: The requirement has been substantially complied with and that further compliance is unnecessary; or
b: The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
c: The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
d: Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,— and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.
3: The regional council may, upon such conditions as it thinks fit, exempt all persons or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things, from any requirement in any rule included in a regional pest management strategy made under this Act if the regional council is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.
4: The number and nature of exemptions granted under this section must be recorded by the regional council in a register; and the register must be available for public inspection during the normal office hours of the regional council.
5: Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.
52: Regional council may delegate powers
Section 52 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
53: Councils may act jointly
Section 83
a: By omitting from subsection (1) propose and approve notify and make
b: By omitting the word proposed subsection (1)(b)
c: By omitting the word approved subsection (1) made
54: Operational plans
1: Section 85(1) approved made
2: Section 85(3)
a: By repealing paragraph (b)
b: In the case of a national pest management strategy, the Minister who recommended the Order in Council making the pest management strategy; and:
b: By omitting from paragraph (c) approved made
3: Section 85 subsection (4)
4: The Minister who recommended the making of the Order in Council making the strategy (in the case of a national pest management strategy) and the regional council that made the strategy (in the case of a regional pest management strategy) may,—
a: At any time before being notified under subsection (3)
b: Not later than 20 working days after being so notified,— give the management agency written notice that the Minister or the regional council (as the case may be) intends to disallow the plan or any part of the plan on the grounds that the Minister or the regional council believes that the plan or that part of the plan is inconsistent with the strategy.
4: Section 85 subsection (5)
5: Unless the Minister or regional council later gives the management agency concerned written notice that the Minister or regional council is now prepared to allow the plan, or a part of a plan, in respect of which the Minister or the regional council gave the agency notice under subsection (4)
55: Duration and review of pest management strategies
The principal Act is amended by repealing section 88
88:
1: In this section, a reference to the Minister regional council
2: A pest management strategy ceases to have effect—
a: When the Minister or regional council declares by public notice that the purpose of the strategy has been achieved; or
b: After the expiry of the period specified in the strategy; or
c: When, following a review carried out in accordance with this section, the strategy is revoked,— whichever event occurs first.
3: The Minister or a regional council may review a pest management strategy in accordance with this section at any time—
a: If the Minister or regional council has reason to believe that the strategy is failing to achieve its purposes; or
b: If the Minister or regional council has reason to believe that relevant circumstances have changed to a significant extent since the strategy commenced; or
c: If the strategy is due to expire in less than 12 months and—
i: Any person requests the Minister or regional council to notify a proposal to extend the duration of the strategy; or
ii: The Minister or regional council proposes to extend the duration of the strategy— and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged.
4: Where the review of a pest management strategy has commenced in accordance with this section and that strategy would otherwise expire in accordance with the terms of the strategy during the review, that strategy continues in force until amended or revoked on completion of the review, including the completion of any rights of appeal.
5: Where any person requests the Minister or regional council to notify a proposal to extend the duration of a strategy in accordance with subsection (3)(c)(i)
a: The Minister or regional council may refuse to notify a proposal if the provisions of sections 59 or 75
b: The review may be processed only so far as the costs of the review are met by that person.
6: Where a pest management strategy has been in force for 5 years or more and it is more than 5 years since the strategy has been reviewed in accordance with this section, the Minister or regional council must proceed to review the strategy in accordance with this section and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged; and this review is a cost of the strategy.
7: A review of a national pest management strategy is commenced by a proposal notified in accordance with section 62 sections 63 to 70
8: A review of a regional pest management strategy is commenced by a proposal notified in accordance with section 78 sections 79 to 83
9: A proposal must state whether it is proposed that the strategy be amended or revoked or left unchanged, the proposed amendments, if any, in full, and the reasons for the proposed result of the review.
10: Every notification of a proposal for a review must—
a: Describe the proposed result of the review; and
b: State where the proposal can be inspected; and
c: Include a statement that submissions on the proposal may be made in writing by any person to the Minister or regional council, as the case may be; and
d: Include a closing date for submissions (which is not earlier than 20 working days after public notice of the proposal is given); and
e: Include a statement that every submission should state whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held.
11: On completion of the review the Governor-General may, by Order in Council made on the recommendation of a Minister, amend or revoke a national pest management strategy; and in that event the Minister must present a copy of the order, and where appropriate the strategy as amended, to the House of Representatives.
12: An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989
13: On completion of the review a regional council may, by affixing the common seal of the council, amend or revoke a regional pest management strategy.
14: The regional council must provide one copy of each amended regional pest management strategy made by the regional council to every public library in its area.
56: Minor changes to strategy
The principal Act is amended by inserting, after section 88
88A:
1: Subject to subsection (4) section 88
2: An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989
3: Subject to subsection (4) section 88
4: A strategy may be amended in accordance with this section only if the Minister or regional council is satisfied that the amendment will not have any significant effect on the rights and obligations (including obligations to contribute to the costs of the strategy) of any person.
5: In this section, a reference to the Minister regional council
57: Strategy may impose levy
Section 90 subsection (1) the responsible Minister a Minister
58: Restrictions on levies
Section 92 subsection (1) the responsible Minister a Minister
59: Contents of levy provisions in strategy
1: Section 93(1) pest management strategy order under section 90
2: Section 93(1) paragraphs (g) (h)
g: Whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the places, goods, or other things to which the different rates may apply; and
h: In respect of each rate of levy, the maximum rate of levy; and
ha: How the management agency is to set the actual rate or rates of levy; and .
3: Section 93(2) A pest management strategy An order under section 90
4: Section 93(2)
d: The holding of funds from which payments of levy are to be made, on trust in separate accounts.
60: Trust accounts for levy money payable to management agency
The principal Act is amended by inserting, after section 93
93A:
1: Where an order under section 90 Reserve Bank of New Zealand Act 1989
a: Ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and
b: Take all practicable steps to ensure that—
i: The account is used only for holding amounts required to be deposited by subsection (3)
ii: The balance in the account on any day is not less than the amount outstanding to the management agency on that day by the person responsible for collecting the levy.
2: For the purpose of this section, the amount outstanding to the management agency by a person responsible for collecting the levy on any day is the remainder obtained by subtracting—
a: The total of all amounts of levy paid by that person to the management agency before that day calculated on the basis specified in the order under section 90
b: The total of all amounts required by subsection (3)
3: Where a person is responsible for collecting a levy that person must deposit an amount equal to the levy calculated on the basis provided for in the order under section 90
4: There is deemed to be held on trust for the management agency as levy money—
a: The amount outstanding to the management agency by the person responsible for collecting the levy held in the trust account specified in the order under section 90
b: Where the amount held in the account is less than the amount outstanding, all the money in the account.
5: Money deemed by subsection (4)
a: Is not available for the payment of; and
b: Is not liable to be attached or taken in execution at the instance of— any creditor of the person responsible for collecting the levy (other than the management agency).
6: A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account referred to in this section until all the levy money payable to the management agency in respect of the period during which that person was responsible for collecting the levy has been paid.
7: Nothing in subsection (6)
61: Effect of levy
Section 94
c: The levy may be spent by the management agency only for those purposes set out in the levy order made under section 90
62: New provisions for audit of levies
The principal Act is amended by inserting, after section 95
95A: Orders to provide for statements, accounts, and records to be kept
For the purpose of ascertaining whether or not an order under section 90
a: The keeping of statements, accounts, and records of specified classes or descriptions by the management agency, persons responsible for collecting the levy, and persons responsible for paying the levy concerned, or any of them; and
b: Any such statements, accounts, or records to be retained for a specified period.
95B: Compliance audits
1: While an order under section 90
a: Some or all of the persons responsible for collecting the levy:
b: Some or all of the persons responsible for paying the levy.
2: While an order under section 90
3: No person is qualified for appointment as an Auditor unless the person is a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996 Companies Act 1993 Gazette
4: No officer or employee of any of the following persons or organisations may be appointed an Auditor:
a: Any management agency:
b: Any person responsible for collecting the levy under the order concerned:
c: Any person responsible for paying the levy under the order concerned.
5: Every person appointed as an Auditor is entitled to remuneration (paid by the management agency concerned) as provided in the relevant levy order.
6: For the purposes of sections 95C and 95D Auditor subsection (1) or subsection (2)
95C: Purpose of compliance audits
1: The purpose of an audit conducted by an Auditor appointed under section 95B(1)
a: The extent to which persons responsible for paying the levy concerned are doing and have done so:
b: The extent to which appropriate amounts of the levy concerned are being and have been paid:
c: The extent to which appropriate amounts of the levy concerned are being and have been collected:
d: The extent to which appropriate amounts of the levy concerned are being and have been paid over to the management agency by persons collecting it:
e: The extent to which statements, accounts, and records are being and have been kept:
f: The extent to which statements, accounts, and records that are being and have been kept are being and have been properly kept.
2: The purpose of an audit conducted by an Auditor appointed under section 95B(2)
95D: Power of Auditors to require production of statements, accounts, and records
1: For the purposes of conducting an audit, any Auditor specifically or generally authorised in writing in that behalf by a Minister may from time to time require any person (being a management agency, a person responsible for collecting levies, a person responsible for paying levies, or any employee or officer of a management agency or of any such person) to produce for inspection within a reasonable period specified by the Auditor any statements, accounts, and records in the possession or under the control of that person (being statements, accounts, or records that are required to be kept under this Act or by an order), and may take copies of or extracts from any such document.
2: Every authorisation under subsection (1)
a: A reference to this section; and
b: The full name of the Auditor; and
c: A statement of the powers conferred on the Auditor by subsection (1)
3: Subject to section 95C(2)
4: Notwithstanding subsection (3) Official Information Act 1982
63: Resolution of disputes
1: Section 96 pest management strategy Order under section 90
2: Section 96 mediators arbitrators
3: Section 96 mediation paragraph (d) arbitration
64: Limitation on expenditure
The principal Act is amended, by inserting after section 99A
99B: A management agency must not spend funds to meet the costs of implementing a pest management strategy in contravention of the limitations, if any, imposed on the expenditure of funds by the strategy.
65: New sections inserted relating to exercise of powers
The principal Act is amended by repealing section 100
100: Regional council may without pest management strategy undertake small-scale management of unwanted organisms
1: If satisfied that—
a: An unwanted organism that is present in the region could cause serious adverse and unintended effects unless early action to control it is taken; and
b: The organism can be eradicated or controlled effectively by small-scale measures within 3 years of commencing measures to control the organism, because—
i: Distribution of the organism is limited; and
ii: Technical means to control the organism are available; and
c: The taking of all the measures (including the payment of any amount to a person for the purpose of compensating that person for a loss) is likely to cost less than an amount for the time being prescribed for the purposes of this section by the Governor-General by Order in Council; and
d: The taking of those measures is unlikely to result in significant monetary loss to any person, other than a person who has contributed to the presence or spread of the organism by failing to comply with this Act or any pest management strategy,— a regional council may, by giving such public notice as the regional council thinks fit having regard to the distribution of the unwanted organism and the persons likely to be affected by the measures taken, declare a small-scale management programme.
2: Every public notice declaring a small-scale management programme must specify—
a: The unwanted organism that is the subject of the small-scale management programme; and
b: The objectives of the small-scale management programme; and
c: The powers to be exercised in accordance with section 55
3: Before any powers to enter a place and carry out work are exercised in accordance with a small-scale management programme, a notice specifying the matters in subsection (2)
4: Subsection (3)
5: A small-scale management programme ceases to have effect—
a: When the regional council declares by public notice that the programme is failing to control the organism; or
b: When the regional council declares by public notice that the organism has been eradicated or brought under control; or
c: After the expiry of 5 years from the declaration of the programme.
100A: Exercise of powers in respect of unwanted organism
1: The powers under Part VI
a: The Director-General:
b: A chief technical officer appointed by the Director-General, or the chief executive of any department:
c: An inspector or authorised person appointed under section 103(1)(a)
d: An inspector or authorised person appointed under section 103(2)(a)
2: Where a small-scale management programme has been declared under section 100 Part VI subsection (1)
6: Administrative provisions
66: Chief technical officers
Section 101 subsection (2)
2: The chief executive of a department recognised by the responsible Minister as having responsibilities for natural and physical resources or human health that could be adversely affected by an organism may appoint chief technical officers for the purposes of this Act, being in each case a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.
3: A chief technical officer appointed under subsection (2) sections 103(1), 116, 126, and 127
67: Deputy chief technical officers
Section 102 subsection (1)
1: The Director-General and the chief executive of any other department may appoint, in respect of any chief technical officer appointed by the Director-General or that chief executive, 1 or more deputy chief technical officers who must in each case be a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.
68: Inspectors, authorised persons, and accredited persons
1: Section 103 subsections (1) (2)
1: A chief technical officer appointed as such by the Director-General may from time to time—
a: Appoint inspectors and authorised persons for the purposes of administering and enforcing the provisions of this Act:
b: Appoint authorised persons for the purposes of a national pest management strategy.
2: A chief technical officer appointed as such by the chief executive of a department may from time to time—
a: Appoint inspectors and authorised persons for the purposes of administering and enforcing all or any of the provisions of this Act except the provisions of Part III
b: Appoint authorised persons for the purposes of a national pest management strategy.
2: Section 103
a: By adding to subsection (3) or any small-scale management programme declared by the council for that region, or to ascertain the presence or distribution of any pest, pest agent, or unwanted organism
b: By omitting from subsection (6) the regulations, or a pest management strategy or the regulations
69: Authorised persons to comply with instructions
The principal Act is amended by repealing section 104
104:
1: All authorised persons appointed by a chief technical officer must comply with any lawful direction or instruction given by a relevant chief technical officer in relation to the exercise and performance of the powers, duties, and functions conferred or imposed on authorised persons by this Act.
2: All authorised persons appointed by a principal officer must comply with any lawful direction or instruction given by that officer in relation to the exercise and performance of the powers, duties, and functions conferred or imposed on authorised persons by this Act.
3: For the purposes of this section, relevant chief technical officer
70: Delegation to authorised persons
Section 105(1)
a: By inserting, before the words A Minister Subject to sections 9, 10, and 11
b: By repealing paragraphs (b) (d) (e)
71: Power to require assistance
Section 106
2: A person employed or requested to assist an inspector or authorised person has the same powers as that inspector or authorised person while that person is under the immediate direction and control of that inspector or authorised person.
72: Power of inspectors to detain people
Section 107 controlled biosecurity control
73: Power of inspection
Section 109
a: By inserting in subsections (1) (2) enter and inspect
b: By omitting from subsection (1)(a) authorised in writing by the Director-General to exercise the powers of inspection conferred by this paragraph
c: By omitting subparagraphs (iii) (iv) subsection (1)(a)
iii: Any risk goods: :
d: By omitting from subsection (1)(b) authorised in writing (by the Director-General, other chief executive, or principal officer, by whom the inspector or authorised person was appointed) to exercise the powers of inspection conferred by this paragraph
e: By omitting from subsection (2)(b) 110(1) 110
f: By omitting from subsection (3) 110(1) 110
g: By inserting in subsection (4) powers of entry and
74: Warrant to inspect dwellinghouse, marae, etc
Section 110
a: By omitting the words duly authorised Justice Justice of the Peace
b: By omitting the expression (v) (iii)
c: By inserting, after the word enter and inspect
75: Entry in respect of offences
1: Section 111 inspector or authorised person
2: Section 111 subsection (1) duly authorised Justice Justice of the Peace
76: Duties on exercising power of entry
The principal Act is amended by repealing section 112
112:
1: An inspector, authorised person, or member of the Police, exercising a power of entry conferred by sections 30A, 109, 111, or 126
a: Must have with him or her—
i: Evidence of his or her identity and appointment as an inspector, authorised person, or member of the Police; and
ii: In the case of entry under section 109 section 110 section 111
b: Must produce them to any person appearing to be in charge of the place entered—
i: On entering the place (if such a person is then present); and
ii: At any reasonable time thereafter, if asked to do so by the person; and
c: If there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspector, authorised person, or member of the Police leaves the place, must, as soon as is practicable upon leaving the place, give an occupier or person in charge of the place written notice stating that the place has been entered, and specifying the following matters:
i: The time and date of entry:
ii: The circumstances and purpose of entry:
iii: The name, office or position, and employer of every person entering:
iv: If entry was under warrant, the principal contents of the warrant:
v: Every thing that has been seized, or that nothing has been seized, and every action taken, or that no action has been taken.
2: An inspector, authorised person, or member of the Police exercising a power of entry conferred by sections 30A, 109, 111, or 126
77: General powers
The principal Act is amended by repealing section 114
114: An inspector or authorised person who has lawfully entered a place under section 109 or section 111
78: Application of articles or substances from aircraft
The principal Act is amended by inserting, after section 114
114A:
1: A chief technical officer or principal officer may, by notice in writing, give approval for a specified person or any specified class of persons to apply any article or substance to any place from the airspace above that place for the purposes of—
a: Eradicating or managing any pest or unwanted organism; or
b: Ascertaining the presence or absence of any pest or unwanted organism.
2: An approval given under subsection (1)
3: Any person specified in an approval or person of the class specified in an approval given in accordance with subsection (1)
4: Nothing in this section derogates from any provision of the Civil Aviation Act 1990
5: For the purposes of this section, public notice is given by publishing, at least 2 weeks before the intended date when the article or substance is to be applied, in a newspaper circulating in the area in which the place is situated, a notice specifying the following information:
a: The date on which, or as soon as practicable after which, it is intended to apply the article or substance:
b: The article or substance to be applied:
c: A clear description by reference to its boundaries (including districts, roads, and other commonly known features) of the place to which the article or substance is to be applied:
d: The name and address of the person or body responsible for the application of the article or substance.
79: Assistance in exercising powers
Section 115(b) machine or device thing
80: Power to seize and dispose of unauthorised goods
The principal Act is amended by repealing section 116
116:
1: Any inspector lawfully exercising a power under any of sections 19(2), 31, 34(5), 109, 111, 113, 114, or 120
a: Any unauthorised goods:
b: Any goods where an inspector has reasonable grounds to suspect—
i: Those goods are in contact with, or have been in contact with, unauthorised goods; and
ii: Pests or unwanted organisms could have been transmitted from the unauthorised goods to those goods.
2: A chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, the treatment of, or any other dealing with, any goods seized in accordance with subsection (1)
3: A chief technical officer may offer the importer or owner of any goods imported into New Zealand and seized under subsection (1)
4: A chief technical officer may permit goods seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to obtain a biosecurity clearance and in such a case the estimated costs and expenses of the custody and maintenance of the goods must be paid in advance to the Director-General.
5: If an organism seized in accordance with subsection (1) section 3 of the Trade in Endangered Species Act 1989
6: In exercising the powers of a chief technical officer in accordance with subsections (2), (3), and (4) Part III subsection (1)
81: Power to apply article or substance to place
The principal Act is amended by inserting, after section 121
121A:
1: An inspector or authorised person may, for the purpose of ascertaining the presence or absence of any pest or unwanted organism, bring onto and leave for a reasonable time at any place, any article or substance.
2: An article or substance brought onto or left at any place must have a volume no greater than 1 cubic metre unless the article or substance is specified in regulations made under this Act.
3: No person may, without reasonable excuse, move or interfere with any article or substance left at a place by an inspector or authorised person pursuant to this section.
82: Prohibition or control of certain tests
The principal Act is amended by inserting, after section 121A section 81
121B:
1: The Governor-General may by Order in Council, prohibit any test, or control the use of any test by making that test subject to conditions imposed by a chief technical officer if the prohibition or control of that test is necessary for—
a: The effective management or eradication of any pest or unwanted organism; or
b: The provision of assurances and certificates in relation to exports of organisms and their products.
2: No person may—
a: Carry out any test prohibited by an Order in Council made under this section:
b: Carry out any test controlled by an Order in Council made under this section other than in accordance with the conditions imposed by a chief technical officer.
3: No person may act in a manner that the person knows or suspects is likely to alter a response to a controlled test.
4: For the purposes of this section a test section 121(1)
5: An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989
83: Power to give directions
The principal Act is amended by repealing section 122
122:
1: An inspector or authorised person may, whenever that inspector or authorised person considers it to be necessary, direct the occupier of any place or the owner or person in charge of any organism or risk goods—
a: To treat any goods, water, place, equipment, fitting, or other thing that may be contaminated with pests or unwanted organisms; or
b: To destroy any pest or unwanted organism or any organism or organic material or thing that there are reasonable grounds to believe harbours a pest or unwanted organism; or
c: To take steps to prevent the spread of any pest or unwanted organism.
2: An inspector or authorised person may, by notice in writing, direct any person who has failed to comply with a rule included in a pest management strategy to comply with that rule.
84: Transitional facility direction
Section 125 quarantine facility transitional facility
85: Inspection of and intervention in transitional facilities and containment facilities
The principal Act is amended by repealing section 126
126:
1: An inspector authorised in writing by the Director-General may at any reasonable time enter a transitional facility or a containment facility for the purpose of confirming that the facility complies with the standards set in accordance with section 39 section 40 section 112
2: An inspector may exercise a power described in subsection (3)
a: A transitional facility or containment facility does not comply with the standards approved for a facility of that type; or
b: The operator of a transitional facility or containment facility is not complying with the standards approved for operating that facility; or
c: The terms upon which an organism is confined to the facility are not being complied with.
3: An inspector may—
a: Give a direction in writing to the operator of the transitional facility or containment facility specifying the suspected failure to comply or unsatisfactory circumstances, stating what the operator is required to do to remedy the situation and specifying the time within which the direction must be complied with; or
b: If a chief technical officer considers that emergency or other special circumstances so require, intervene summarily in the management or operation of the transitional facility or containment facility to ensure—
i: Compliance with the standards for that facility; or
ii: Compliance with the terms upon which the organism is confined to the facility.
4: A direction given under this section may be cancelled or varied by a subsequent notice in writing.
5: If a direction given under this section is not complied with within the time specified in the notice, an inspector may take such action as the inspector considers necessary to give effect to the requirements of the notice.
6: The costs and expenses reasonably incurred by an inspector in intervening summarily under subsection (3) subsection (5)
86: Destruction of imported organisms
Section 127
a: Omitting the words quarantine facility transitional facility
b: Omitting, from subclause (1) quarantine that facility
87: Power to act on default
Section 128
a: By inserting in subsection (1) a chief technical officer , a principal officer
b: By inserting in subsection (3) chief technical officer , principal officer
88: Liens
Section 129 recoverable by a chief technical officer, principal officer, or
89: Declaration of restricted place
1: Section 130 subsection (1)
1: If an inspector or authorised person believes or suspects on reasonable grounds that a pest or unwanted organism is or has been in a place, the inspector or authorised person may, by notice given in accordance with subsections (2) and (3)
2: Section 130(2) a chief technical officer , a principal officer,
3: Section 130 subsection (4)
4A: Where the agent or employee of an occupier to whom a notice has been given under subsection (1) subsection (4) subsection (1) subsection (4)
90: Declaration of controlled area
Section 131(3) paragraph (b)
b: The organisms, organic material, risk goods, or other goods within the controlled area that are specified in the notice, must be subject to such treatment and procedures as are specified in the notice.
91: Road blocks, cordons, check-points, etc
1: Section 132 subsection (2)
2: A District Court Judge may, on the written application (made on oath) of a chief technical officer, issue a warrant authorising the establishment of controls in relation to a place or area, if the District Court Judge is satisfied that—
a: Attempts are being made to manage or eradicate a pest or unwanted organism; and
b: There are reasonable grounds to suspect that the pest or unwanted organism is present within the place or area; and
c: The pest or unwanted organism is not known to be present in the places or areas that are adjacent to the place or area; and
d: It is necessary to establish controls in order to—
i: Prevent or limit the risk of the pest or unwanted organism spreading beyond the place or area if any spread of the organism would significantly affect the likely success of the management or eradication of the pest or unwanted organism; or
ii: Otherwise avoid significant prejudice to the management or eradication of the pest or unwanted organism.
2: Section 132 subsection (7) power of inspection powers
3: Section 132 subsection (8)
8: A member of the Police who has stopped or detained a vehicle, conveyance, or craft under subsection (7)
a: Enter and search that vehicle, conveyance, or craft; and
b: Open any box or receptacle in that vehicle, conveyance, or craft; and
c: Seize—
i: Any organism that is the pest or unwanted organism in respect of which the warrant concerned was issued; or
ii: Any thing that may harbour or contain the pest or unwanted organism in respect of which the warrant concerned was issued; or
iii: Any thing that, if moved beyond the control, would be moved in breach of section 130(4)
iv: Any thing that, if moved beyond the control, would be moved in breach of section 134(1)(b)
8A: A chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, the treatment of, or any other dealing with, any organism or other thing seized in accordance with subsection (8)
8B: In exercising the powers of a chief technical officer in accordance with subsection (8A)
92: Enforcement of area controls
1: Section 134 subsection (1)
1A: Every owner or person in control of an organism, organic material, risk goods, or other goods in respect of which treatment and procedures are specified by a notice under section 131(3)
2: Section 134(2) and other risk goods risk goods, or other goods
3: Section 134(3)
a: By omitting the words the Minister a Minister
b: By omitting the words or other risk goods risk goods, or other goods
93: Contents of levy order
Section 140(2)
d: The holding of funds from which payments of levy are to be made, on trust in separate accounts.
94: Trust accounts for levy money payable to Director-General
The principal Act is amended by inserting, after section 140
140A:
1: Where an order under section 137 Reserve Bank of New Zealand Act 1989
a: Ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and
b: Take all practicable steps to ensure that—
i: The account is used only for holding amounts required to be deposited by subsection (3)
ii: The balance in the account on any day is not less than the amount outstanding to the Director-General on that day by the person responsible for collecting the levy.
2: For the purpose of this section, the amount outstanding to the Director-General by a person responsible for collecting the levy on any day is the remainder obtained by subtracting—
a: The total of all amounts of levy paid by that person to the Director-General before that day calculated on the basis specified in the order under section 137
b: The total of all amounts required by subsection (3)
3: Where a person is responsible for collecting a levy, that person must deposit an amount equal to the levy calculated on the basis provided for in the order under section 137
4: There is deemed to be held on trust for the Director-General as levy money—
a: The amount outstanding to the Director-General by the person responsible for collecting the levy held in the trust account specified in the order under section 137
b: Where the amount held in the account is less than the amount outstanding, all the money in the account.
5: Money deemed by subsection (4)
a: Is not available for the payment of; and
b: Is not liable to be attached or taken in execution at the instance of— any creditor of the person responsible for collecting the levy (other than the Director-General).
6: A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account referred to in this section until all the levy money payable to the Director-General in respect of the period during which that person was responsible for collecting the levy has been paid.
7: Nothing in subsection (6)
95: New provisions for auditing levies payable to Director-General
The principal Act is amended by inserting, after section 141
141A: Orders to provide for records to be kept for Director-General's levy
For the purpose of ascertaining whether or not an order under section 137
a: The keeping of statements, accounts, and records of specified classes or descriptions by the Director-General, persons responsible for collecting the levy, and persons responsible for paying the levy concerned, or any of them; and
b: Any such statements, accounts, or records to be retained for a specified period.
141B: Compliance audits for Director-General's levy
1: While an order under section 137
a: Some or all of the persons responsible for collecting the levy:
b: Some or all of the persons responsible for paying the levy.
2: While an order under section 137
3: No person is qualified for appointment as an Auditor unless the person is a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996 Companies Act 1993 Gazette
4: No officer or employee of any of the following persons or organisations may be appointed an Auditor:
a: The Director-General:
b: Any person responsible for collecting the levy under the order concerned:
c: Any person responsible for paying the levy under the order concerned.
5: Every person appointed as an Auditor is entitled to remuneration (paid by the Director-General) as provided in the relevant levy order.
6: For the purposes of sections 141C and 141D Auditor subsection (1) or subsection (2) of this section
141C: Purpose of compliance audits for Director-General's levy
1: The purpose of an audit conducted by an Auditor appointed under section 141B(1)
a: The extent to which persons responsible for paying the levy concerned are doing and have done so:
b: The extent to which appropriate amounts of the levy concerned are being and have been paid:
c: The extent to which appropriate amounts of the levy concerned are being and have been collected:
d: The extent to which appropriate amounts of the levy concerned are being and have been paid over to the Director-General by persons collecting it:
e: The extent to which statements, accounts, and records are being and have been kept:
f: The extent to which statements, accounts, and records that are being and have been kept are being and have been properly kept.
2: The purpose of an audit conducted by an Auditor appointed under section 141B(2)
141D: Power of Auditors to require production of statements and records
1: For the purposes of conducting an audit, any Auditor specifically or generally authorised in writing in that behalf by a Minister may from time to time require any person (being the Director-General, a person responsible for collecting levies, a person responsible for paying levies, or any employee or officer of the Director-General, or any such person) to produce for inspection within a reasonable period specified by the Auditor any statements, accounts, and records in the possession or under the control of that person (being statements, accounts, or records that are required to be kept under this Act or by an order), and may take copies of or extracts from any such document.
2: Every authorisation under subsection (1)
a: A reference to this section; and
b: The full name of the Auditor; and
c: A statement of the powers conferred on the Auditor by subsection (1)
3: Subject to section 141C(2)
4: Notwithstanding subsection (3) Official Information Act 1982
96: Resolution of disputes
1: Section 142 mediators arbitrators
2: Section 142 mediation paragraph (d) arbitration
7: Exigency actions
97: Declaration of biosecurity emergency
1: Section 144(1) the Minister a Minister
2: Section 144(1)(b)
a: By omitting the word prevent,
b: By omitting the word prevented,
98: Emergency powers
Section 145 preventing,
99: Biosecurity emergency regulations
Section 150 prevention
100: Provisional control action
The principal Act is amended by repealing section 152
152:
1: If a Minister suspects on reasonable grounds that a pest or unwanted organism may be present in New Zealand but is unable to confirm the suspicion until further information is available to enable identification of the organism and consideration of the appropriate means of eradicating or managing the organism, and the Minister believes on reasonable grounds that sufficient powers are not otherwise available under this Act to prevent the spread or development of the organism, the Minister may by written notice to a chief technical officer declare a provisional control programme.
2: A notice given under subsection (1)
a: Specify the steps that the Minister believes are necessary or desirable to provisionally control the spread or development of the suspected organism; and
b: Authorise the chief technical officer to direct any inspector or authorised person to carry out the steps specified in the notice in such a manner as the chief technical officer thinks fit, and the inspector or authorised person may act accordingly.
3: A provisional control programme declared in accordance with this section may remain in force for such period not exceeding 60 days as the Minister believes on reasonable grounds to be necessary and the Minister may extend the programme for 1 further period not exceeding 60 days.
8: Enforcement, offences, and penalties
101: Offences
1: Section 154(n) and 51(2) 51(2) and 121B(2)
2: Section 154 paragraph (o)
o: Fails or refuses to comply with any of sections 19, 34, 35, 36, 37C, 40(6), 43, 48, 51(3), 121(2), 121A(3), and 132(9) .
3: Section 154
q: Without reasonable excuse, fails to comply with a strategy rule included in a national pest management strategy where that rule specifies that a breach of the rule creates an offence under this paragraph:
r: Without reasonable excuse, fails to comply with a strategy rule included in a regional pest management strategy where that rule specifies that a breach of the rule creates an offence under this paragraph:
s: Erroneously declares, in circumstances where that person is required to make a declaration in relation to goods specified in that declaration, that he or she is not in possession of any or all of those goods:
t: Knowingly fails to comply with any provision of this Act relating to the holding of levy money in trust accounts:
u: Fails to keep or properly maintain statements, accounts, or records of any leviable activity carried on by that person sufficient to satisfy the requirements of any order made under section 90 or section 137
v: Refuses or fails, without reasonable excuse, to comply with any requirement made under section 95D(1) or section 141D(1)
102: Proof of permission
Section 155 authorised officer authorised person
103: Penalties
The principal Act is amended by repealing section 157
157:
1: Every person who commits an offence against any of paragraphs (f), (g), (h), (i), (j), (k), (l), or (m) of section 154
a: In the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
b: In the case of a corporation, to a fine not exceeding $200,000.
2: Every person who attempts to commit an offence against section 154(f)
a: In the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
b: In the case of a corporation, to a fine not exceeding $200,000.
3: Every person who commits an offence against any of paragraphs (a), (b), (c), (n), or (t) of section 154
a: In the case of an individual person, to imprisonment for a term not exceeding 12 months, a fine not exceeding $50,000, or both:
b: In the case of a corporation, to a fine not exceeding $ 100,000.
4: Every person who commits an offence against paragraph (d) or paragraph (e) of section 154
a: In the case of an individual person, to imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both:
b: In the case of a corporation, to a fine not exceeding $100,000.
5: Subject to section 159 paragraphs (o), (p), (q), (r), (u), or (v) of section 154
a: In the case of an individual person, to a fine not exceeding $5,000:
b: In the case of a corporation, to a fine not exceeding $15,000.
6: Every person who commits an offence against any regulations made under this Act is liable on summary conviction,—
a: In the case of an individual person, to a fine not exceeding $5,000:
b: In the case of a corporation, to a fine not exceeding $15,000.
7: Subject to section 160A paragraph (s) of section 154
104: Procedure for certain declaration offences
The principal Act is amended by inserting, after section 160
160A:
1: Where an offence against section 154(s) the defendant the informant section 20A(2) of the Summary Proceedings Act 1957
2: The notice prepared under subsection (1) section 20A(3) of the Summary Proceedings Act 1957 subsection (6)
3: The informant must serve a copy of the notice on the defendant.
4: Where a notice of prosecution is served on a defendant in accordance with subsection (3) section 20A(2) of the Summary Proceedings Act 1957 section 20A(4) of that Act
5: The informant must, as soon as practicable after serving the notice of prosecution on the defendant, file a copy of the notice in the nearest District Court.
6: Where a defendant has been served with a notice of prosecution under subsection (3)
7: Where a defendant elects to pay an instant fine in accordance with subsection (6)
8: If the defendant does not elect to pay an instant fine in accordance with subsection (6), section 20A of the Summary Proceedings Act 1957 section 20A(5) 28 days 14 days
105: Evidence in proceedings
The principal Act is amended by repealing section 161
161:
1: In any proceedings for an offence against this Act or against any regulations made under this Act, a certificate that complies with subsection (4) subsection (2)
a: Is admissible in evidence; and
b: Is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.
2: This section applies to any certificate of 1 or more of the following kinds:
a: A certificate purporting to be signed by the principal officer of a regional council stating that a document attached to the certificate is—
i: A regional pest management strategy made by the council; or
ii: An amendment to such a strategy:
b: A certificate purporting to be signed by the Director-General stating that a person specified in the certificate is—
i: A chief technical officer appointed under section 101(1)
ii: A deputy chief technical officer appointed under section 102
c: A certificate purporting to be signed by the chief executive of a department stating that a person specified in the certificate is—
i: A chief technical officer appointed under section 101(2)
ii: A deputy chief technical officer appointed under section 102
d: A certificate purporting to be signed by a chief technical officer appointed under section 101(1)
i: An inspector or authorised person appointed by that chief technical officer under section 103(1)(a)
ii: An authorised person appointed by that chief technical officer under section 103(1)(b)
e: A certificate purporting to be signed by a chief technical officer appointed under section 101(2)
i: An inspector or authorised person appointed by that chief technical officer under section 103(2)(a)
ii: An authorised person appointed by that chief technical officer under section 103(2)(b)
f: A certificate purporting to be signed by the principal officer of a regional council stating that a person specified in the certificate is an authorised person appointed by that principal officer under section 103(3)
g: A certificate purporting to be signed by any person authorised by this Act, the State Sector Act 1988 Local Government Act 1974
i: The person has delegated the exercise or performance of the power or function under this Act specified in the certificate to the person specified in the certificate; or
ii: The person has delegated the exercise or performance of the power or function under this Act specified in the certificate to people of a kind or description specified in the certificate, and that a person specified in the certificate is a person of that kind or description:
h: A certificate purporting to be signed by the Director-General stating that a place specified in the certificate is—
i: A biosecurity control area; or
ii: A transitional facility approved for use or uses specified in the certificate; or
iii: A containment facility:
i: A certificate purporting to be signed by a chief technical officer or the chief executive of a management agency stating that—
i: An area specified in the certificate is an area controlled for the purposes of section 131
ii: The movement into, within, or from the controlled area of the organisms, organic material, risk goods, or other goods specified in the certificate is restricted, regulated, or prohibited, in the manner, to the extent, and subject to the conditions specified in the certificate; and
iii: The organisms, organic material, risk goods, or other goods specified in the certificate are subject to the treatment and procedures specified in the certificate.
3: The production of a document purporting to be a certificate to which subsection (2)
4: A certificate to which subsection (2)
a: At least 14 days before the hearing at which the certificate is to be tendered, a copy is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate as a witness at the hearing; and
b: The Court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the Court in the special circumstances of the case thinks fit), that the certificate should not be admissible as evidence in the proceedings.
5: The Court must not make an order under subsection (4)(b)
9: Miscellaneous provisions
106: Compensation
1: The principal Act is amended by inserting, at the beginning of Part 9 section 163
162A:
1: Where—
a: Powers under this Act are exercised for the purpose of the management or eradication of any organism; and
b: The exercise of those powers causes verifiable loss as a result of—
i: The damage to or destruction of a person's property; or
ii: Restrictions, imposed in accordance with Part VI Part VII that person is entitled to compensation for that loss.
2: The compensation payable under this section must be of such an amount that the person to whom it is paid will be in no better or worse position than any person whose property or goods are not directly affected by the exercise of the powers.
3: Compensation payable by a Minister or by a chief executive is payable from money appropriated by Parliament for the purpose.
4: Compensation must not be paid under this section to any person—
a: In respect of a loss in relation to unauthorised goods or uncleared goods; or
b: In respect of a loss suffered before the time when the exercise of the powers commenced; or
c: Who has failed to comply with this Act or regulations made under this Act and whose failure has been serious or significant or has contributed to the presence of the organism or to the spread of the organism being managed or eradicated.
5: Any dispute concerning the eligibility for, or amount of, compensation must be submitted to arbitration and the provisions of the Arbitration Act 1996
6: Nothing in this section applies to any loss suffered by any person as a result of the exercise of powers under this Act to implement a pest management strategy.
2: Sections 127(3) 149 150(3)(c) (d) (e) 153
107: New sections inserted
The principal Act is amended by inserting, after section 164
164A: Procedure for giving directions or making requirements
1: A direction may be given or a requirement made under this Act by a written notice delivered—
a: To a natural person,—
i: By delivering the notice to the person; or
ii: By delivering the notice to the person's usual or last known place of residence or business; or
iii: By sending the notice by pre-paid post to the person at the usual or last known place of residence or business of the person; or
iv: By sending the notice by facsimile to the person's usual or last known place of residence or business:
b: To a body (whether incorporated or not),—
i: By delivering the notice to an officer of the body; or
ii: By delivering the notice to the usual or last known place of residence or business of an officer of the body; or
iii: By sending the notice by pre-paid post to an officer of the body at the usual or last known place of residence or business of that person; or
iv: By delivery of the notice to the registered office of the body; or
v: By sending the notice by pre-paid post addressed to the body at the registered office of the body; or
vi: By sending the notice by facsimile to the registered office of the body:
c: To a partnership,—
i: By delivering the notice to any one of the partners; or
ii: By delivering the notice to the usual or last known place of residence or business of any one of the partners; or
iii: By sending the notice by pre-paid post to any one of the partners at the usual or last known place of residence or business of that person; or
iv: By delivery of the notice to the usual or last known place of business of the partnership; or
v: By sending the notice by pre-paid post addressed to the usual or last known place of business of the partnership; or
vi: By sending the notice by facsimile to the usual or last known place of business of the partnership:
d: To a Minister of the Crown,—
i: By personal delivery to the chief executive of the appropriate department; or
ii: By delivery to the head office of the appropriate department; or
iii: By sending the notice by pre-paid post addressed to the head office of the appropriate department; or
iv: By sending the notice by facsimile to the head office of the appropriate department.
2: Where reasonable attempts have been made to find the occupier of a place and no occupier can be found, a written notice under this section may be delivered to the occupier of that place by affixing the notice in some conspicuous location in or on the place.
3: Where a written notice is delivered in accordance with this section by post, the direction or requirement contained in the notice is deemed to be given or made at the time at which the notice would have been delivered in the ordinary course of the post in the absence of evidence to the contrary.
164B: Application of section 164A
Section 164A
a: May, if the provisions of that section are consistent with a procedure specified in this Act for giving a direction or making a requirement, apply in addition to that procedure:
b: May apply where this Act does not specify any procedure for giving any direction or making any requirement:
c: Does not require any direction to be given or requirement to be made in accordance with that section.
108: Registration of unwanted organisms
The principal Act is amended by adding, after section 164B section 107
164C:
1: Where a chief technical officer has formed the belief that makes an organism an unwanted organism, that chief technical officer must notify the Director-General that the organism is an unwanted organism.
2: The Director-General must keep a register of all organisms notified to the Director-General in accordance with subsection (1)
3: The register must be available for public information and inspection at the office of the Director-General during normal office hours.
4: Where a chief technical officer fails to notify the Director-General in accordance with this section, that failure does not invalidate the chief technical officer's belief that makes the organism an unwanted organism.
109: Regulations
1: Section 165
a: By omitting the words made on the recommendation of the Minister after consulting such persons as the Minister has reason to believe are representative of interests affected by the regulations
b: By omitting the word licences paragraph (b)
2: Section 165 paragraph (k)
k: Requiring the identification of, and prohibiting, regulating, or controlling the use of organic material including the prohibition or regulation of organic material as food for organisms: .
3: Section 165 paragraph (r)
ra: Prescribing articles or substances which may be left on any place for the purpose of ascertaining the presence or absence of any pest or unwanted organism: .
4: Section 165
2: Before making any recommendation for the purposes of subsection (1)
5: Section 165
a: By inserting in paragraph (s) the regulations and any pest management strategy
b: By repealing paragraph (u)
110: Amendment to Local Government Act 1974
Section 710(5) Local Government Act 1974
c: Any inspector or authorised person acting under any power conferred by the Biosecurity Act 1993
10: Savings and transitional provisions
111: Saving of section of Apiaries Act 1969
Sections 111 113 repealed 1 November 1999 60(b) Animal Products (Ancillary and Transitional Provisions) Act 1999
112: Saving of New Zealand Grown Fruit and Vegetables Regulations 1975
1: The regulations in subsection (2) section 173 regulation 4 Schedule 2 of the Biosecurity (Transition and Savings) Regulations 1996 regulation 18A 37 Schedule 2 section 16 Plants Act 1970
2: The regulations are—
a: The New Zealand Grown Fruit and Vegetables Regulations 1975
b: The New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 3 (SR 1977/209)
c: The New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 4 (SR 1978/261)
d: The New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 5 (SR 1985/266)
e: The New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 8 (SR 1991/115)
f: The New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 9 (SR 1992/218)
3: The following regulations are revoked:
a: Regulation 18A New Zealand Grown Fruit and Vegetable Regulations 1975 regulation 4(1) of the New Zealand Grown Fruit and Vegetables Regulations 1975, Amendment No 8)
b: Regulation 4(1) of the New Zealand Grown Fruit and Vegetable Regulations 1975, Amendment No 8
c: Regulation 37 New Zealand Grown Fruit and Vegetable Regulations 1975 regulation 4 of the New Zealand Grown Fruit and Vegetable Regulations 1975, Amendment No 5)
d: Regulation 4 of the New Zealand Grown Fruit and Vegetable Regulations 1975, Amendment No 5
e: So much of Schedule 2 New Zealand Grown Fruit and Vegetable Regulations 1975 regulation 2 and the Schedule of the New Zealand Grown Fruit and Vegetable Regulations 1975, Amendment No 9
f: So much of the Schedule of the New Zealand Grown Fruit and Vegetable Regulations 1975, Amendment No 9
113: Saving of Honey Export Certification Regulations 1980
Sections 111 113 repealed 1 November 1999 60(b) Animal Products (Ancillary and Transitional Provisions) Act 1999
114: Revocation of Biosecurity (Organisms) Order 1997
The Biosecurity (Organisms) Order 1997 (SR 1997/17)
115: Transition of import health permits
1: Every import health permit issued under section 20
a: For 1 year from the date of commencement of this Act; or
b: Until the permit expires in accordance with its terms; or
c: Until the permit is revoked,— whichever is the earliest, as though sections 20 21 23 24 section 26 section 27(b) (c) (d) (e)
2: Section 176 section 3 of the Biosecurity Amendment Act 1993
116: Transition of approval of ports
Every designation of a port as an approved place of first arrival under section 37 section 37 section 19
a: Until such time as the Director-General, after consultation with the chief executives specified in section 37D section 37
b: Until such time as the Director-General revokes the port's approval in accordance with section 37B
c: Until the expiry of 6 months from the date of coming into force of this Act,— whichever is the earliest.
117: Transition for transitional facilities
1: Every registration of a place as a quarantine facility under section 39 section 39 section 20 section 39
2: Every registration of a place as a containment facility under section 39 section 39 section 20 section 39
3: Where, at the commencement of this Act, a place is used with the approval of the Director-General for the inspection, treatment, storage, or destruction of uncleared goods, the Director-General may, within 1 month of the date of commencement of this Act and at the request of the occupier of the place, approve the place as a transitional facility under section 39 section 20
118: Transition of facility operators
1: Every registration of a person as a quarantine operator under section 40 section 40 section 21
2: Every registration of a person as a containment operator under section 40 section 40 section 21
3: Where a person is the operator of a place used for the purpose of inspection, treatment, storage, or destruction of uncleared goods, and that place has been approved as a transitional facility in accordance with section 117(3) section 117(3) section 40 section 21 section 40
119: Transition for notified pest management strategies
1: Where, before the commencement of this Act, a proposal for a pest management strategy has been notified in accordance with section 62 78 section 68 80 Part 5 Part 5 subsection (2)
2: Rules made for any of the purposes in section 69B 80B sections 42 51
a: The proposal for the strategy included material that the Minister or regional council now considers appropriate to include in the strategy as strategy rules; and
b: Persons likely to be affected by the strategy rules and all persons likely to have any interest whatsoever in the strategy rules have had an opportunity to make their views known on the relevant material in the proposal.
3: This section does not apply to the proposals for pest management strategies listed in section 120
120: Transition for specified notified pest management strategies
1: The provisions of Part 5 Part 5 subsection (2) section 62 78
2: The proposals for pest management strategies referred to in this section are:
a: The Animal Health Board's proposal for a national pest management strategy for bovine tuberculosis ( Mycobacterium bovis Gazette
b: The National Beekeepers' Association of New Zealand Inc's proposal for a national pest management strategy for American foulbrood ( Bacillus larvae Gazette
121: Transition for approved pest management strategies
1: Where a pest management strategy is in force at the commencement of this Act or approved in accordance with section 119
a: Until reviewed in accordance with subsection (2)
b: Until the expiry of 5 years from the date the strategy was approved,— whichever is the sooner, and the provisions of the principal Act (as amended by this Act) apply with any necessary modifications.
2: A pest management strategy continued in force under this section, may be reviewed by the Minister or regional council (as the case may be) in accordance with section 88 section 55 section 69A 80A sections 42 51 Subsection (1) amended 7 May 1999 5(1) Biosecurity Amendment Act 1999 by substituting the expression section 119 section 120
122: Transition for small-scale management of unwanted organisms
Where, before the commencement of this Act, a Minister or a regional council has commenced action under section 100 section 65 Section 122 amended 7 May 1999 5(2) Biosecurity Amendment Act 1999 by substituting the expression section 65 section 59
123: Transition for chief technical officers
Every appointment of a chief technical officer under section 101(2) section 101(2) section 66
124: Transition for inspectors and authorised persons
Every appointment of an inspector or authorised person under section 103(1) section 103(1)(a) section 68
125: Transition for provisional controls
Where, before the commencement of this Act, a Minister has commenced action under section 152 section 100
126: Amendments to
Schedule 2 Schedule 2
a: By omitting the words publicly notify clause 1 in respect of a regional pest management strategy by publishing a notice in 1 or more daily newspapers circulating within the council's region, or, in respect of a national pest management strategy, by publishing a notice in 1 or more of the daily newspapers circulating in the main metropolitan areas, publicly notify—
b: By omitting paragraph (b) clause 2
b: Publicly notify the dates, times, and places, where hearings will be held for a regional pest management strategy by publishing a notice in 1 or more of the daily newspapers circulating within the council's region, or, in respect of a national pest management strategy, by publishing a notice in 1 or more of the daily newspapers circulating in the main metropolitan areas; and.
127: Enactments amended
1: The Hazardous Substances and New Organisms Act 1996
a: By repealing so much of Schedule 4 Biosecurity Act 1993
b: By repealing so much of Schedule 6 Hamster Importation and Control Regulations 1972
2: The Summary Proceedings Act 1957 Part 2 The Biosecurity Act 1993 154(f), (g), (h), (i), (j), (k), (l), (m) Offences relating to dealings with goods in contravention of the Biosecurity Act 1993
11: Matters relevant to Hazardous Substances and New Organisms Act 1996
128: Interpretation
1: Section 2(1)
a: By repealing the definition of the term restricted organism
b: By repealing the definition of the term unwanted organism section 2
2: This subsection inserted the definitions of the terms Authority New organism Restricted organism Unwanted organism 2(1)
129: Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
This section inserted s 185A
130: New sections inserted
This section substituted s 28 s 28A
131: Approval of transitional facilities and containment facilities
1:
a: This paragraph amended s 39(1)
b: This paragraph amended s 39(3)
c: This paragraph amended s 39(3)
2: This subsection inserted s 39(2A)
132: Notifiable organisms
This section inserted s 45(5)
133: Saving of
Animals Act 1967 This section repealed s 169
134: Saving of
Plants Act 1970 This section amended s 170
135: Revocation of regulations
1: The Hamster Importation and Control Regulations 1972 (SR 1972/214) section 173 regulation 4 Schedule 2 of the Biosecurity (Transition and Savings) Regulations 1996
2: So much of Schedule 2 of the Biosecurity (Transition and Savings) Regulations 1996 subsection (1)
136: Schedules amended
a: This paragraph amended Schedule 3
b: This paragraph amended Schedule 3
c: This paragraph amended Schedule 7