biosecurity amendment bill (no. 4)-216-3 · 2. interpretation 3. ... 23. repeal of provisions...

BIOSECURITY AMENDMENT BILL (NO. 4)

AS REPORTED FROM THE COMMITTEE OF THE WHOLE

HOUSE

Price Code: KNo. 216-3

11

KEY TO SYMBOLS USED IN REPRINTED BILL

As REPORTED FROM A SELECT COMMITTEE

Struck Out (Unanimous)

Subject to this Act,

New (Unanimous)


lsubject to this Act,)


Text struck out unanimously

Text inserted unanimously

Words struck out unanimously

Words inserted unanimously

As REPORTED FROM THE COMMITTEE OF THE WHOLE HoUSE

Struck Out


New


((Subject to this Act,)1

Subiect to this Act,

Text struck out

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Words inserted

Hon. Simon Upton

BIOSECURITY AMENDMENT (NO. 4)

Title

1. Short Title and commencement

PART 1

PRELIMINARY

2. Interpretation3. Land may include parts of boundary

roads

4. New sections substituted

7. Relationship to other enactments7A. Relationship with Resource

Management Act 1991

PART 2

FUNCnONS, POWERS, AND DUTIES

5. Powers of responsible Minister6. Functions of Ministers in relation to pro-

posed national pest managementstrategies

7. Other powers of Ministers8. Powers of regional councils9. Transfer of powers, etc., by local

authorities

PART 3

IMPORTATION OF RISK GOODS

10. Purpose of Part III11. Notice of intended arrival of craft in

New Zealand

12. Repeal of provisions relating to importhealth permits

13. Import health standards14. Goods to be cleared for entry into New

Zealand

15. Inspector to be satisfied of certain mat-ters

16. Restricted organisms to be contained1 7. Processing unaccompanied goods18. Movement of risk goods19. New sections inserted

37. Approval of ports as places offirst arrival

37A. Approval of arrival of craft atport not approved as placeof first arrival

87B. Suspension of approval37c. Port operators

ANALYSIS

No. 216

371).Director-General to consult

chief executives

20. Approval of transitional facilities andcontainment facilities

21. Approval of facility operators

PART 4

SURVEILLANCE AND PREVENTION

22. Duty to provide information22A. Repeal of section 4423. Repeal of provisions relating to

imported risk goods24. Power to require information24A. Identification systems25. Communication of pest or unwanted

organism26. Duties of owners of organisms

PART 5

PEST MANAGEMENT

27. Purpose of Part V28. Powers for purpose of pest management

strategy and small-scale managementprograrnrne

29. Preparation of national pest manage-ment strategy

30. Notification ot Broposal by Minister31. Request to notiry national proposal31 A. Minister may refuse to notify sug-

gested strategy in certain circurn-stances

32. Preparation and contents of proposal fornational pest management strategy

33. Funding information required in propo·sal

34. Notification of proposed national pestmanaeement strategy

35. Board oY inqyiry36. Summary oi submissions, notification,

and conduct of hearing37. Making of national pest management

strategy38. Duties oi Ministers in relation to pro-

posed national pest managementstrategies

39. New sections inserted

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2 BiosecuTity Amendment (No. 4)

69A. Contents of national pest man-agement strategy

698. Strategy rules69c. Incorporation by reference69D. Exegption power of Minister

40. Preparation ot regional pest manage-ment strategy

41.Notification of proposal by regionalcouncil

42. Request to notify regional proposal43. Council may retuse to notify suggested

strategy in certain circumstances44. Preparation and contents of proposal for

regional pest management strategy45. Funding inrormation required in propo-

sal

46. Notification of proposed regional pestmanagement strategy

47. New sections inserted relating toregional pest management strategies

79A. Summary of submission, notifi-cation, and conduct of

hearing798. Regional matters to be con-

sidered and regional coun-cil's report

79c. Notification of decision

791).Reference of decision on sub-

missions to Environment

Court

79E. Hearing by Environment Court79F. Final consideration of regional

pest management strategy48. New sections inserted

80A. Contents of regional pest rnan-agement strategy

808. Strategy rules80c. Incorporation by referenceBOD. Exemption power of regional

council

49. Regional council may delegate powers50. Councils may act jointly51. Operational plans52. Duration and review of pest manage-

ment strategies53. Minor changes to strategy54. Strategy may impose levy55. Restrictions on levies

56. Contents of levy provisions in strategy56AA. Trust accounts for levy money pay-

able to management agency56A. Effect of levy568. New provisions for audit of levies

95A. Orders to provide for state-ments, accounts, and

records to be kept958. Compliance audits95c. Purpose of compliance audits950. Power of Auditors to require

production of statements,accounts, and records

57. Resolution of disputes58A. Limitation on expenditure59. Regional council may without pest man-

agement strategy undertake small-scale management of unwantedorganisms

PART 6

ADMINISTRATIVE PROVISIONS

60. Chief technical officers

61. Deputy chief technical officers62. Inspectors, authorised persons, and

accredited persons68. Authorised persons to comply with

mstructions

64. Delegation to authorised persons64A. Power to require assistance65. Power of inspectors to detain people66. Power of inspection6 7. Warrant to inspect dwellinghouse,

marae, etc

68. Entry in respect of offences69. Duties on exercising power of entry70. General powers71. Apphcation of articles or substances

trom aircraft

71A. Assistance in exercising powers7 2. Power to seize and dispose of

unauthorised goods7 3. Power to apply article or substance to

place74. Prohibition or control of certain tests

75. Power to give directions76. Transitional facility direction77. Inspection of and intervention in transi-

tional facilities and containment facili-

ties

78. Destruction of imported organisms7 BA. Power to act on default

78B. Liens

79. Declaration of restricted place79A. Declaration of controlled area

798. Road blocks, cordons, check-points, etc80. Enforcement of area controls

80A. Contents of levy order808. Trust accounts for levy money payable

to Director-General

80c. New provisions for auditing levies pay-able to Director-General

141A. Orders to provide for recordsto be kept for Director-General's levy

1413. Compliance audits for Dir-ec-tor·General's levy

141 c. Purpose of compliance auditsfor Director-General's levy

141D. Power of Auditors to requireproduction of statementsand records

81. Resolution of disputes

PART 7

EXIGENCY ACTIONS

82. Declaration of biosecurity emergency83. Emergency powers84. Biosecurity emergency regulations85. Provisional control action

PART 8

ENFORCEMENT, OFFENCES, AND PENALTIES

87. Offences

88. Proof of permission89. Penalties

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Biosecurity Amendment (No. 4)

89A. Procedure for certain declarationoffences

90. Evidence in proceedings

PART 9

MISCELLANEOUS PROVISIONS

90A. Compensation91. New sections inserted

164A. Procedure for ving direc-tions or making require-rnents

1648. Application of section 164A92. Registration of unwanted organisms93. Regulations93A. Amendment to Local Government Act

1974

PART 10

SAVINGS AND TRANSITIONAL PROVISIONS

94. Saving of section of Apiaries Act 196995. Saving of New Zealand Grown Fruit and

Vegetables Regulations 197596. Saving of Honey Export Certification

Regulations 198096A. Revocation of Biosecurity (Organisms)

Order 1997

97. Transition of import health permits98. Transition of approval of ports99. Transition for transitional facilities

100. Transition of facility operators101. Transition for notified pest manage-

ment strategies101 A. Transition for specified notified pest

management strategies

102. Transition for approved pest manage-ment strategies

103. Transition for small-scale managementof unwanted organisms

104. Transition for chief technical officers

105. Transition for inspectors and authorisedpersons

106. Transition for provisional controls106A. Amendments to Second Schedule

107. Enactments amended

PART 11

MATTERS RELEVANT TO HAZARDOUS

SUBSTANCES AND NEW ORGANISMS Acr 1996

108. Interpretation109. Organisms illegally present in New

Zealand at commencement of Haz-

ardous Substances and New Orga-nisms Act 1996

110. New sections inserted

28. Restrictions on giving clearances28A. Dealing with suspected new

organism111. Approval of transitional facilities and

containment facilities

112. Notihable organisms113. Saving of Animals Act 1967 for limited

administrative purposes114. Saving of Plants Act 1970 for limited

administrative purposes115. Revocation of reslations116. Schedules amended

A BILL INTITULED

An Act to amend the Biosecurity Act 1993

BE IT ENACTED by the Parliament of New Zealand as follows:

1. Short Title and commencement-(1) This Act may be5 cited as the Biosecurity Amendment Act (No. 4) 1996 and is part

of the Biosecurity Act 1993* ("the principal Act").(2) Part 11 of this Act comes into force on the date of

commencement of the Fourth Schedule to the Hazardous

Substances and New Organisms Act 1996.*1993, No. 95

Amendments: 1993, No. 129; 1994, No. 24; 1996, Nos. 23, 78

New (Unanimous)1

(2A) Section 90A of this Act comes into force on 1 October1998.

1

3

4 Biosecurity Amendment (No. 4)

(3) Except as provided in (subsection (2)) subsections (2) and (2A) ofthis section, this Act comes into force on the day on which itreceives the Royal assent.

PART 1

PRELIMINARY 5

2. Interpretation-(1) Section 2 (1) of the principal Act isamended by repealing the definitions of the terms "biosecuritycontrol area", "confine", "containment facility", "designatedport of entry", "import health permit", "import healthstandard", "Minister", "natural resources", "quarantine 10facility", "risk goods", "transitional facility", "treatment","unauthorised goods", and "unwanted organism".

(2) Section 2 (1) of the principal Act is amended by insertingin their appropriate alphabetical order the definitions of thefollowing terms: 15

" 'Biosecurity control area' means a place that is-la) Part of a port approved as a place of first

arrival in accordance with section 37 (1) of this Act; and

"(b) By written agreement with the port's operator,under the control of the Director-General for the 20

purposes of this Act:Containment facility' means a place approved in

accordance with section 39 of this Act for holdingorganisms that should not, whether for the timebeing or ever, become established in New Zealand: 25

" 'Import health standard' means a document issuedunder section 22 of this Act:

" 'Minister' means a Minister of the Crown; and

la) In relation to a national pest managementstrategy, means the Minister who recommended the 30making of the order under section 68 of this Actmaking the strategy; and

"(b) In relation to a proposal for a national pestInanagernent strategy that has been notified, meansthe Minister who notified the proposal: 35

New (Unanimous)

1

Natural and physical resources' means"(a) Organisms of all kinds; and"(b) The air, water, and soil in

organism lives or may live; andor on which any

40

Biosecuiity Amendment (No. 4)

New (Unanimous)

"(c) Landscape and land form; and"(d) Geological features; and"(e) Structures of all kinds; and

5 "(f) Systems of interacting living organisms andtheir environment:

1 1

Quarantine' means confinement of organisms ororganic material that may be harbouring pests orunwanted organisms:

10 " 'Risk goods' means any organism, organic material, orother thing or substance, that (by reason of its nature,origin, or other relevant factors) it is reasonable tosuspect constitutes, ha„rbours, or contains anorganism that may-

15 "(a) Cause unwanted harm to natural and physicalresources or human health in New Zealand; or

"(b) Interfere with the diagnosis, management, ortreatment, in New Zealand, of pests or unwantedorganisms:

20 New (Unanimous)

Road' includes all bridges, culverts, and fords formingpart of any road:

" 'Rule' means a rule included in a pest managementstrategy in accordance with section 698 or section 808 of

25 this Act:

Small-scale management programme' means a small-scale management programme declared undersection 100 of this Act:

New (Unanimous)1

30 Threatened species' includes any species within themeaning given to the terms 'extinct in the wild','critically endangered', 'endangered', and 'vulnerable'by the International Union for Conservation ofNature and Natural Resources:

5

1

6 Biosecuity Amendment (No. 4 )


" , Transitional facility' means any place approved as atransitional facility in accordance with section 39 of thisAct for the purpose of inspection, treatment,quarantine, storage, or destruction of uncleared 5goods:

New (Unanimous)

Transitional facility" means:

la) Any place approved as a transitional facility inaccordance with section 39 for the purpose of 10inspection, storage, treatment, quarantine, holding,or destruction of uncleared goods; or

"(b) A part of a port declared to be a transitionalfacility in accordance with section 39:

Unauthorised goods' means any goods that are- 15"(a) Uncleared goods in a place that is not a

transitional facility or a biosecurity control area (otherthan goods that, in accordance with the authority ofan inspector, are-

Struck Out (Unanimous) 20

"(i) Proceeding from one transitional facility orbiosecurity control area to another; or

1

New (Unanimous)

"(i) Proceeding from a transitional facility or abiosecurity control area to a transitional 25facility, biosecurity control area, or acontainment facility; or

1 1

lii) Being exported from New Zealand); or"(b) Uncleared goods that are in a transitional

facility or a biosecurity control area to which those 30goods proceeded, other than in accordance with theauthority of an inspector, from some othertransitional facility, or biosecurity control area, and


have not later received the authority of an inspectorto remain there; or

"(c) Goods which have been given a biosecurityclearance by an inspector following receipt by that

5 inspector of false, incomplete, or misleadinginformation concerning the goods; or

"(d) A restricted organism in a place that is not acontainment facility (other than an organism that,-

"(i) In accordance with the authority of an10 inspector, is proceeding irorn a

transitional facility, biosecurity controlarea, or a containment facility to anothertransitional facility, biosecurity controlarea, or containment facility; or

15 "(ii) Is in a transitional facility or biosecuritycontrol area to which it has proceeded inaccordance with the authority of aninspector; or

"(iii) In accordance with the authority of an20 inspector, is being exported from New

Zealand); or"(e) A restricted organism that is in a containment

facility to which it proceeded other than inaccordance with the authority of an inspector, and

25 has not later received the authority of an inspector torernain there:

New (Unanimous«)

Unwanted organism' means any organism that a chieftechnical officer believes is capable or potentially

30 capable of causing unwanted harm to any naturaland physical resources or human health:".

(2A) Section 2 ( 1) of the principal Act is amended-(a) By omitting from the definition of the term "New Zealand

territory" the word "territory", and substituting the35 words "land and the waters":

(b) By adding to the definition of the term "organism", thefollowing paragraph:

"(f) Includes any particle that is a prion:".1 1

(3) Section 2 (1) of the principal Act is amended by omitting40 from the definition of the term "pest management strategy",

the word "approved", and substituting the word "made".

7

1 1


(4) Section 2 (1) of the principal Act is amended by omittingfrom the definition of the term "restricted place" the word"premises", and substituting the word "place".

Struck Out (Unanimous)1 1

(5) Section 2 (1) of the principal Act is hereby amended by 5adding to the definition ot the term "unwanted organism", thewords "or human health".

New (Unanimous)

1

(5) Section 2 (1) of the principal Act is amended by adding tothe definition of the term "working day", after paragraph (a), 10the following paragraph:

"(ab) The day observed in the reion of a regionalcouncil as the anniversary day oi the province ofwhich the region forms part; and".

3. Land may include parts of boundary roads-The 15principal Act is amended by repealing section 6 andsubstituting the following section:

"6. (1) Where any pest management strategy applies to landadjoining a road, that strategy may state that the land includes,for the purposes of the strategy, all or any of the portions of 20road 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 25lines.

"(2) Any person required or authorised by or under any pestmanagement strategy to do anything on or in relation to land,where the pest management strategy provides that the landincludes portions of road in accordance with subsection (1), is also 30required or authorised to do that thing on those portions of theroad.

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



4. Correction of cross-reference-Section 7 (1) of theprincipal Act is hereby amended by omitting the expression"166 (1)", and substituting the expression "168 (1)".

5 New (Unanimous)1 1

4. New sections substituted-Section 7 of the principalAct is repealed, and the following sections substituted:

"7. Relationship to other enactments-(1) Nothing in anyenactment specified in this section affects the performance or

10 exercise of any power, function, or duty conferred by Part VIIof this Act.

"(2) Except-"(a) To the extent provided in subsections (1) and (5) of this

section and section 7A of this Act; and

15 "(b) To the extent that those enactments are expresslyamended by section 168 (1) of this Act,-

this Act must not be construed so as to affect or derogate inany way from the provisions of the Soil Conservation andRivers Control Act 1941, the Forests Act 1949, the Wildlife Act

20 1953, the Health Act 1956, the Animals Protection Act 1960,the Wild Animal Control Act 1977, the Reserves Act 1977, theNational Parks Act 1980, the Fisheries Act 1983, the

Conservation Act 1987, the Trade in Endangered Species Act1989, or the Resource Management Act 1991.

25 "(3) This Act must not be construed so as to affect orderogate in any way from the provisions of the Customs andExcise Act 1996 and, in particular, the provisions of this Act donot affect the obligations of any person under the Customs andExcise Act 1996 in relation to goods.

30 74) The provisions of this Act in so far as they relate to riskgoods must not be construed to take precedence over thepowers provided under the Misuse of Drugs Act 1975 inrelation to any controlled drug (as defined in section 2 (1) ofthat Act).

35 "(5) The provisions of the Wild Animal Control Act 1977 donot apply to the exercise of any powers under the BiosecurityAct 1993 on any land (other than land administered under the1

9


New (Unanimous)

Acts listed in the First Schedule of the Conservation Act 1987)when those powers are used in respect of-

"(a) A pest; or"(b) An unwanted organism- 5

that may be transmitted by any animal to which the WildAnimal Control Act 1977 applies.

"7A. Relationship with Resource Management Act1991-(1) Where any action taken in accordance with anyprovision in Part VI of this Act in an attempt to eradicate any 10organism would be in breach of the provisions of Part III of theResource Management Act 1991, the responsible Minister mayexempt the actions taken in relation to that organism from theprovisions of Part III of the Resource Management Act 1991for up to 20 working days if that Minister is satisfied that it is 15likely that-

"(a) The organism is not established in New Zealand, theorganism is not known to be established in NewZealand, or the organism is established in NewZealand but is restricted to certain parts of New 20Zealand; and

"(b) The organism has the potential to cause all or an;y ofsignificant economic loss, significant adverse efrectson human health, or significant environmental loss,if it becomes established in New Zealand or if it 25

becomes established throughout New Zealand; and"(c) It is in the public interest that action be taken

immediately in an attempt to eradicate theorganisnn.

"(2) Before making a decision under subsection (1), the 30responsible Minister must consult the relevant consentauthority (to the extent that is possible in the circumstances),and may consult such other persons as the responsible Ministerconsiders are representative of the persons likely to be affectedby the eradication attempt. 35

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

"(4) The public notice must specify-"(a) The organism to be eradicated; and 40


New (Unanimous)

"(b) The principal actions that may be taken in the attemptto eradicate the organism; and

"(c) The areas affected by the action.5 "(5) A failure to comply with the provisions of subsections (2) and

(3) does not affect the validity of any exemption given underthis section.

"(6) Where any action has been exempted from Part III ofthe Resource Management Act 1991 under subsection (1) and the

10 responsible Minister considers that it is necessary to continueaction beyond the duration of the exemption to attempt toeradicate the organism, that Minister may recommend thatregulations be made continuing the exemption and theGovernor-General may from time to time, by Order in Council,

15 make regulations for that purpose."(7) Regulations made under this section come into force on

the date of notification in the Gazette, or at the time specified inthe regulations, whichever is the later, and continue in forceuntil revoked or until a date not later than the day 2 years after

20 the regulations came into force when the regulations expireand are deemed to have been revoked.

"(8) Where an exemption is granted under subsection (1) or byregulations made under subsection (6), the provisions of Part III ofthe Resource Management Act 1991 do not apply to the

25 actions taken to eradicate the organism while the exemption isin force.

"(9) Where an exemption from the provisions of theResource Management Act 1991 has been granted undersubsection (1) or by regulations made under subsection (6) and that

30 exemption has ended (either by the expiry of the exemptionunder subsection (1) or by the revocation oi the regulations, as thecase may be), the provisions of the Resource Management Act1991 then apply and the responsible Minister must remedy ormitigate the adverse effects of any actions taken under Part VI

35 and to which the provisions of the Resource Management Act1991, but for the exemption under this section, wouldotherwise have applied.

"(10) For the purposes of this section 'consent authority' hasthe same meaning as in section 2 (1) of the Resource

40 Management Act 1991."1

11


PART 2

FUNCTIONS, POWERS, AND DUTIES

5. Powers of responsible Minister-The principal Act isamended by repealing section 9, and substituting the followingsection: 5

"9. (1) The responsible Minister has power to-New (Unanimous)

1

"(aa) Perform the functions in section 7A:1

"(a) Perform the functions specified in section 10 of this Actin relation to those national pest management 10strategies,-

"(i) Where the responsible Minister has prepareda proposal under section 56 of this Act; or

"(ii) Where some other person has requested theresponsible Minister to notify a proposal: 15

"(b) Recommend to the Governor-General the making ofOrders in Council under section 45 (3) of this Act:

"(c) Recommend to the Governor-General under section137 (1) of this Act the making of Orders in Councilimposing levies and performing other functions in 20relation to levies:

"(d) Recommend to the Governor-General under section 165of this Act the making of regulations.

"(2) The responsible Minister must not delegate to anyperson the exercise of any of the powers specified in subsection 25(1) (aa), (b), (c), and (d) of this section."

6. Functions of Ministers in relation to proposednational pest management strategies-The principal Act isamended by repealing section 10, and substituting thefollowing section: 30

"10. (1) Any Minister who prepares a proposal for a nationalpest management strategy under section 56 of this Act, or whohas been requested to notify a proposal for a national pestmanagement strategy, has the function of-

"(a) Publicly notifying the proposed strategy under section 3562 (1):

"(b) Deciding under section 63 whether to appoint a board ofinquiry to inquire into and report on the proposedstrategy:


(c) Where this Act requires the appointment of a board ofinquiry to inquire into and report on the proposedstrategy,-

"(i) Appointing the board under section 63 (1):"'

5 lii) Causing under section 67 (3) copies of thereport, and all recommendations (if any), on theproposed strategy, made to the Minister by theboard under section 67 (2), to be sent to everyperson who made a submission to the board, and

10 every other person or body the Minister thinksappropriate, and to be published:

"(iii) Causing public notice to be given undersection 67 (3) of where and how persons can obtaincopies of the report and recommendations:

15 "(iv) Considering under section 69 (1) (a) (i) thereport made by the board under section 67 (2) ofthis Act on the proposed strategy:

"(d) Considering whether or not to recommend to theGovernor-General under section 68, the making of

20 an Order making the strategy concerned, and ii so,doing so:

"(e) If an Order under section 68 has been made that makesthe proposed strategy,-

"(i) Laying a copy before the House of25 Representatives under section 70; and

"(ii) Appointing a management agency in respectof the strategy under section 84 (4); and

"(iii) Disallowing under section 85 (4) ((proposa6contained in the operational plan for the strategy)) the

30 operational plan or any part of that plan; and"(iv) Reviewing the strategy in accordance with

this Act; and

"(v) Under this Act, amending or revoking thestrategy:

35 "(f) Recommending under section 90 the making of Ordersin Council imposing levies payable to themanagement agency that is responsible forimplementing the strategy and performing otherfunctions in relation to levies.

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

13

14 Biosecirrity Amendment (No. 4 )

7. Other powers of Ministers-The principal Act isamended by repealing section 11, and substituting thefollowing section:

"11. (1) Any Minister has power to-

Struck Out (Unanimous) 51 1

"(a) Declare a small-scale management programme undersection 100 of this Act:

"(b) Direct the forfeiture of organisms and organic materialunder section 134 (3):

"(c) Take action under sections 144 and 147 in relation to 10biosecurity emergencies:

"(d) Take action under section 145 in relation to biosecurityemergencies:

"(e) Recommend to the Governor-General under section150 (1) the making of biosecurity emergency 15regulations, and where such regulations are made,the Minister has the duty of laying them before theHouse of Representatives under section 150 (5):

"(f) Declare a provisional control programme under section152 (1): 20

"(g) Extend under subsection (3) of section 152 a provisionalcontrol prograrnrne.

"(2) A Minister must not delegate to any person the exerciseof the powers specified in subsection (1) ((a),) (c), (e), (f), and

25

8. Powers of regional councils-The principal Act isamended by repealing section 13 (as amended by section 2 ofthe Biosecurity Amendment Act 1994), and substituting thefollowing section:

"13. (1) Every regional council has, in relation to its region, 30power 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- 35

pests, pest agents, and unwanted organisms:"(b) Provide, in accordance with relevant pest management

strategies, for the assessment, and management oreradication, of pests:

40lc) Prepare proposals for, notify, make, and implement pestmanagement strategies:


"(d) If a regional pest management strategy notified by thecouncil has been made under this Act,-

"(i) Appoint a management agency in respect ofthe strategy under section 84 (4):

5 Struck Out

1 1

the"(ii) Disallow any proposal contained inoperational plan for the strategy:

New

"(ii) Disallow the operational plan or any part of10 that plan under section 85 (4):1 1

„,·

ilii) Review, amend, or revoke a strategy inaccordance with this Act:

"(e) Declare and implement a small-scale managementprogramme under section 100:

15 "(f) Where the council has, under section 100, agreed orarranged that steps to bring an organism undercontrol should be taken by some person or personsother than the council, to meet (in part or in whole)the costs to that person or those persons of the

20 taking of those steps:"(g) Gather information, keep records, undertake research,

or do any other similar thing, if doing so is necessaryor desirable to enable it to act effectively under thisAct:

25 "(h) Take any action contemplated by or necessary for givingeffect to any provision of this Act.

"(2) Subject to sections 97 and 97A, every regional councilhas all the powers of a territorial authority under section 14;and every reference in that section to a territorial authority (or

30 territorial authorities) must be read as including a reference toa regional council (or regional councils).

9. Transfer of powers, etc., by local authorities-(1) Section 15 (1) of the principal Act is amended by omittingthe words "transfer the operation to the transferee".

15

1 1


(2) Section 15 (2) (a) of the principal Act is amended byomitting the words "proposing or approving", and substitutingthe words "notifying or making".

PART 3

IMPORTATION OF RISK GOODS 5

10. Purpose of Part III-Section 16 of the principal Act isamended DY omitting the words "or introduction".

11. Notice of intended arrival of craft in New

Zealand-Section 17 of the principal Act is amended byadding the following subsection: 10


"(3) For the purposes of this section, 'designated port ofentry' means-

"(a) A port of entry approved in accordance with section 37 (1)of this Act as a place of first arrival for a craft- 15

"(i) Of the kind or description of the craft; and"(ii) Where applicable, arriving for the purposes of

the craft; or

"(b) A port approved in accordance with section 37 (7) of thisAct tor the arrival of the craft." 20

New (Unanimous)

"(3) For the purposes of this section, 'designated port ofentry' means-

"(a) A port of entry approved under this Act as a place offirst arrival- 25

"(i) For all craft; or"(ii) For craft of the kind and description of the

craft and, where applicable, arriving for thepurposes of the craft; or

"(b) A port approved under section 37A for the arrival of the 30craft.'

1

12· Repeal of provisions relating to import healthpermits-The principal Act is amended-

(a) By repealing the heading "Import Health Permits", andsubstituting the heading "Import Health Standards": 35

(b) By repealing sections 20, 21, 23, and 24.

Biosecwity Amendment (No. 4)

13. Import health standnrds-The prmcipal Act isamended by repealing section 22, and substituting thefollowing section:

"22. (1) The Director-General may, following the recommen-5 dation of a chief technical officer, issue an import health stan-

dard specifying the (requirements to be met bdore an inspector maygive a biosecurity dearancejor risk goods) requirements to be metfor the effective management of risks associated with theimportation of risk goods before those goods may be imported,

10 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.

New (Unanimous)

1 1

"(lA) If an import health standard requires a permit to be15 obtained from the Director-General before the goods can be

imported, moved from a biosecurity control area or atransitional facility, or given a biosecurity clearance, theDirector-General may, if he or she thinks fit, issue the permit.1

"(2) Nothing in this Act obliges the Director-General to have20 an import health standard in force for goods of any kind or

description if, in the Director-General's opinion, therequirements that could be imposed on the importation ofthose goods would not be sufficient to enable the purpose ofthis Part of this Act to be met if the importation of those goods

25 were permitted."(3) An import health standard issued under this section may

apply to goods of a certain kind or description importedfrom-

"(a) A country or countries specified in the import health30 standard; or

"(b) Countries of a kind or description specified in the importhealth standard; or

"(c) All countries; or

"(d) A location or locations specified in the import health35 standard.

"(4) When makmg 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

40 specified in the import health standard may bringorganisms into New Zealand:

17


"(b) The nature and possible effect on people, the NewZealand environment, and the New Zealand

economy of any organisms that goods of the kind ordescription specified in the import health standardmay bring into New Zealand: 5

"(c) New Zealand's international obligations:"(d) Such other matters as the chief technical officer

considers relevant to the purpose of this Part of thisAct.

New (Unanimous) 101 1

"(4A) Before making a recommendation to the Director-General on the issue or amendment of an import healthstandard, the chief technical officer must, unless the standardneeds to be issued or amended urgently, or unless the chieftechnical officer considers that the amendment is minor, 15

consult with those persons considered by the chief technicalofficer to be representative of the classes of persons having aninterest in the standard.

"(48) The consultation may be on the import health standardor on a document that analyses or assesses the risks associated 20with the goods or class of goods to which the goods belong.1 1

"(5) 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 therecommendation to the chief executive of every department of 25State whose responsibilities for natural resources or humanhealth may be adversely affected by the issue, amendment, orrevocation of the relevant standard.

"(6) The Director-General must maintain a register of theimport health standards (as amended from time to time) issued 30under this section.

"(7) The register is available for public information andinspection at the office of the Director-General during normaloffice hours."

14. Goods to be cleared for entry into New Zealand- 35The principal Act is amended by repealing section 25, andsubstituting the following section:

"25. (1) No person must cause or permit any unclearedgoods imported on any craft to leave that craft, except toproceed to a transitional facility or a biosecurity control area. 40


"(2) No person must cause or permit any uncleared goodsthat are in a transitional facility or biosecurity control area toleave that facility or area, except-

"(a) To proceed, in accordance with the authority of an5 inspector, to another transitional facilith.

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

10 inspector in accordance with this section, may be given subjectto conditions."

15. Inspector to be satisfied of certain matters-Section27 of the principal Act is amended by repealing paragraph (a),and substituting the following paragraph:

15 "(a) That the goods comply with the requirements specifiedin an import health standard in force for the goods(or goods of the kind or description to which thegoods belong); and".

16. Restricted organisms to be contained-The principal20 Act is amended by repealing section 29, and substituting the

following section:"29. (1) No person may cause or permit any restricted

organism that is in a transitional facility, a biosecurity controlarea, or a containment facility to leave that facility or area,

25 except-

"(a) To proceed, in accordance with the authority of anInspector, to a transitional facility, a biosecuritycontrol area, or a containment facility; or

"(b) In accordance with the authority of an inspector, to be30 exported from New Zealand.

"(2) Authority to move a restricted organism given by aninspector in accordance with this section, may be given subjectto conditions."

17. Processing unaccompanied goods-The principal35 Act is amended by inserting, after section 30, the rollowing

section:

"SOA. (1) Where any imported goods other than goodsinspected, examined, or surrendered in accordance withsection 30 or section 35, are in a transitional facility, an inspector

40 may, for the purpose of determining whether the goods are, orcontain, risk goods,-

19

20 Biosecurity Amendment <No. 4)

(a) Open any bag, box, parcel, container, or other thingcontaining the goods:

"(b) Inspect the goods."(2) Where any goods in a transitional facility are, or contain,

risk goods, section 116 applies to those goods as if the goods were 5unauthorised goods seized in accordance with that section.

"(3) For the purposes of this section an inspector may, at anyreasonable time or times, enter any transitional facility and theprovisions of section 112 apply."

18. Movement of risk goods-Section 36 of the principal 10Act is amended by omitting the word "controlled", andsubstituting the words "biosecurity control".


1 1

19. Approval of ports as ports of first entry-Theprincipal Act is hereby amended by repealing section 37 and 15substituting the following section:

"37. (1) Subject to subsection (10) of this section, the Director-General may, by written notice to the operator of a port,approve a port as a place of first arrival for craft of a specifiedkind or description if satisfied that there are available, and 20capable of operating to approved standards, all arrangements,facilities (other than office and parking facilities), and systemsthat the Director-General for the time being reasonablyrequires, in relation to that port, for the purposes of this Part ofthis Act. 25

"(2) An approval given under subsection (1) of this section maylimit the arrival of craft of the specified kind or description toarrivals for the purposes specified in the approval.

"(3) All arrangements, facilities (other than office or parkingfacilities), and systems, required in accordance with subsection (1) 30of this section shall be available for use by the Crown at noexpense to the Crown.

"(4) The Director-General shall-

"(a) Within 28 days after approving a port in accordancewith subsection (1) of this section, publish in the Gazette 35a notice specifying the name of the port, the day onwhich it was so approved, the kind or description ofcraft for which the port was approved, anylimitation on arrivals to specified purposes, and a



place where the notice of approval may beinspected; and

"(b) At all reasonable times make the written notice available5 for inspection at the place specified in the Gazette

notice.

"(5) The Director-General may be satisfied of the mattersreferred to in subsection (1) of this section whether or not all of

the arrangements, facilities, and systems are under the control10 of the operator of the port concerned.

"(6) Nothing in this section authorises the operator of a portto require any user of a port-

"(a) To use or patronise facilities under the operator'scontrol; or

15 "(b) To contribute, directly or indirectly, towards theexpense of operating facilities under the operator'scontrol that the user has not used or patronised.

"(7) Where-

"(a) A person has requested approval for a craft to arrive in20 New Zealand at a port that is not approved under

subsections (1) or (2) ot this section as a place of firstarrival-

"(i) For any craft; or

"(ii) For a craft of the kind or description of the25 craft; or

K,

liii) For a craft arriving for the purpose of thecraft; and

"(b) The Director-General is satisfied that the purpose of thisPart of this Act can be achieved by imposing

30 conditions on the arrival of the craft at that port-the Director-General may, after consulting in accordance withsubsection (10) of this section, approve the arrival of that craft atthat port, subject to such conditions as the Director-Generalconsiders necessary to achieve the purpose of this Part of this

35 Act.

"(8) Subject to subsection (10) of this section, where the Director-General is no longer satisfied that the provisions of subsection (1)of this section are being met for a port, the DirectorGeneralmay-

21

22 Biosecutty Amendment (No. 4)


(a) By written notice to its operator, suspend the port'sapproval under subsection (1) of this section for aspecified period or until a specified action is taken;or 5

"(b) By written notice in the Gazette, revoke the port'sapproval under subsection (1) of this section; or

"(c) By written notice in the Gazette and written notice to theport's operator, vary the port's approval undersubsection (11 of this section by varying the kind or 10description of craft for which the port is approved asa place of first arrival, or by varying the purposes ofarrival for which the port is approved as a place offirst arrival.

"(9) No operator of a port shall wilfully or recklessly 15represent that the port is an approved place of first arrival, oran approved place of first arrival for any kind or description ofcraft or any purpose of arrival, where-

"(a) That port is not approved as a place of first arrival forthat kind or description of craft or that purpose of 20arrival; or

"(b) That port is not approved as a place of first arrival forany craft or any purpose oi arrival; or

"(c) The approval of that port is for the time beingsuspended under this section. 25

"(10) The Director-General shall not take any action undersubsection (1) or subsection (8) of this section without consulting thechief executives of-

"(a) The Customs Department; and"(b) The Ministry of Forestry; and 30"(c) The Ministry of Health; and"(d) The New Zealand Police; and

"(e) The Ministry of Transport; and"(f) Every other department of State whose operations may,

in the Director-General's opinion, be affected by the 35action.

"(11) In exercising a power under subsection (8) of this section,the Director-General shall observe the rules of natural justice."

1

Biosecirrity Amendment (No. 4)

New (Unanimous)

19. New sections inserted-The principal Act is amendedby repealing section 37, and substituting the following sections:

"37. Approval of ports as places of first arrival-(1) The5 Director-General may, by written notice to the operator of a

port, approve a port as a place of first arrival for all craft orcraft ot specified kinds or descriptions if satisfied that there areavailable, and capable of operating to approved standards, allarrangements, facilities (other than office and parking

10 facilities), and systems that the Director-General for the timebeing reasonably requires, in relation to that port, for thepurposes of this Part of this Act.

"(2) An approval given under subsection (1) may limit thearrival of craft to arrivals for the purposes specified in the

15 approval."(3) The Director-General must, when considering the

arrangements, facilities, and systems available at a port inaccordance with subsection (1), have regard to-

"(a) The alternative arrangements, facilities, and systems20 that are or could be made available; and

"(b) The cost to the port operator of each alternativearrangement, facility, and system; and

"(c) The extent to which each alternative arrangement,facility, and system would assist the Director-

25 General in managing the risks associated with theimportation of risk goods.

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

30 "(5) The Director-General must,-

"(a) Within 28 days after approving a port in accordancewith subsection (1), publish in the Gazette a noticespecifying the name of the port, the day on which itwas so approved, any limitation on the kind or

35 description of craft for which the port wasapproved, any limitation on arrivals to specifiedpurposes, and a place where the notice of approvalmay be inspected; and

"(b) At all reasonable times make the written notice available40 for inspection at the place specified in the Gazette

notice.

1

23


New (Unanimous)1

"(6) The Director-General must be satisfied of the mattersreferred to in subsection (1), whether or not all of the

arrangements, facilities, and systems are under the control ofthe operator of the port concerned. 5

"( 7) Before taking any action under this section, the Director-General must consult in accordance with section 370.

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

"(9) Where a decision under this section is made by a person 10acting under the delegated authority of the Director-General,the port operator is entitled to have the decision reviewed bythe Director-General.

"37A. Approval of arrival o f craft at port not approvedas place of first arrival-(1) The Director-General may 15approve the arrival of a craft at a port that is not approvedunder section 37 as a place of first arrival for any craft, tor craftof the kind or description of that craft, or for craft arriving forthe purpose of that craft, if-

"(a) A person has requested approval for that craft to arrive 20in New Zealand at that port; and

"(b) The Director-General is satisfied that the risks associatedwith the importation of risk goods can be managedby imposing conditions on the arrival of the craft atthat port. 25

"(2) The approval of the Director-General may be givensubject to those conditions that the Director-General considerswill manage the risks associated with the importation of riskgoods.

"(3) Before taking action under this section, the Director- 30General must consult in accordance with section 370.

"378. Suspension of approval-(1) If the Director-Generalis no longer satisfied that the provisions of section 37 (1) are beingmet for a port, the Director-General may-

(a) By written notice to its operator, suspend the port's 35approval under section 37 (1) for a specified period oruntil a specified action is taken; or

"(b) By written notice in the Gazette, revoke the port'sapproval under section 37 (1); or


New (Unanimous)1

"(c) By written notice in the Gazette and written notice to theport's operator, vary the port's approval undersection 37 (1) by varying the kind or description of craft

5 for which the port is approved as a place of firstarrival, or by varying the purposes of arrival forwhich the port is approved as a place of first arrival.

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

10 "(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 personacting under the delegated authority of the Director-General,the port operator is entitled to have the decision reviewed by

15 the Director-General.

"37c. Port operators-(1) Nothing in section 37 authorises aport operator to require any user of a port-

"(a) To use or patronise facilities under the operator'scontrol; or

20 "(b) To contribute, directly or indirectly, towards theexpense of operating facilities under the operator'scontrol that the user has not used or patronised.

"(2) No operator of a port may wilfully or recklesslyrepresent that the port is an approved place of first arrival for

25 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 hasbeen given or an approval has been suspended or revoked.

"379. Director-General to consult chief executives-

30 The Director-General must not take any action under sections 37,37A, or 378 without consulting the chief executives of-

"(a) The New Zealand Customs Service; and

"(b) The Ministry of Health; and"(c) The New Zealand Police; and

35 "(d) The Ministry of Transport; and"(e) Every other department of State whose operations may,

in the Director-General's opinion, be affected by theaction."

25


20. Approval of transitional facilities and containmentfacilities-The principal Act is amended by repealingsection 39, and substituting the following section:

"39. (1) The Director-General may, after consulting with thepersons that the Director-General considers to be 5

representative of the classes of persons likely to have aninterest in the proposed standard, approve standards forbuilding, maintaining, or operating transitional facilities or forbuilding, maintaining, or operating containment facilities.

"(2) Any person may apply in an approved form to the 10Director-General for the approval of any place as a transitionalfacility or a containment facility.

"(3) The Director-General must consider every applicationmade under subsection (2) and-

"(a) If the application complies with the requirements of this 15Act; and

"(b) If the place meets the relevant standards approvedunder subsection (1),-

the Director-General may approve the place as a transitionalfacility for the purpose specified in the approval or as a 20containment facility, as the case may be.

"(4) A transitional facility approval given in accordance withthis section must, where the approval specifies, expire at a timespecified in the approval or upon the occurrence of an eventspecified in the approval. 25

"(5) A transitional facility approval given in accordance withthis section may specify the uncleared goods that may be heldin the facility.

"(6) A containment facility approval given in accordancewith this section may specify the organisms that may be held in 30the facility.

"(7) The Director-General may, by written notice to theoperator of a transitional facility, or a containment facility,cancel an approval for a transitional facility, or a containmentfacility, or a part of an approval relating to one or more uses of 35a transitional facility, where-

"(a) The facility no longer complies with the relevantstandards; or

"(b) The Director-General is satisfied that the facility is nolonger used for the purpose or one or more of the 40purposes specified in the approval.

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


New (Unanimous)1

"(9) The Director-General may, if he or she thinks fit andwithout an application from any person, declare specified partsof ports approved as places of first arrival to be transitional

5 facilities."

1

21. Approval of facility operators-The principal Act isamended by repealing section 40, and substituting thefollowing section:

"40. (1) Any person may apply, in an approved form, to the10 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

15 made under subsection (1) and, if satisfied-

"(a) That the applicant is a fit and proper person to be theoperator of the transitional facility or containmentfacility specified in the application; and

"(b) The applicant is able to comply with the operating20 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 transitionalfacility or a specified containment facility where-

25 "(a) The person is no longer operating the facility incompliance with the operating standards for thefacility; or

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

30 New (Unanimous)1

(c) The person is no longer a fit and proper person tooperate the facility.

1

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

35 "(6) No person must operate or purport to operate atransitional facility or a containment facility unless the personis approved as an operator of that facility."

27


PART 4

SURVEILLANCE AND PREVENTION

22. Duty to provide information-(1) Section 43 (1) (a) ofthe principal Act is amended by omitting the words "Toprovide any information concerning pests, pest agents, or 5unwanted organisms held by the person", and substituting thewords "To provide any information held by the personconcerning pests, pest agents, or unwanted organisms".


(2) Section 43 of the principal Act is hereby amended by 10adding the following subsection:

"(3) Nothing in this section shall limit or affect the privilegeagainst self-incrimination."

New (Unanimous)1

22A. Repeal of section 44-The principal Act is amended 15by repealing section 44.

23. Repeal of provisions relating to imported riskgoods-Section 47 of the principal Act is repealed.

24. Power to require information-Section 48 of theprincipal Act is amended by repealing subsection (1), and 20substituting the following subsections:

"(1) A chief technical officer may, by notice in writing,require the person in charge of premises used for investigatingorganisms or organic material, or any person employed in aprofessional or technical capacity in any area of biological 25science, to-

"(a) Supply the chief technical officer with information heldby that person on the incidence, prevalence, ordistribution of specified organisms; or

"(b) Permit the chief technical officer, or a person authorised 30in writing by that officer, to have access to, inspect,and test or sample specimens of any organism ortissues or parts of an organism or organic materialheld by that person or on those premises.


New (Unanimous)1

"(lA) A chief technical officer may, by notice in writing,require any person who has expertise or knowledge in an areaof biological science to supply the chief technical officer with

5 information held by that person on the incidence, prevalence,or distribution of specified organisms."

24A. Identification systems-(1) Section 50 of the principalAct is amended by repealing subsection (1), and substituting thefollowing subsection:

10 "(1) The Director-General may, from time to time, approvesystems adrninistered by specified persons for the purpose ofenabling the identification of organisms and their products andassociated premises."

(2) Section 50 of the principal Act is amended by repealing15 subsection (4), and substituting the following subsections:

"(4) Regulations made under this Act may require persons ofany kind or description to use 1 of any 1 or more identificationsystems approved under this section and notified in the Gazettein accordance with subsection (5).

20 "(5) The Director-General may, by notice in the Gazette,specify the identification systems that may be used to complywith regulations made under this Act; and must keep, andmake publicly avA i12 ble, a register of all Gazette notices madeunder this section."

25 (3) Section 51 (3) is consequentially amended by omitting thewords "an approved identification system", and substitutingthe words "1 of any 1 or more identification systems notified inthe Gazette".

1

25. Communication of pest or unwanted organism-30 (1) Section 52 of the principal Act is amended by omitting the

word "notifiable", and substituting the word "unwanted".New (Unanimous)

1 1

(2) Section 52 of the principal Act is amended by adding thefollowing paragraph:

35 "(d) As permitted either enerally or specifically by a chieftechnical officer.'

1

29


26. Duties of owners of organisms-(1) Section 53 of theprincipal Act is amended by repealing subsection (1), andsubstituting the following subsection:

"(1) Subject to subsection (2), the owner or person in charge ofan organism which that person knows or suspects constitutes, 5contains, or harbours a pest or unwanted organism must not-

"(a) Cause or permit that organism to be in a place whereorganisms 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 10

organism or otherwise act in such a manner as islikely to encourage or cause the propagation,breeding, or multiplication of the pest or unwantedorganism."


(2) Section 53 of the principal Act is amended by omittingsubsection (2), and substituting the following subsections:

"(2) A chief technical officer may permit an owner or personin charge of an organism to carry out an act otherwiseprohibited by this section. 20

"(3) Permission given under this section must be given eitherby notice in the Gazette or in writing to the owner or person incharge of an organism."

1

PART 5

PEST MANAGEMENT 25

27. Purpose of Part V-The principal Act is amended byrepealing section 54, and substituting the following section:

"54. The purpose of this Part of this Act is to provide for theeffective management or eradication of pests and unwantedorganisms." 30

28. Powers for purpose of pest management strategyand small-scale management programme-The principalAct is amended by repealing section 55, and substituting thefollowing section:

"55. (1) The management or eradication of pests must be in 35accordance with pest management strategies made inaccordance with this Part.

"(2) Every pest management strategy or notice declaring asmall-scale management programme must specify which of thepowers in Part VI may be exercised in the implementation of 40

40


that strategy or programme and only those powers may beused to implement the strategy or programme.

"(3) Where any provision in Part VI confers a power on amanagement agency, that power may be exercised by a

5 management agency only if it is acting in the implementationof a pest management strategy for which it is the managementagency, and that strategy specifies the power as one which maybe exercised to implement the strategy.

"(4) An authorised person may exercise a power conferred10 on an authorised person by Part VI to implement a pest

manaBement strategy or small-scale management programmeonly ii the strategy or notice declaring the programme specifiesthe power as one which may be exercised to implement thestrategy or programme and that authorised person was

15 appointed for the purposes of that strategy or programme.

29. Preparation of national pest managementstrategy-The principal Act is amended by repealingsection 56, and substituting the following section:

"56. A Minister or any person may prepare a proposal for a20 national pest management strategy.

30. Notification of proposal by Minister-

(1) Section 57 (1) of the principal Act is amended-(a) By ornitting the words "A Minister shall propose , and

substituting the words "A Minister must notify, in25 accordance with section 62, a proposal for":

(b) By omitting from paragraph (a) the words "the organismconcerned", and substituting the words "eachorganism to which the strategy would apply":

(c) By inserting, after paragraph (b), the following30 paragraphs:

"(ba) Where funding proposals for the strategyrequire persons to meet directly the costs of

implementing the strategy,-'(1) The benefits that will accrue to those

35 persons as a group will outweigh the costs;or

"(ii) Those persons contribute to thecreation, continuance, or exacerbation of

the problems proposed to be resolved bythe strategy; and":

31

1



"(bb) The strategy is consistent with-"(i) Existing pest management strategies;

and

"(ii) Proposed pest management 5strategies already notified under section 62 ofthis Act; and":

(d) By omitting from paragraph (c) the word "the" the firsttime it appears, and substituting the word "each".


(e) By omitting, from paragraph (c) (ii), the words "rare orendangered", and substituting the word

"threatened".

(2) Section 57 (2) of the principal Act is amended-(a) By omitting the words "a Minister shall propose", and 15

substituting the words a Minister must notify, inaccordance with section 62, a proposal for":

(b) By omitting the words "the organism" the first time thewords appear, and substituting the words "eachorganism". 20

Struck Out

(3) Section 59 of the principalamended by repealing paragraph (c).

Act is consequentially

81. Request to notify national proposal-The principalAct is amended by repealing section 58, and substituting the 25following section:

"58. (1) Any person may, by notice in writing to a Ministerwhose responsibilities might be adversely affected by anorganism, request that Minister to notify in accordance withsection 62 a proposal for a national pest management strategy in 30relation to that organism.

"(2) Where a Minister is requested to notify a proposal inaccordance with this section, the Minister must do so unless

section 59 applies, and if,-

1

25

Biosecurity Amendment (No. 4) 33

"(a) In the Minister's opinion, the proposal complies withsection 57; and

"(b) In the Minister's opinion, the person making the requesthas consulted with persons likely to be affected by

5 the strategy, or representatives of persons likely tobe affected by the strategy.


"(3) Where a proposal is notified after a request made inaccordance with this section, the person who has given notice

10 in writing shall pay the costs oi processing the proposal inaccordance with sections 62 to 69 of this Act, and the stratey shallbe processed only to the extent that the costs are met by thatperson.

New (Unanimous)

15 "(3) Where a proposal is notified after a request made inaccordance with this section, the Minister may, if he or shethinks flt, require the person who has given notice in writing topay all or part of the costs of processing the proposal inaccordance with sections 62 to 69, and the strategy rnay be

20 processed only to the extent that the person meets his or hershare of the costs."

New

1 1

31A. Minister may refuse to notify suggested strategy incertain circumstances-Section 59 of the principal Act isamended by repealing paragraph (c).1 1

32. Preparation and contents of proposal for nationalpest management strategy-(1) The principal Act isamended by repealing section 60, and substituting thefollowing section:

30 "60. A proposal for a national pest management strategymust specify the following matters:

"(a) The proposer of the strategy:


"(b) The organism or organisms to which the strategy is toapply and any other organisms intended to becontrolled:

"(c) In relation to each organism to which the strategy wouldapply, or each class or description of organism to 5which the strategy would apply, the reasons for thestrategy including a description of the adverseeffects of the organism, or the class or description oforganism:

"(d) The management agency that is to be responsible for 10implementing the strategy:

"(e) The proposed period for which the strategy will remainin force:

"(f) In relation to each organism to which the strategy wouldapply, or each class or description of organism to 15which the strategy would apply, the objectives of thestrategy and the principal measures proposed to betaken to achieve those objectives:

"(g) Any alternative measures that it would be reasonable totake to achieve the objectives of the strategy, and 20the reasons for preferring the Ineasures specified inaccordance with paragraph (f) as the measuresproposed to be taken:

"(h) The intended scope and purpose of each proposedstrategy rule, and the rules for which it is proposed 25that a breach of the rule will be an offence under

this Act:

"(i) Whether any land will include portions of adjoining roadfor the purposes of the strategy in accordance withsection 6, and if so, the portions of road that are 30proposed to be included:

"(j) The actual or potential effects, beneficial or detrimental,that the implementation of the strategy might (inthe proposer's opinion) have on the relationship ofMaori and their culture and traditions with their 35

ancestral lands, waters, sites, waahi tapu, andtaonga:

"(k) The actual or potential effects, beneficial or detrimental,that the implementation of the strategy might (inthe proposer's opinion) have on- 40

"(i) The environment; and

"(ii) The marketing overseas of New Zealandproducts:


Struck Out (Unanimous,)

"(iii) New Zealand's international obligations,assurances, and reputation:1 1

"(1) An analysis of the benefits and costs of the strategy in5 relation to each organism to which the strategy

would apply, or each class or description oforganism to which the strategy would apply, andthe reasons why a national strategy is moreappropriate than a regional strategy or regional

10 strategies:"(m) The anticipated costs of implementing the strategy,

how those costs are to be funded, and the fundinginformation required to be included by section 61:

"(n) The basis, if any, on which compensation is to be paid15 by the management agency in respect of losses

incurred as a direct result of the implementation ofthe strategy, and information concerning thedisposal of the proceeds of any receipts arising inthe course of implementing the strategy:

20 "(0) The powers to be used in accordance with section 55 toimplement the strategy:

"(p) Where the proposed strategy would affect another pestmanagement strategy, the proposed means of co-ordination:

25 "(q) The proposed means for measuring the extent to whichthe objectives of the strategy are being achieved:

"(r) The actions (including the making of contributionstowards the costs of implementation) that it isproposed may be taken in relation to the strategy by

30 local authorities, local authorities of a specified kindor description, or specified local authorities."

(2) The principal Act is consequentially amended-(a) By repealing the First Schedule:(b) By repealing section 45 (1):

35 (c) By omitting, from section 46 (1), the words "subsection (1)or .

33. Funding information required in proposal-Theprincipal Act is amended by repealing section 61, andsubstituting the following section:

35


"61. A proposal for a national pest management strategymust specify, in relation to each organism to which the strategywould apply, or in relation to each class or descrjption oforganism to which the strategy would apply, the iollowinginatters: 5

"(a) The extent to which any persons, or persons of any class,kind, or description are likely to benefit from thestrategy:

"(b) The extent (if any) to which any persons, or persons ofany class, kind, or description by their activities or 10inaction contribute to the creation, contmuance, or

exacerbation of the problems proposed to beresolved by the pest management strategy:

"(c) The rationale for the proposed allocation of costs,including, where it is proposed that the strategy 15should be funded by a levy in accordance withsections 90 to 96,-

"(i) The matters required to be specified inaccordance with section 93 (1); and

20lii) How the proposed levy will comply with((paragraphs (d), Ce). (f), and (g) of section 92)) section 92 (1) Cd), Ce),(f), and (q):

"(d) Whether any unusual administrative problems or costsare expected in recovering the costs allocated to any

25of the persons who are to be required to pay.

34. Notification of proposed national pest manage-ment strategy-


(1) Section 62 (1) of the principal Act is herebyamended by omitting the words "Minister ot Afculture" onboth occasions where the words appear, and substituting thewords "responsible Minister".

New (Unanimous)

(1) Section 62 (1) of the principal Act isarnended-- 35

(a) By omitting the words "Minister of Agriculture" in bothplaces where the words appear, and substituting thewords "responsible Minister":

30


New (Unanimous)

(b) By inserting, after paragraph (a), the following paragraph:"(aa) Publishing a notice in 1 or more daily

newspapers circulating in the major5 metropolitan areas; and".1 1

(2) Section 62 of the plincipal Act is amended by repealingsubsection (2), and substituting the following subsections:

"(2) Every notice under this section must include-"(a) A description of the proposed strategy:

10 "(b) A statement that submissions on the proposed strategymay be made in writing to the Minister, by anyperson:

"(c) A closing date for submissions (which must not be earlierthan 20 working days after notification under this

15 section):


"(d) A statement that every submission should state whetherthe person makin the submission wishes to beheard in respect ot that submission if an inquiry is

20 held:

New (Unanimous)

1

"(d) A statement that every submission should state-li) Those aspects Of the proposed strategy that

the submission supports; and25 "(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 proposed30 strategy that the person making the submission

wishes to recommend; and

"(v) Whether the person maldng the submissionwishes to be heard in respect of that submission ifan inquiry is held.1 1

35 "(e) A list of the places where a copy of the proposal for thestrategy may be obtained or inspected:

37


"(f) An address for submissions."(3) Any person may make a submission to the Minister

about a proposed national pest management strategy notifiedin accordance with this section, and every submission must

contain the matters specified in subsection (2) (d)." 5(3) Sections 64 and 65 of the principal Act are

consequentially repealed.

35. Board of inquiry-(1) Section 63 of the principal Act isamended by repealing subsection (1), and substituting thefollowing subsection: 10

"(1) The Minister must appoint a board of inquiry to inquireinto and report on every proposal for a pest managementstrategy notified in accordance with section 62, unless, afterhaving regard to the submissions made to the Minister, theMinister is satisfied that there is no significant body of persons 15who-

"(a) Would be affected by the implementation of theproposed strategy; and

"(b) Are opposed to a significant element of the proposed" 20strategy.

(2) Section 63 of the principal Act is amended by insertingthe following subsection:

"(2A) Where the Minister appoints a board of inquiry inaccordance with subsection (1), the Minister must forward allsubmissions received under section 62 to that board." 25

36. Summary of submissions, notification, and conductof hearing-Section 66 of the principal Act is amended-

(a) By omitting the words "proposing Minister", andsubstituting the words "proposer of the strategy":

(b) By omitting the expression "65", and substituting the 30expression "62".

37. Making of national pest management strategy-Theprincipal Act is amended by repealing section 68, andsubstituting the following section:

"68. (1) Subject to section 69, the Governor-General may, by 35Order in Council made on the recommendation of a Minister,

make a national pest management strategy."(2) The Order in Council made under this section must

include all the matters required in a national pest managementstrategy by section 69A. 40

5


Struck Out (Unanimoug

"(3) An Order made under this section shall be deemed to bea regulation for the purposes of the Regulations (Disallowance)Act 1989."

New (Unanimous)

1

"(3) The strategy rules in an order made under this sectionare deemed to be regulations for the purposes of theRegulations (Disallowance) Act 1989."1

38. Duties of Ministers in relation to proposed national10 pest management strategies-Section 69 of the principal Act

is amended-

(a) By inserting the following subsection:"(lA) Where the proposed strategy has not been considered

by a board of inquiry the Minister must not recommend the15 making of a strategy if that strategy (indudes provisions which

di#er signifu:antlyfrom the relevant prouisions in the proposal) differssignificantly in its effect from the relevant provisions in theproposal notified in accordance with section 62.":

(b) By omittin the word "approving" wherever it appears,20 and substituting the word "making":

(c) By repealing subsection (2) (c).

39. New sections inserted-The principal Act is amendedby inserting, after section 69, the following sections:

"69A. Contents of national pest management strategy-25 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

30 implementing the strategy:"(d) The period for which the strategy will remain in force:le) The powers to be used in accordance with section 55 to

implement the strategy:"(f) The strategy rules, if any, made in accordance with this

35 Act:

39


"(g) The portions of road, if any, that are included asadjoining land, in accordance with section 6, for thepurposes of the strategy:

"(h) The basis, if any, on which compensation is to be paidby the management agency in respect of losses 5incurred as a direct result of the strategy:

"(i) The sources of funding for the implementation of thestrategy, and the limitations, if any, on how thefunds collected from those sources may be used toimplement the strategy: 10

"(j) The actions (including the making of contributionstowards the costs of implementation) that may betaken in relation to the strategy by local authorities,local authorities of a specified kind or description, orspecified local authorities. 15

"698. Stratesy rules-(1) A national pest managementstrategy made Dy Order in Council under section 68, may includerules made for all or any of the following purposes:

66

(a) Requiring any person to take specified actions which willenable the management agency to determine or 20monitor the presence or distribution of the pest orany pest agent:

"(b) Requiring any person to keep records of actions taken inaccordance with rules made under this section and

to send specified information based on those records 25to 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 30

measures taken to implement the strategy:"(f) Requiring audits or inspections of specified actions:"(g) Specifying, for the purposes of section 52 (a), the

circumstances in which the pest may becommunicated, released, or otherwise spread: 35

"(h) Requiring the occupier of any place to take specifiedactions to control or eradicate the pest or a specifiedpest agent on that place:

"(i) Requiring the occupier of any place to take specifiedactions to control or eradicate the habitat of the pest 40or the habitat of a specihed pest agent on that place:

"(j) Prohibiting or regulating specified activities by theoccupier of a place where those activities willpromote the habitat of the pest on that place:

BiosecuTity Amendment (No. 4)

"(k) Requiring the occupier of a place to carry out specifiedactivities to promote the presence of organisms thatassist in the control of the pest on that place:

"(1) Prohibiting or regulating specified activities by the5 occupier of a place, which deter the presence on

that place of organisms that assist in the control ofthe pest:

"(m) Requirin the occupier of any place to carry outspecined treatments or procedures to assist m

10 preventing the spread of the pest:"(n) Requiring the owners or persons in charge of goods to

carry out specified treatments or procedures toassist in preventing the spread of the pest:

"(o) Requiring the destruction of goods in circumstances15 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

20 organic material:"(r) Prohibiting or regulating the use of specified practices in

the management of oranisms that may promotethe spread or survival or the pest:

New (Unanimous)

25 "(s) Prohibiting or regulating the movement of goods thatmay contain or harbour the pest or otherwise pose arisk of spreading the pest.1 1

"(2) A Minister must not recommend the making of anOrder in Council under section 68 unless the Minister has had

30 regard to--"(a) The extent to which each rule included in the strategy is

likely to assist in achieving the objectives of thestrategy; and

"(b) The extent to which each rule included in the strategy is35 likely to restrict the rights of individuals.

"(3) A rule may specify that a breach of the rule creates anoffence under section 154 (q).

"(4) A rule may provide that no exemptions from anyrequirement of the rule may be granted under section 69D.

40 "(5) A rule may-"(a) Apply generally throughout New Zealand or within a

specified part or parts of New Zealand:

41

1 1


"(b) Apply generally or with respect to different classes ofpersons, 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 5made for other specified parts of New Zealand.

"(7) So far as the bylaws of any local authority areinconsistent with or repugnant to any rule made under this Actin force in the same locality, the bylaws must be construedsubject to the rules. 10

"69c. Incorporation by reference-(1) Any writtenmaterial or document that, in the opinion of the Minister, is toolarge or otherwise impractical to be printed as part of a ruleincluded in a pest management strategy may be incorporatedby reference. 15

"(2) Any material incorporated by reference under thissection is deemed for all purposes to form part of the rule, butany amendment to the material b)' the person or organisationoriginating it does not come into iorce as a rule until a rule tothat effect has been made under this Act. 20

"(3) All material incorporated by reference under this sectionis available at the office of the management agency for thatstrategy and copies of that material is avs,ilAble for purchase fora reasonable charge.

"69D. Exemption power of Minister-(1) The Minister 25may, upon such conditions as he or she considers appropriate,exempt any person from any requirement in any rule includedin a national pest management strategy made under this Act.

"(2) Before granting an exemption under this section, theMinister must be satisfied in the circumstances of each case 30

that--

"(a) The requirement has been substantially complied withand that further compliance is unnecessary; or

"(b) The action taken or provision made in respect of thematter to which the requirement relates is as 35effective or more effective than actual compliancewith the requirement; or

"'

lc) The prescribed requirements are clearly unreasonable orinappropriate in the particular case; or

"(d) Events have occurred that make the prescribed 40requirements unnecessary or inappropriate in theparticular case,-

and that the granting of the exemption will not significantlyprejudice the attainment of the objectives of the strategy.


"(3) The Minister may, upon such conditions as he or shethinks fit, exempt all persons, or any specified class of persons,persons in any specified place, or persons responsible forspecified goods or things Irom any requirement in any rule

5 included in a national pest management strategy made underthis Act, if the Minister is satisfied that events have occurredthat make the prescribed requirements unnecessary orinappropriate.

' (4) The number and nature of exemptions granted under10 this section must be notified as soon as practicable in the

Gazette.

"(5) Nothing in this section applies in any case where anyrule specifically provides that no exemptions are to begranted."

15 40. Preparation of regional pest managementstrategy-The principal Act is amended by repealingsection 71, and substituting the following section:

"71. A regional council or any other person may prepare aproposal for a regional pest management strategy.

20 41.Notification of proposal by regional council-(1) Section 72 (1) of the principal Act is amended-

(a) By omitting the words "A regional council shall propose",and substituting the words "A regional council mustnotify, in accordance with section 78 of this Act, a

25 proposal for":(b) By omitting from paragraph (a) the words "the organism

concerned", and substituting the words "eachorganism to which the strategy would apply":

(c) By inserting after paragraph (b), the following paragraph:30 "(ba) Where funding proposals for the strategy

require persons to meet directly the costs ofimplementing the strategy-

li) The benefits that will accrue to thosepersons as a group will outweigh the costs;

35 or- thelii) Those persons contribute to

creation, continuance, or exacerbation ofthe problems proposed to be resolved bythe strategy; and":

43

44 Biosecurity Amendment (No. 4 )


"(bb) The strategy is consistent with-(i) Existing pest management strategies;

and

"(ii) Proposed pest management 5strategies already notified under section 78of this Act; and":

(d) By omitting from paragraph (c) the word "the" the firsttime it appears, and substituting the word "each".

New (Unanimous) 10

(e) By omitting, from paragraph (c) (ii), the words "rare orendangered", and substituting the word

"threatened".

(2) Section 72 of the principal Act is amended by repealingsubsections (2) and (3). 15

42· Request to notify regional proposal-The principalAct is amended by repealing section 74, and substituting thefollowing section:

"74. (1) Any person may, by notice in writing to a regionalcouncil, request that council to notify a proposal for a regional 20pest management strategy under section 78.

"(2) Where a regional council is requested to notify aproposal in accordance with this section, the council must do sounless section 75 applies, and if,-

"(a) In the opinion of the council, the proposal complies with 25the provisions of section 72; and

"(b) In the council's opinion, the person making the requesthas consulted with persons likely to be affected bythe strategy, or representatives of persons likely tobe affected by the strategy. 30


1 1

"(3) Where a proposal is notified after a request made inaccordance with this section, the person who has given noticein writing shall pay the costs oi processing the proposal inaccordance with sections 78 to 80 of this Act, and the strategy shall 35



be processed only to the extent that the costs are met by that33

person.1

New (Unanimous)

5 "(3) Where a proposal is notified after a request made inaccordance with this section, the regional council may, if itthinks flt, require the person who has given notice in writing topay all or part of the costs of processing the proposal inaccordance with sections 78 ((to 80)} to 79F, and the strategy may be

10 processed only to the extent that the person meets his or hershare of the costs."

1

43. Council may refuse to notify suggested strategy incertain circumstances-Section 75 of the principal Act isamended-

15 (a) By omitting the word "suggested" the first time the wordappears, and substituting the words "proposal for a":

(b) By repealing paragraph (c):(c) By omitting paragraph (d) (i), and substituting the

following paragraph:20 "(i) At a time within the 3 years before the

proposal for the strategy was submitted to thecouncil, an inquiry was completed into a proposal fora regional pest management strategy whosesubstance was broadly the same as its substance;

25 and".

44. Preparation and contents of proposal for regionalpest management stratesy-Section 76 of the principal Actis amended by repealing subsections (1) and (2) and substitutingthe following subsection:

30 "76. (1) A proposal for a regional pest management strategymust 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 be35 controlled:

45

1 1


"(c) In relation to each organism to which the strategy wouldapply, or each class or description of organism towhich the strategy would apply, the reasons for thestrategy, including a description of the adverseeffects of the organism, or the class or description of 5organism:

"(d) The management agency that is to be responsible forimplementing the strategy:

"(e) The proposed period for which the strategy will remainin force: 10

"(f) In relation to each organism to which the strategy wouldapply, or each class or description of organism towhich the strategy would apply, the objectives of thestrategy and the principal measures proposed to betaken to achieve those objectives: 15

"(g) Any alternative measures that it would be reasonable totake to achieve the objectives of the strategy and thereasons for preferring the measures specified inaccordance with paragraph (f) as the measuresproposed to be taken: 20


"(h) The intended scope and purpose of each proposedstrategy rule and the rules for which it proposedthat a breach of the rule will be an offence under

this Act: 25

New (Unanimous)

1

"(h) Each proposed strategy rule, an explanation of eachproposed rule, and if it proposed that a breach ofthe rule will be an oifence under this Act, astatement to that effect: 30

1 1

"(i) Whether land will include portions of adjoining road forthe purposes of the strategy in accordance withsection 6, and if so, the portions of road that areproposed to be included:

"(j) The actual or potential effects, beneficial or detrimental, 35that the implementation of the strategy might (inthe proposer's opinion) have on the relationship ofMaori and their culture and traditions with their

Biosecu'rity Amendment (No. 4) 41

ancestral lands, waters, sites, waahi tapu, andtaonga:

"(k) The actual or potential effects, beneficial or detrimental,that the implementation of the strategy might (in

5 the proposer's opinion) have on-(i) The environment; andlii) The marketing overseas of New Zealand

products:


10 "(iii) New Zealand's international obligations,assurances, and reputation:

"(1) An analysis of the benefits and costs of the strategy(including the reasons why the strategy is moreappropriate than relying on the voluntary actions of

15 persons) in relation to each organism to which thestrategy would apply:

"(m) The anticipated costs of implementing the strategy,how those costs are to be funded, and the fundinginformation required to be included by section 77:

20 "(n) The basis, if any, on which compensation is to be paidby the management agency in respect of lossesincurred as a direct result of the implementation ofthe strategy, and information concerning thedisposal of the proceeds of any receipts arising in

25 the course of implementing the strategy:"(o) The powers to be used in accordance with section 55 to

implement the strategy:"(p) Where the proposed strategy would affect another pest

management strategy, the proposed means of co-30 ordination:

"(q) The proposed means for measuring the extent to whichthe objectives of the strategy are being achieved:

"(r) The actions (including the making of contributionstowards the costs of implementation) that it is

35 proposed may be taken in relation to the strategy bylocal authorities, local authorities of a specified kindor description, or specified local authorities."

45. Funding information required in proposal-Theprincipal Act is amended by repealing section 77 (as amended

40 by section 3 of the Biosecurity Amendment Act 1996), andsubstituting the following section:

48 Biosecu'rity Amendment (No. 4 )

"77. A proposal for a regional pest management strategymust specify, in relation to each organism or in relation to eachclass or description of organism to which the strategy wouldapply, the following matters:

"(a) The extent to which any persons or persons of any class, 5kind, or description are likely to benefit from thestrategy:

"(b) The extent (if any) to which any persons or persons ofany class, kind, or description by their activities orinaction contribute to the creation, continuance, or 10exacerbation of the problems proposed to beresolved by the pest management strategy:

"(c) The rationale for the proposed allocation of costs,including, where it is proposed that the strategyshould be funded by a levy in accordance with 15sections 90 to 96,-

"(i) The matters required to be specified inaccordance with section 93 (1); and

lii) How the proposed levy will comply withsection ((92)) 92 (1) (d), (e), (f), and (g): 20

"(d) Whether any unusual administrative problems or costsare expected in recovering the costs allocated to anyof the persons who are to be required to pay."

46. Notification of proposed regional pestmanagement strategy- 25


1 1

(1) Section 78 of the principal Act isamended by repealing subsection (2), and substituting thefollowing subsections:

"(2) Every notice under this section must include- 30"(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, byany person:

"(c) A closing date for submissions (which must not be earlier 35than 20 working days after notification under thissection):

"(d) A statement that every submission should state whetherthe person making the submission wishes to beheard in respect of that submission: 40



"(e) A list of the places where a copy of the proposedstrategy may be obtained or inspected:

"(f) An address for submissions.5 "(2A) Any person may make a submission to the regional

council about a proposed regional pest management strategynotified in accordance with this section and every submissionmust contain the matters specified in subsection (2) (d) of thissection."


(1) Section 78 of the principal Act isamended by repealing subsections (1) and (2), and substitutingthe following subsections:

"(1) A regional council must publicly notify a proposed15 regional pest management strategy-

"(a) By publishing a notice in 1 or more daily newspaperscirculating within the council's region; and

"(b) By giving such further notice, if any, as the regionalcouncil considers appropriate having regard to the

20 nature and distribution of the organism concernedand the persons likely to have an interest in theproposal.

"(2) Every notice under this section must include-"(a) A description of the proposed strategy:

25 "(b) A statement that submissions on the proposed strategymay be made in writing to the regional council byany person:

"(c) A closing date for submissions (which must not be earlierthan 20 working days after notification under this

30 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

35 the submission opposes; and"(iii) The reasons for the support and opposition

identified; and

1

49


New (Unanimous)

1

"(iv) Any specific alternatives to the proposedstrategy that the person making the submissionwishes to recommend; and

lv) Whether the person making the submission 5wishes to be heard in respect of that submission:

"(e) A list of the places where a copy of the proposedstrategy may be obtained or inspected:

"(f) An address for submissions."(2A) Any person may make a submission to the regional 10

council about a proposed regional pest management strategynotified in accordance with this section, and every submissionmust contain the matters specified in subsection (2) (d)."1 1

(2) Section 78 of the principal Act is amended by omittingthe words "Minister of Agriculture" from subsection (3), and 15substituting the words "responsible Minister".

(3) Section 78 of the principal Act is amended by omittinkfthe words "prepared by it" from subsection (4), anasubstituting the words "that it has notified".


47. Regional pest management strategy to be processedlike national pest management strategy-(1) Section 80 ofthe principal Act is amended-

(a) By omittin the expression "64 to 67" wherever it occurs,and substituting the expression "66 and 67": 25

(b) By repealing paragraph (1) (d), and substituting thefollowing paragraph:

"(d) The reference in section 66 to section 62 ofthis Act is a reference to section 78 of this

Act.": 30

(c) By omitting the word "approve" wherever it appears, andsubstituting the word "make".

(2) Section 80 of the principal Act is amended by repealingsubsection (3), and substituting the following subsection:

"(3) Subject to subsections (4) to (9), a regional council may 35by resolution and by afftxing the common seal of the council,make a regional pest management strategy."

(3) Section 80 (4) of the principal Act is amended by omittingthe words "a proposal for".

5

10


Struck Out (Unanimous)1

(4) Section 80 of the principal Act is amended by repealingsubsection (7), and substituting the following subsections:

"(7) A regional council must not make a regional pestmanagement strategy unless satisfied that the benefits for theregion of implementing the strategy in respect of eachorganism outweigh the costs to the region of implementing thestrategy in respect of that organism.

"(8) A strategy made in accordance with this section mustcontain all the matters to be included in a regional pestmanagement strategy in accordance with section 8OA.

"(9) The regional council must provide one copy of eachregional pest management strategy made by the council toevery public library in its area."


47. New sections inserted relating to regional pestmanagement strategies-(1) The principal Act is amendedby repealing section 80, and substituting the following sections:

"79A. Summary of submission, notification, and20 conduct of hearing-Every proposal for a regional pest

management strategy must be subject to an inquiry, theSecond Schedule applies in respect of that inquiry as thoughthe inquiry were undertaken by a board of inquiry, and everyperson who made a submission on that proposed regional pest

25 management strategy has the right to be heard at the inquiry."798. Regional matters to be considered and regional

council's report-(1) In considering a proposed regional pestmanagement strategy, a regional council-

"(a) Must have regard to-30 "(i) All submissions; and

"(ii) All relevant provisions of this Part of this Act;and

"(iii) A report on the proposed regional pestmanagement strategy made to it by its prmcipal

35 offcer; and

"(iv) Any report and any recommendations of ahearings commissioner; and

51

1 1

52 Biosecuity Amendment (No. 4 )

New (Unanimous)1

New

1 1

"(aa) Where the strategy includes provision for funding, thestrategy in accordance with section 97 must haveregard to- 5

"(i) The extent to which the proposal for the pestmanagement strategy gave notice of the intention toprovide in the strategy for wholly or partiallytunding the strategy in accordance with section 97;and 10

"(ii) The extent of consultation with the occupiersof the properties on which the rate or rates is or arelikely to be levied and the views of those occupiers;and

"(iii) All views expressed to the regional council by 15any other person concerning the proposal to fundthe strategy in accordance with section 97; and

"(iv) All other relevant matters known to thecouncil:

1 1

"(b) Must be satisfied on reasonable grounds of the matters 20in section 72 (1).

"(2) On completion of its consideration, the council mustprepare a written report on the proposed regional pestmanagement strategy and the matters raised by thesubmissions, and must give its decision which must include the 25regional pest management strategy and the reasons foraccepting or rejecting any submissions or group of submissions.

"(3) The decision of the regional council may include anyconsequential alterations arising out of submissions and anyother relevant matters it considered relating to matters raised 30in submissions.

"(4) The regional council must give public notice of thedecision 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 35on every person who made a submission on a provision, a copyof its decision on that provision.

Biosecu'rity Amendment (No. 4)

New (Unanimous)

"79D. Reference of decision on submissions to

Environment Court-(1) Any person who made a submissionon a proposed regional pest management strategy may refer to

5 the Environment Court-

"(a) Any provision included in the proposed regional pestmanagement strategy, or a provision which thedecision on submissions proposes to include in theregional pest management strategy; or

10 "(b) Any matter excluded from the proposed regional pestmanagement strategy, or a provision which thedecision on submissions proposes to exclude fromthe regional pest management strategy,-

if that person referred to that provision or matter in that15 person's submission on the proposed regional pest

rnanagernent strategy.

"(2) Any reference to the Environment Court under thissection must be lodged with the Environment Court within15 working days of service of the decision of the regional

20 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.25 "(3) A person who makes a reference to the Environment

Court under this section must serve a copy of the notice within5 working days after the reference is lodged with theEnvironment Court, on-

"(a) The regional council; and30 "(b) Every person who made a submission on that provision

or matter.

" 79E. Hearing by Environment Court-(1) TheEnvironment Court must hold a public hearing into anyprovision or matter referred to it.

35 "(2) Where the Environment Court holds a hearing into anyprovision or matter of a proposed regional pest managementstrategy, that reference is an appeal and the Enviroment Courtmay confirm, or direct the regional council to modify, delete,or insert, any provision or matter which is referred to it.1

53

54 Biosecu'rity Amendment (No. 4 )

New (Unanimous)1

"791:. Final consideration o f regional pest managementstrategy-(1) A regional council must make a regional pestmanagement stratesy once it has made the amendments asdirected by the Environment Court. 5

"(2) A strategy must be made under this section by affixingthe seal of the regional council to the document.

"(3) The regional council must provide 1 copy of eachregional pest management strategy made by the council toevery public library in its area. 10

1

New

1 1

(2) Section 97A of the principal Act (as inserted by section 4of the Biosecurity Amendment Act 1996) is consequentiallyrepealed.1 1

48. New sections inserted-The principal Act is amended 15by inserting, after section 80, the following sections:

"80A. Contents ofregional pest management strategy-A regional pest management strategy must specify thefollowing matters:

"(a) The pest or pests to be managed or eradicated: 20"(b) The objectives of the strategy:"'

lc) The management agency that is responsible forimplementmg the strategy:

"(d) The period for which the strategy will remain in force:"(e) The powers to be used in accordance with section 55 to 25

implement the strategy:"(f) The strategy rules, if any, made in accordance with this

Act:

"(g) The portions of road, if any, that are included asadjoining land, in accordance with section 6, for the 30purposes of the strategy:

"(h) The basis, if any, on which compensation is to be paidby the management agency in respect of lossesincurred as a direct result of the strategy:


"(i) The sources of funding for the implementation of thestrategy, and the limitations, if any, on how thefunds collected from those sources may be used toimplement the strategy:

5 "(j) The actions (including the making of contributionstowards the costs of implementation) that may betaken in relation to the strategy by local authorities,local authorities of a specified kind or description, orspecified local authorities.

10 "SOB. Strategy rules-(1) A pest management strategymade under ((section 80)) section 79F may include rules for all orany of the following purposes:

"(a) Requiring any person to take specified actions which willenable the management agency to determine or

15 monitor the presence or distribution of the pest orany pest agent:

"(b) Requiring any person to keep records of actions taken inaccordance with rules made under this section and

to send specified information based on those records20 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

25 measures taken to implement the strategy:"(f) Requiring audits or inspections of specified actions:"(g) Specifying, for the purposes of section 52 (a), the

circumstances in which the pest may becommunicated, released, or otherwise spread:

30 "(h) Requiring the occupier of any place to take specifiedactions to control or eradicate the pest or a specifiedpest agent on that place:

"(i) Requiring the occupier of any place to take specifiedactions to control or eradicate the habitat of the pest

35 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 willpromote the habitat of the pest on that place:

"(k) Requiring the occupier of a place to carry out specified40 activities to promote the presence of organisms that

assist in the control of the pest on that place:

55

56 Biosecu'rity Amendment (No. 4)

"(1) Prohibiting or regulating specified activities by theoccupier of a place, which deter the presence onthat place of organisms that assist in the control ofthe pest:

"(m) Requirin the occupier of any place to carry out 5specihed treatments or procedures to ass1St lnpreventing the spread of the pest:

(n) Requiring the owners or persons in charge of goods tocarry out specified treatments or procedures toassist in preventing the spread of the pest: 10

"(o) Requiring the destruction of goods in circumstanceswhere 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 thatmay promote the spread or survival of the pest: 15

"(q) Prohibiting or regulating the holding or disposal oforganic material:

"(r) Prohibiting or regulating the use of specified practices inthe management of oranisms that may promotethe spread or survival or the pest: 20

New (Unanimous)1 1

"(s) Prohibiting or regulating the movement of goods thatmay contain or harbour the pest or otherwise pose arisk of spreading the pest.

1


"(2) A regional council must not make a regional pestmanagement strategy under section 80 unless the regionalcouncil has had regard to-

"(a) The extent to which each rule included in the strategy islikely to assist in achieving the objectives of the 30strategy; and

"(b) The extent to which each rule in the strategy is likely torestrict the rights of individ„,ls.

1

"(3) A rule may provide that no exemptions from anyrequirement of the rule may be granted under section 800. 35

"(4) 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 ofpersons, places, goods, or other things:

lc) Apply generally or at any specified time of each year."(5) Where a rule applies to a specified part or parts of the

5 region, other rules relating to the same subject matter may bemade for other specified parts of the region.

"(6) So far as the bylaws of the regional council or aterritorial authority are inconsistent with or repugnant to anyrule made under this Act in force in the same locality, the

10 bylaws must be construed subject to the rules.New (Unanimous)

1 1

"(6A) In the event of an inconsistency between regulationsmade under this or any other Act or the rules in a national pestmanagement strategy, and the rules in a regional pest

15 management strategy, the regulations or rules in a nationalpest management strategy prevail.1 1

"(7) A rule may specify that a breach of the rule creates anoffence under section 154 (r).

Nezv (Unanimous)1

20 "(7A) Notwithstanding any rule of law to the contrary, astrategy rule may not be declared invalid for unreasonableness.1


"(8) Every strategy rule made under this section is deemed tobe a regulation for the purposes of the Regulations

25 (Disallowance) Act 1989.

"80£.Incorporation by reference-(1) Any writtenmaterial or document that, in the opinion of the regionalcouncil, is too large or otherwise impractical to be printed aspart of a rule included in a pest management strategy may be

30 incorporated by reference."(2) Any material incorporated by reference under this

section is deemed for all purposes to form part of the rule butany amendment to the material by the person or organisationoriginating it does not come into force as a rule until a rule to

35 that effect has been made under this Act.

57


"(3) All material incorporated by reference under this sectionis available at the office of the management agency for thatstrategy, and copies of that material are avA i 19 ble for purchasefor a reasonable charge.

"8OD. Exemption power of regional council-(1) The 5regional council may, if the regional council considers itappropriate and upon such conditions as the regional councilconsiders appropriate, exempt any person from any specifiedrequirement in any rule included in a regional pestmanagement strategy in accordance with this Act. 10

"(2) Before granting an exemption under this section, theregional council must be satisfied in the circumstances of eachcasethat--

"(a) The requirement has been substantially complied withand that further compliance is unnecessary; or 15

"(b) The action taken or provision made in respect of thematter to which the requirement relates is aseffective or more effective than actual compliancewith the requirement; or

20lc) The prescribed requirements are clearly unreasonable orinappropriate in the particular case; or

"(d) Events have occurred that make the prescribedrequirements unnecessary or inappropriate in theparticular case,-

and that the granting of the exemption will not significantly 25prejudice the attainment of the objectives of the strategy.

"(3) The regional council may, upon such conditions as itthinks fit, exempt all persons or any specified class of persons,persons in any specified place, or persons responsible forspecified goods or things, from any requirement in any rule 30included in a regional pest manaement strategy made underthis Act if the regional council is satisfied that events haveoccurred that make the prescribed requirements unnecessaryor inappropriate.

"(4) The number and nature of exemptions granted under 35this section are recorded by the regional council in a register;and the register is available for public inspection during thenormal office hours of the regional council.

"(5) Nothing in this section applies in any case where anyrule specifically provides that no exemptions are to be 40granted."


49. Regional council may delegate powers--Section 82 (2) of the principal Act is amended by repealingparagraphs (b) and (c), and substituting the followingparagraphs:

5 "(b) Power to make, review, amend, or revoke a regional pestmanagement strategy:

"(c) Power to declare a small-scale management programmeunder section 100."

50. Councils may act jointly-Section 83 of the principal10 Act is amended-

(a) By omitting from subsection (1) the words "propose andapprove", and substituting the words "notify andmake":

(b) By omitting the word "proposed" from subsection (1) (b):15 (c) By omitting the word approved" wherever it occurs in

subsection (1), and substituting the word "made".

51. Operational plans-(1) Section 85 (1) of the principalAct is amended by omitting the word "approved", andsubstituting the word "made".

20 (2) Section 85 (3) of the principal Act is amended-(a) By repealing paragraph (b), and substituting the following

paragraph:"(b) In the case of a national pest management

strategy, the Minister who recommended25 the Order in Council making the pest

management strategy; and":(b) By omitting from paragraph (c) the word "approved",

and substituting the word "made".(3) Section 85 of the principal Act is amended by repealing

30 subsection (4), and substituting the following subsection:"(4) The Minister who recommended the making of the

Order in Council making the strategy (in the case of a nationalpest management strategy) and the regional council that madethe strategy (in the case of a regional pest management

35 strategy) may,-"(a) At any time before being notified under subsection (3) of

the preparation or amendment of an operationalplan; or

"(b) Not later than 20 working days after being so notified,-40 give the management agency written notice that the Minister

or the regional council (as the case may be) intends to disallowthe plan or any part of the plan on the grounds that the

59


Minister or the regional council believes that the plan or thatpart of the plan is inconsistent with the strategy."


(4) Section 85 (5) of the principal Act is amended byinserting, after the words "the Minister" wherever the words 5appear, the words "or the regional council."

New (Unanimous)1

(4) Section 85 of the principal Act is amended by repealingsubsection (5), and substituting the following subsection:

"(5) Unless the Minister or regional council later gives the 10management agency concerned written notice that theMinister or regional council is now prepared to allow the plan,or a part of a plan, in respect of which the Minister or theregional council gave the agency notice under subsection (4), theplan or part of a plan is of no effect." 15

1

52. Duration and review of pest managementstrategies-The principal Act is amended by repealingsection 88, and substituting the following section:

"88. (1) In this section, a reference to "the Minister" orregional council" is a reference to the Minister or regional 20

council, as the case may require, who notified the proposal forthe pest management strategy.

"(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 25achieved; or

"(b) After the expiry of the period specified in the strategy;or

"(c) When, following a review carried out in accordance withthis section, the strategy is revoked,- 30

whichever event occurs first.

"(3) The Minister or a regional council may review a pestmanagement strategy in accordance with this section at anytime-

"(a) If the Minister or regional council has reason to believe 35that the strategy is failing to achieve its purposes; or

15


"(b) If the Minister or regional council has reason to believethat relevant circumstances have changed to asignificant extent since the strategy commenced; or

"(c) If the strategy is due to expire in less than 12 months5 and--

ii) Any person requests the Minister or regionalcouncil to notify a proposal to extend the durationof the strategy; or

lii) The Minister or regional council proposes to10 extend the duration of the strategy-

and may, following the review, amend or revoke the strategy inaccordance with this section, or leave the strategy unchanged.

New

1 1

"(BA) Where the review of a pest management strategy hascommenced in accordance with this section and that strategywould otherwise expire in accordance with the terms of thestrategy during the review, that strategy continues in forceuntil amended or revoked on completion of the review,including the completion of any rights of appeal.1 1

20 "(4) Where any person requests the Minister or regionalcouncil to notify a proposal to extend the duration of a strategyin accordance with subsection (3) (c) (i)-

"(a) The Minister or regional council may refuse to notify aproposal if the provisions of section 59 or 75 (as the

25 case may be) apply:"(b) The review may be processed only so far as the costs of

the review are met by that person.

"(5) Where a pest management strategy has been in force for5 years or more and it is more than 5 years since the strategy

30 has been reviewed in accordance with this section, the Minister

or regional council must proceed to review the strategy inaccordance 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

35 strategy.

"(6) A review of a national pest management strategy iscommenced by a proposal notified in accordance with section 62and the provisions ot sections 63 to 70 apply to that review withany necessary modifications.

61


"(7) A review of a regional pest management strategy iscommenced by a proposal notified in accordance with section 78and the provisions oi sections 79 to 83 apply to that review withany necessary modifications.

"(8) A proposal must state whether it is proposed that the 5strategy be amended or revoked or left unchanged, theproposed amendments, if any, in full, and the reasons for theproposed result of the review.

"(9) Every notification of a proposal for a review must-"(a) Describe the proposed result of the review; and 10"(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 theMinister or regional council as the case may be; and

"(d) Include a closing date for submissions (which is not 15earlier than 20 working days after public notice ofthe proposal is given); and

"(e) Include a statement that every submission should statewhether the person makin the submission wishesto be heard in respect oi that submission if an 20inquiry is held.

"(10) On completion of the review the Governor-Generalmay, by Order in Council made on the recommendation of aMinister, amend or revoke a national pest managementstrategy; and in that event the Minister must ((lay a copy qf the 25order and where appropriate, the strategy as amended, beforapresent a copy of the order, and where appropriate thestrategy as amenc ed to the House of Representatives.

"(11) An Order made under this section is deemed to be aregulation for the purposes of the Regulations (Disallowance) 30Act 1989.

"(12) On completion of the review a regional council may, by(resolution and «y) affixing the common seal of the council,amend or revoke a regional pest management strategy.

"(13) The regional council must provide one copy of each 35amended regional pest management strategy made by theregional council to every public library in its area."

53. Minor changes to strategy-The principal Act isamended by inserting, after section 88, the following section:

"88A. (1) Subject to subsection (4), a national pest management 40strategy may be amended from time to time, on therecommendation of the Minister, by the Governor-General byOrder in Council without a review of the strategy undersection 88.


"(2) An Order made under this section is deemed to be aregulation for the purposes of the Regulations (Disallowance)Act 1989.

"(3) Subject to subsection (4), a regional pest management5 strategy may be amended from time to time by a regional

council by resolution without a review of the strategy inaccordance with section 88.

"(4) A strategy may be amended in accordance with thissection only if the Minister or regional council is satisfied that

10 the amendment will not have any significant effect on therights and obligations (including obligations to contribute to thecosts of the strategy) of any person.

"(5) In this section, a reference to "the Minister" or "regionalcouncil" is a reference to the Minister or regional council, as

15 the case may require, who notified the proposal for the pestrnanagennent strategy."

54. Strategy may impose levy-Section 90 of the principalAct is amended by omitting from subsection (1) the words "theresponsible Minister", and substituting the words "a Minister".

20 55. Restrictions on levies-Section 92 of the principal Actis amended by omitting from subsection (1) the words "theresponsible Minister", and substituting the words "a Minister".

56. Contents of levy provisions in strategy-(1) Section 93 (1) of the principal Act is amended by omitting

25 the words "pest management strategy", and substituting thewords "Order under section 90".

(2) Section 93 (1) of the principal Act is amended byrepealing paragraphs (g) and (h), and substituting the followingparagraphs:

30 "(g) Whether the levy is to be paid at a single rate or 2 ormore different rates; and if at different rates, the

places, goods, or other things to which the differentrates may apply; and

"(h) In respect of each rate of levy, the maximum rate of35 levy; and

"(ha) How the management agency is to set the actual rateor rates of levy."

(3) Section 93 (2) of the principal Act is amended by omittingthe words "A pest management strategy", and substituting the

40 words "An Order under section 90".

63


New

1 1

(4) Section 93 (2) of the principal Act is amended by addingthe following paragraph:

"(d) The holding of funds from which payments of levy areto be made, on trust in separate accounts."

56AA. Trust accounts for levy money payable tomanagement agency-The principal Act is amended byinserting, after section 93, the following section:

"93A. (1) Where an order under section 90 provides thatfunds from which payments of levy are made are to be held ontrust in separate accounts, the persons responsible forcollecting the levy must each keep a bank account (in thissection referred to as a trust account) at a registered bankwithin the meaning of the Reserve Bank of New Zealand Act1989; and

"(a) Ensure that the account is so named as to identify that itis a trust account kept by the person responsible forcollecting 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); and"(ii) The balance in the account on any day is not

less than the amount outstanding to themanagement agency on that day by the personresponsible for collecting the levy.

"(2) For the purpose of this section, the amount outstandingto the management agency by a person responsible forcollecting the levy on any day is the remainder obtained bysubtracting-

"(a) The total of all amounts of levy paid by that person tothe management agency before that day calculatedon the basis specified in the order under section 90;from

"(b) The total of all amounts required by subsection (3) to bedeposited in the trust account by the personresponsible for collecting the levy not later than aday before that day.

"(3) Where a person is responsible for collecting a levy thatperson must deposit an amount equal to the levy calculated onthe basis provided for in the order under section 90 in the trust1 1

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35

40

5

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20

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NeIl,

account on the day or days specified in that order or on a dayor days calculated in accordance with that order.

"(4) There is deemed to be held on trust for the managementagency as levy money-

"(a) The amount outstanding to the management agency bythe person responsible for collecting the levy held inthe trust account specified in the order undersection 90; or

"(b) Where the amount held in the account is less than theamount outstanding, all the money in the account.

"(5) Money deemed by subsection (4) to be held on trust-"(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 forcollecting a levy must continue to maintain the trust accountreferred to in this section until all the levy money payable tothe management agency in respect of the period during whichthat person was responsible for collecting the levy has beenpaid.

"( 7) Nothing in subsection (6) limits or affects any obligation orliability under this Act of any person who has becomeresponsible for collecting the levy."1 1

New (Unanimous)

56A. Effect of levy-Section 94 of the principal Act isamended by adding the following paragraph:

30 "(c) The levy may be spent by the management agency onlyfor those purposes set out in the levy order madeunder section 90:".

1

65

1 1


New

1 1

568. New provisions for audit of levies-The principalAct is amended by inserting, after section 95, the iollowingsections:

"95A. Orders to provide for statements, accounts, andrecords to be kept-For the purpose of ascertaining whetheror not an order under section 90 is being complied with, theorder must provide for-

"(a) The keeping of statements, accounts, and records ofspecified classes or descriptions by the managementagency, persons responsible for collecting the levy,and persons responsible for paying the levyconcerned, or any of them; and

"(b) Any such statements, accounts, or records to be retainedfor a specified period.

"9513. Compliance audits-(1) While an order undersection 90 is in force, the Minister who recommended its

making may, at the request of the management aency,appoint 1 or more Auditors to conduct an audit of the aftairs ofall or any of the following:

"(a) Some or all of the persons responsible for collecting thelevy:

"(b) Some or all of the persons responsible for paying thelevy.

"(2) While an order under section 90 is in force, the Ministerwho recommended its making may, if an arbitrator has beenappointed to resolve a dispute, appoint an Auditor to conductan audit of all or any of the persons involved in the dispute.

"(3) No person is qualified for appointment as an Auditorunless the person is a chartered accountant (within themeaning or section 19 of the Institute of CharteredAccountants of New Zealand Act 1996) or a member, fellow, orassociate of an association of accountants constituted in some

part of the Commonwealth outside New Zealand, and for thetime being approved for the purpose of the audit of companyfinancial statements by the Minister of the Crown who, underthe authority of any warrant or with the authority of the PrimeMinister, is for the time being responsible for theadministration of the Companies Act 1993, by notice publishedin the Gazette.

1 1

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25

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35

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New

"(4) No officer or employee of any of the following personsor organisations may be appointed an Auditor:

"(a) Any management agency:5 "(b) Any person responsible for collecting the levy under the

order concerned:

"(c) Any person responsible for paying the levy under theorder concerned.

"(5) Every person appointed as an Auditor is entitled to10 remuneration (paid by the management agency concerned) as

provided in the relevant levy order."(6) For the purposes of sections 95C and 95D, "auditor" means a

person for the time being appointed under subsection (1) orsubsection (2) of this section.

15 "95c. Purpose of compliance audits-(1) The purpose ofan audit conducted by an Auditor appointed under section 958 (1)is (so far as is practicable) to ascertain in respect of the affairs ofthe persons whose affairs are to be audited, and report to theMinister responsible for the pest management strategy on, as

20 many of the following matters as are relevant to those affairs:"(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:25 "(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 themanagement agency by persons collecting it:

30 "(e) The extent to which statements, accounts, and recordsare being and have been kept:

"(f) The extent to which statements, accounts, and recordsthat are being and have been kept are being andhave been properly kept.

35 "(2) The purpose of an audit conducted by an Auditorappointed under section 958 (2) is (so far as is practicable) toascertain in respect of the affairs of the parties to the dispute,and report to the arbitrator concerned, the Minister responsiblefor the pest management strategy, and those parties on, the

40 matters of fact that are in dispute.

67

i 1

1 1

68 Biosecuiuy Amendment (No. 4)

New

1 1

"951).Power of Auditors to require production ofstatements, accounts, and records-( 1) For the purposes ofconducting an audit, any Auditor specifically or generallyauthorised in writing in that behalf by a Minister may fromtime to time require any person (being a management agency,a person responsible for collecting levies, a person responsiblefor paying levies, or any employee or officer of a managementagency or of any such person) to produce for inspection withina reasonable period specified by the Auditor any statements,accounts, and records in the possession or under the control ofthat person (bemg statements, accounts, or records that arerequired to be kept under this Act or by an order), and maytake copies of or extracts from any such document.

"(2) Every authorisation under subsection (1) must contain-la) 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), except in respect of aprosecution under this Act or an action for the recovery of anyamount due under this Act, no Auditor who exercises powersunder this section may disclose to any other person (other thana Minister or a person authorised in that behalf by a Minister)any information obtained by the Auditor as a result of theexercise of the power.

"(4) Notwithstanding subsection (3), the Official InformationAct 1982 applies in respect of any information held by aMinister that was obtained pursuant to this section."1 1

57. Resolution of disputes-(1) Section 96 of the principal 30Act is amended by omitting the words "pest managementstrategy", and substituting the words "Order undersection 90".

(2) Section 96 of the principal Act is amended by omittingthe word "mediators" every time the word appears, and 35substituting the word "arbitrators".

(3) Section 96 of the principal Act is amended by omittingthe word "mediation" from paragraph (d), and substituting theword "arbitration".

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St,·uck Out

1 1

58. Approval of regional pest management strategy-Section 97 A of the principal Act (as inserted by section 4 of theBiosecurity Amendment Act 1996) is amended by omitting theword "approve", and substituting the word "make".1 1

New (Unanimous)1

58A. Limitation on expenditure-The principal Act isamended, by inserting after section 99A, the following section:

"998. A management agency must not spend funds to meet10 the costs Of implementmg a pest management strategy in

contravention of the limitations, if any, imposed on theexpenditure of funds by the strategy."1

59. Regional council may without pest managementstrategy undertake small-scale management of unwanted

15 organisms-The principal Act is amended by repealingsection 100, and substituting the following sections:

"100. (1) If satisfied that-

"(a) An unwanted organism that is present in (New Zealand)the region could cause serious adverse and

20 unintended effects unless early action to control it istaken; and

"(b) The organism can be eradicated or controlled effectivelyby small-scale rneasures within 3 years ofcommencing measures to control the organism,

25 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 of30 any amount to a person for the purpose of

compensating that person for a loss) is likely to costless than an amount for the time being prescribedfor the purposes of this section tfor Ministers orregional councils) by the Governor-General by Order

35 in Council; and

69


"(d) The taking of those measures is unlikely to result insignificant monetary loss to any person, other than aperson who has contributed to the presence orspread of the organism by failing to comply withthis Act, or any pest management strategy,- 5

a (Minister or) regional council may, by giving such publicnotice as the (Minister or) regional council thinks fit havingregard to the distribution of the unwanted organism and thepersons likely to be affected by the measures taken, declare asmall-scale management programme. 10

"(2) Every public notice declaring a small-scale managementprramme must specify-

'la) The unwanted organism that is the subject of the small-scale management programme; and

"(b) The objectives of the small-scale management 15programme; and

"(c) The powers to be exercised in accordance withsection 55 to implement the small-scalemanagement programme.

"(3) Before any powers to enter a place and carry out work 20are exercised in accordance with a small-scale managementprogramme, a notice specifying the matters in subsection (2) andthe work to be carried out on the place must be given to theoccupier of the place not less than 5 working days before thework is carried out. 25

"(4) Subsection (3) does not apply where the (Minister or)regional council ((as the case may be)) is satisfied that there arereasonable grounds to believe that the unwanted organismmay spread beyond the place before the expiry of 5 workingdays. 30

"(5) A small-scale management programme ceases to haveeffect-

"(a) When the (Minister or) regional council ((as the case maybe)) declares by public notice that the programme isfailing to control the organism; or 35

"(b) When the (Minister or) regional council ( (hs the case maybe)) declares by public notice that the organism hasbeen eradicated or brought under control; or

"(c) After the expiry of (3) 5 years from the declaration ofthe programme. 40



"(6) Notwithstanding subsection (1) the powers of the Director-General, or the powers of any chief technical officer appointedby the Director-General or the Secretary of Forestry, or the

5 powers of any inspector or authorised person appointed undersection 103 (1) (a) of this Act, may be exercised in accordance withthis Act in respect of an unwanted organism, whether or not asmall-scale management programme has been declared underthis section in respect of that organism."


"1 OOA. Exercise of powers in respect of unwantedorganism-(1) The powers under Part VI in relation to anunwanted organism may be exercised by-

"(a) The Director-General:

15 "(b) A chief technical officer appointed by the Director-General, or the chief executive of any department:

lC) An inspector or authorised person appointed undersection 103 (1) (a):

"(d) An inspector or authorised person appointed under20 section 103 (2) Ca):

"(2) Where a small-scale management programme has beendeclared under section 100 by a regional council in respect of anorganism, that declaration does not prevent the exercise of PartVI powers by the persons specified in subsection (1) in relation to

25 that organism."1

PART 6

ADMINISTRATIVE PROVISIONS


60. Chief technical officers-(1) Section 101 (1) of the30 principal Act is amended-

(a) By inserting, after the words "Director-General" the firsttime the words appear, the words "and the Secretaryof Forestry :

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1

(b) By inserting, after the words "Director-General" thesecond time the words appear, the words "or theSecretary of Forestry".

(2) Section 101 of the principal Act is amended by repealing 5subsection (2), and substituting the following subsections:

"(2) The chief executive of a department recognised by theresponsible Minister as having responsibilities adverselyaffected by-

"(a) An organism that is specified, or under consideration for 10specification, as a pest in a pest managementstrategy; or

"(b) An organism that is specified, or under consideration forspecification, as the subject of a small-scalemanagement programme,- 15

may appoint chief technical officers, being in each case aperson with appropriate experience, technical competence,and qualifications to be the oificer responsible for the strategyor small-scale management programme.

"(3) The chief executive of a department recognised by the 20responsible Minister as having responsibilities for naturalresources or human health that could be adversely affected bythe importation of any risk goods, may appoint a chieftechnical officer for the purpose of recommending the issue ofan import health standard under section 22 for those risk goods. 25

"(4) A chief technical officer appointed under subsection (2)may exercise all the powers and perform all the functions andduties conferred on a chief technical officer by this Act exceptthose powers, functions, and duties conferred undersections 22,46 (1), 103 (1), 116, 126, and 127. 30

"(5) A chief technical officer appointed under subsection (3)may exercise the powers conferred on a chief technical officerunder section 22."

1 1

New (Unanimous)

1

60. Chief technical officers-Section 101 of the principal 35Act is amended by repealing subsection (2), and substituting thefollowing subsections:

1


New (Unanimous)1

"(2) The chief executive of a department recognised by theresponsible Minister as having responsibilities for natural andphysical resources or human health that could be adversely

5 affected by an organism may appoint chief technical officersfor the purposes of this Act, being in each case a person withappropriate experience, technical competence, and

qualifications relevant to the area of responsibilities allocatedby the chief executive to that person.

10 "(3) A chief technical officer appointed under subsection (2)may exercise all the powers and perform all the functions andduties conferred on a chief technical officer by this Act exceptthose powers conferred under sections 103 (1), 116, 126, and127."

1 1

15 Struck Out (Unanimous)1 1

61. Deputy chief technical officers-Section 102 (1) of theprincipal Act is amended-

(a) By inserting after the words "Director-General" the firsttime the words appear, the words "and the Secretary

20 of Forestry":(b) By inserting after the words "DirectorGeneral" the

second time the words appear, the words "or theSecretary of Forestry".

New (Unanimous)

25 61. Deputy chief technical officers-Section 102 of theprincipal Act is amended by repealing subsection (1), andsubstituting the following subsection:

"(1) The Director-General and the chief executive of anyother department may appoint, in respect of any chief

30 technical officer appointed by the Director-General or thatchief executive, 1 or more deputy chief technical officers whomust in each case be a person with appropriate experience,technical competence, and qualifications relevant to the area ofresponsibilities allocated by the chief executive to that person."

73


62. Inspectors, authorised persons,persons--


and accredited

1

(1) Section 103 of the principal Act is herebyamended by repealing subsection (1), and substituting the 5following subsection:

"(1) A chief technical officer appointed as such by theDirector-General or the Secretary oi Forestry may from time totime-

"(a) Appoint inspectors and authorised persons for the 10purposes of administering and enforcing theprovisions of this Act:

"(b) Appoint authorised persons for the purposes of anational pest management strategy."1 1


(1) Section 103 of the principal Act is amended byrepealing subsections (1) and (2), and substituting the followingsubsections:

"(1) A chief technical officer appointed as such by theDirector-General may from time to time- 20

"(a) Appoint inspectors and authorised persons for thepurposes of administering and enforcing theprovisions of this Act:

"(b) Appoint authorised persons for the purposes of anational pest management strategy. 25

"(2) A chief technical officer appointed as such by the chiefexecutive of a department may from time to time-

"(a) Appoint inspectors and authorised persons for thepurposes of administering and enforcing all or anyof the provisions of this Act except the provisions of 30Part III:

"(b) Appoint authorised persons for the purposes of anational pest management strategy."

Biosecirrity Amendment (No. 4) 15

(2) Section 103 of the principal Act is amended-Struck Out (Unanimous)

(a) By omitting from subsection (2), the words "ofAgriculture and Fisheries":

5 (b) By adding to subsection (2) the words "or any small-scalemanagement prograrnrne affecting the

responsibilities of that chief technical officer, or toascertain the presence or distribution of any pest,pest agent, or unwanted organism":1 1

10 (c) By adding to subsection (3) the words "or any small-scalemanagement programme declared by the council forthat region, or to ascertain the presence ordistribution of any pest, pest agent, or unwantedorganism":

15 (d) By omitting from subsection (6) the words "thereulations, or a pest management strategy", andsubstitutmg the words "or the regulations".

63. Authorised persons to comply with instructions-The principal Act is amended by repealing section 104 and

20 substituting the following section:"104. (1) All authorised persons appointed by a chief

technical officer must comply with any lawful direction orinstruction given by a relevant chief technical officer in relationto the exercise and performance of the powers, duties, and

25 functions conferred or imposed on authorised persons by thisAct.

"(2) All authorised persons appointed by a principal officermust comply with any lawful direction or instruction given bythat officer in relation to the exercise and performance of the

30 powers, duties, and functions conferred or imposed onauthorised persons by this Act.

"(3) For the purposes of this section, 'relevant chief technicalofficer' means any one or more of the chief technical officersappointed by the chief executive who appointed the chief

35 technical officer responsible for the appointment of theauthorised person."

64. Delegation to authorised persons-Section 105 (1) ofthe principal Act is amended-

(a) By inserting, before the words "A Minister", the words40 "Subject to sections 9,10, and 11 of this Act,":

(b) By repealing paragraphs (b), (d), and (e).


New (Unanimous)

1

64A. Power to require assistance-Section 106 of thepiincipal Act is amended by adding the following subsection:

"(2) A person employed or requested to assist an inspector orauthorised person has the same powers as that inspector or 5authorised person while that person is under the immediatedirection and control of that inspector or authorised person."

1

65. Power of inspectors to detain people-Section 107 ofthe principal Act is amended by omitting the word"controlled" wherever it appears, and substituting the words 10"biosecurity control".

66. Power of inspection-Section 109 of the principal Actis amended-

Ca) By insertin in subsections (1) and (2), after the word"enter' wherever it occurs, the words "and inspect": 15

New (Unanimous)

1 1

(aa) By omitting from subsection (1) (a) the words"authorised in writing by the Director-General toexercise the powers of inspection conferred by thisparagraph". 20

1


(b) By omitting from subsection (1) (a) (iii) the words "such apest or organism", and substituting the words "apest, pest agent, unwanted organism, orunauthorised goods": 25

New (Unanimous)

1

(b) By omitting subparagraphs (iii) and (iv) from subsection(1) (a), and substituting the following subparagraph:

"(iii) Any risk goods:"1



(c) By inserting in subsection (1) (a) after the word "Director-General" the words "or the Secretary of Forestry":

(d) By omitting from subsection (1) (b) the words "Director-5 General, other chief executive", and substituting the

words "chief technical officer":

New (Unanimous)1

(d) By omitting from subsection (1) (b) the words "authorisedin writing (by the Director-General, other chief

10 executive, or prmcipal officer, by whom the inspectoror authorised person was appointed) to exercise thepowers of inspection conferred by this paragraph".1 1

(e) By omitting from subsection (2) (b) the expression"110 (1)", and substituting the expression "110":

15 (f) By omitting from subsection (3) the expression "110 (1)",and substituting the expression "110":

(g) By inserting in subsection (4), after the words "powersof', the words "entry and".

67. Warrant to inspect dwellinghouse, marae, etc-20 Section 110 of the principal Act is amended-


(a) By omitting the expression "(v)" and substituting theexpression "(iv)":

New (Unanimous)1

25 (a) By omitting the words "duly authorised Justice", andsubstituting the words ' Justice of the Peace":

(ab) By omitting the expression "(v)", and substituting theexpression "(iii)":

1

77


(b) By insertin* after the word "enter", the words "andinspect' .

68. Entry in respect of offences-(1) Section 111 of theprincipal Act is amended by inserting, after the wordinspector" wherever it occurs, the words "or authorised 5

person".

New (Unanimous)1

(2) Section 111 of the principal Act is amended by omittingfrom subsection (1) the words "duly authorised Justice", andsubstituting the words 'lustice of the Peace". 10

1

69. Duties on exercising power of entry-The principalAct is amended by repealing section 112, and substituting thefollowing section:

"112. (1) An inspector, authorised person, or member of thePolice, exercising a power of entry conferred by sections SOA, 15109, 111, or 126-

"(a) Must have with him or her-"(i) Evidence of his or her identity and

appointment as an inspector, authorised person, ormember of the Police; and 20

"(ii) In the case of entry under section 109 to aplace that is a dwellinghouse, a marae, or a buildingassociated with a marae, the warrant undersection 110 or in the case of entry undersection 111, the warrant authorising the entry; and 25

"(b) Must produce them to any person appearing to be incharge of the place entered-

"'·

ll) On entering the place (if such a person is thenpresent); and

"(ii) At any reasonable time thereafter, if asked to 30do so by the person; and

"(c) If there is no person appearing to be in charge of theplace at any time between the time of entry and thetime the inspector, authorised person, or member ofthe Police leaves the place, shall, as soon as is 35practicable upon leaving the place, give an occupieror person in charge of the place written noticestating that the place has been entered, andspecifying the following matters:

"(i) The time and date of entry: 40"(ii) The circumstances and purpose of entry:


"(iii) The name, office or position, and employerof every person entering:

"(iv) If entry was under warrant, the principalcontents of the warrant:

5 "(v) Every thing that has been seized, or thatnothing has been seized, and every action taken, orthat no action has been taken.

"(2) An inspector, authorised person, or member of thePolice exercising a power of entry conferred by sections BOA,

10 109, 111, or 126 in relation to a marae or a building associatedwith a marae must have regard to the kawa of the marae."

70. General powers-The principal Act is amended byrepealing section 114, and substituting the following section:

"114. An inspector or authorised person who has lawfully15 entered a place under section 109 or section 111 may do on or

in respect of that place all such acts and things as appear to theinspector or authorised person to be necessary or expedient foreradicating or managing a pest or unwanted organism on theplace or preventing the spread of a pest or unwanted organism

20 irom or to the place."

71. Application of articles or substances fromaircraft-The principal Act is amended by inserting, aftersection 114, the following section:

"114A. (1) A chief technical officer or principal officer may,25 by notice in writing, give approval for a specified person or any

specified class of persons to apply any article or substance toany place from the airspace above that place for the purposesof-

"(a) Eradicating or managing any pest or unwanted30 organism; or

"(b) Ascertaining the presence or absence of any pest orunwanted organism.

"(2) An approval given under subsection (1) may be givensubject to any conditions that the chief technical ofFlcer or

35 principal officer thinks flt."(3) Any person specified in an approval or person of the

class specified in an approval given in accordance withsubsection (1) may, after public notice has been given inaccordance with this section, act in accordance with that

40 approval."(4) Nothing in this section derogates from any provision of

the Civil Aviation Act 1990 or any rule or regulation madeunder that Act.

79


"(5) For the purposes of this section, public notice is given bypublishing, at least 2 weeks before the intended date when thearticle or substance is to be applied, in a newspaper circulatingin the area in which the place is situated, a notice specifying thefollowing information: 5

"(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 10known features) of the place to which the article orsubstance is to be applied:

"(d) The name and address of the person or body responsiblefor the application of the article or substance."


71A. Assistance in exercising powers-Section 115 (b) ofthe principal Act is amended by omitting the words "machineor device", and substituting the word "thing".

1

72. Power to seize and dispose of unauthorisedgoods-The principal Act is amended by repealing 20section 116, and substituting the following section:

"116. (1) Any inspector lawfully exercising a power underany of sections 19 (2), 31, 34 (5), 109, 111, 113, 114, or 120 may seize-

"(a) Any unauthorised goods:"(b) Any goods where an inspector has reasonable grounds 25

to suspect-li) 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 30goods.

"(2) A chief technical officer may, either generally or in anyparticular case, give any reasonable directions as to the disposalof, the treatment of, or any other dealing with, any goodsseized in accordance with subsection (1); and any person may 35dispose of, treat, or otherwise deal with any such goodsaccordingly.

"(3) A chief technical officer may offer the importer orowner of any goods imported into New Zealand and seizedunder subsection (1) the option of exporting or returning the 40goods to their place of origin provided that the importer or


owner undertakes the payment of any costs associated with theexport or return of the goods.

"(4) A chief technical officer may permit goods seized underthis section to be held in the custody of the Director-General

5 for so long as is necessary for the importer to obtain abiosecurity clearance and in such a case the estimated costsand expenses of the custody and maintenance of the goodsmust be paid in advance to the Director-General.

"(5) If an organism seized in accordance with subsection (1) is an10 endangered species as defined in section 3 of the Trade in

Endangered Species Act 1989, a chief technical officer must,after consulting the Director-General of Conservation

concerning the disposal of the organism, dispose of it as he orshe thinks fit.

15 "(6) In exercising the powers of a chief technical officer inaccordance with subsections (2), (3), and (4), a chief technical officer

must, so far as is practicable while achieving the purpose ofPart III, act in a manner that is consistent with avoiding orminimising loss to the importer or owner of goods seized in

20 accordance with subsection (1)."

73. Power to apply article or substance to place-Theprincipal Act is amended by inserting, after section 121, thefollowing section:

"121A. (1) An inspector or authorised person may, for the25 purpose of ascertaining the presence or absence of any pest or

unwanted organism, bring onto and leave for a reasonable timeat any place, any article or substance.

"(2) An article or substance brought onto or left at any placemust have a volume no greater than 1 cubic metre unless the

30 article or substance is specified in regulations made under thisAct.

"(3) No person may, without reasonable excuse, move orinterfere with any article or substance left at a place by aninspector or authorised person pursuant to this section."

35 74. Prohibition or control of certain tests-The

principal Act is amended by inserting, after section 12 lA (asinserted by section 73), the following section:

"121B. (1) The Governor-General may by Order in Council,prohibit any test, or control the use of any test by making that

40 test subject to conditions imposed by a chief technical officer ifthe prohibition or control oi that test is necessary for-

"(a) The effective management or eradication of any pest orunwanted organism; or

81


"(b) The provision of assurances and certificates in relation toexports of organisms and their products.

"(2) No person may-"(a) Carry out any test prohibited by an Order in Council

made under this section: 5

"(b) Carry out any test controlled by an Order in Councilmade under this section other than in accordance

with the conditions imposed by a chief technicalofficer.

"(3) No person may act in a manner that the person knows 10or suspects is likely to alter a response to a controlled test.

"(4) For the purposes of this section "a test" means a testcarried out for any of the purposes specified in section 121 (1).

"(5) An Order made under this section is deemed to be aregulation for the purposes of the Regulations (Disallowance) 15Act 1989."

75. Power to give directions-The principal Act lSamended by repealing section 122, and substituting thefollowing section:

"122. (1) An inspector or authorised person may, whenever 20that inspector or authorised person considers it to be necessary,direct the occupier of any place, or the owner or person incharge of any organism or risk goods-

"(a) To treat any goods, or water, place, equipment, fitting,or other thing that may be contaminated with pests 25or unwanted organisms; or

"(b) To destroy(, when necessary,) any pest or unwantedorganism or any organism or organic material, orthipg that there are reasonable grounds to believeharbours a pest or unwanted organism; or 30

"(c) To take (such steps as may be necessary) steps to prevent thespread of any pest or unwanted organism.

"(2) An inspector or authorised person may by notice inwriting, direct any person who has failed to comply with a ruleincluded in a pest management strategy to comply with that 35rule."

76. Transitional facility direction-Section 125 of theprincipal Act is amended by omittin the words "quarantinefacility", and substituting the words ' transitional facility".


77. Inspection of and intervention in transitionalfacilities and containment facilities-The principal Act isamended by repealing section 126, and substituting thefollowing section:

5 " 126. (1) An inspector authorised in writing by the Director-General (or the Secretary 9/Forestry) may at any reasonable timeenter a transitional facility or a containment facility for thepurpose of confirming that the facility complies with thestandards set in accordance with section 39 or that the

10 operator is approved as the operator under section 40 for thatfacility, and the provisions of section 112 apply to any suchentry.

"(2) An inspector may exercise a power described insubsection (3) if (and only if) the inspector has reasonable grounds

15 to suspect that-"(a) A transitional facility or containment facility does not

comply with the standards approved for a facility ofthat type; or

"(b) The operator of a transitional facility or containment20 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-

25 "(a) Give a direction in writing to the operator of thetransitional facility or containment facility specifyingthe suspected failure to comply or unsatisfactorycircumstances, stating what the operator is requiredto do to remedy the situation and specifying the

30 time within which the direction must be compliedwith; or

"(b) If a chief technical officer considers that emergency orother special circumstances so require, intervenesummarily in the management or operation of the

35 transitional facility or containment facility toensure--

"(i) Compliance with the standards for thatfacility; or

"(ii) Compliance with the terms upon which the40 organism is confined to the facility.

"(4) A direction given under this section may be cancelled orvaried by a subsequent notice in writing.

83

84 Biosec'writy Amendment (No. 4)

"(5) If a direction given under this section is not compliedwith within the time specified in the notice, an inspector maytake such action as the inspector considers necessary to giveeffect to the requirements of the notice.

"(6) The costs and expenses reasonably incurred by an 5inspector in intervening summarily under subsection (3) or aninspector taking action under subsection (5) may be recoveredfrom the operator of the transitional facility or containmentfacility as a debt due to the Crown."

78. Destruction of imported organisms-Section 127 of 10the pIincipal Act is amended by-

(a) Ornitting the words "quarantine facility" wherever thewords appear, and substituting the words"transitional facility":

(b) Omitting, from subclause (1), the word "quarantine" the 15second time the word appears, and substituting thewords "that facility".

New «Inanimous)1

78A. Power to act on default-Section 128 of the principalAct is amended- 20

(a) By inserting in subsection (1), after the words "a chieftechnical officer", the words ", a principal officer":

(b) By inserting in subsection (3), after the words "chieftechnical officer", the words ", principal officer".

7813. Liens-Section 129 of the principal Act is amended by 25inserting, after the words "recoverable by a", the words "chieftechnical officer, principal officer, or".1

79. Declaration of restricted place-(1) Section 130 of theprincipal Act is amended by repealing subsection (1), andsubstituting the following subsection: 30

"(1) If an inspector or authorised person believes or suspectson reasonable rounds that a pest or unwanted organism is orhas been in a place, the inspector or authorised person may, bynotice given in accordance with subsections (2) and (3), declarethat place and any other place in the neighbourhood the 35inspector or authorised person considers necessary to be arestricted place."

5

10

25

30


New (Unanimous)1

(2) Section 130 (2) of the principal Act is amended byinserting, after the words "a chief technical officer", the words", a principal officer,".

New

1 1

(3) Section 130 of the principal Act is amended by inserting,after subsection (4), the following subsection:

"(4A) Where the agent or employee of an occupier to whoma notice has been given under subsection (1) acts in breach ofsubsection (4), that action is deemed to be an action of theoccupier unless the occupier had given a copy of the noticeunder subsection (1), to that agent or employee before theagent or employee breached subsection (4)."1 1

79A. Declaration of controlled area-Section 131 (3) of15 the principal Act is amended by repealing paragraph (b), and

substituting the following paragraph:"(b) The organisms, organic material, risk goods, or other

goods within the controlled area that are specified inthe notice, must be subject to such treatment and

20 procedures as are specified in the notice."1

New

1 1

798. Road blocks, cordons, check-points, etc-(1) Section132 of the principal Act is amended by repealing subsection (2)and substituting the following subsection:

"(2) A District Court Judge may, on the written application(made on oath) of a chief technical officer, issue a warrantauthorising the establishment of controls in relation to a placeor area, if the District Court Judge is satisfied that-

"(a) Attempts are being made to manage or eradicate a pestor unwanted organism; and

"(b) There are reasonable grounds to SuspeCt that the pest orunwanted organism is present within the place orarea; and

85

1 1


New

1

"(c) The pest or unwanted organism is not known to bepresent in the places or areas that are adjacent tothe place or area; and

"(d) It is necessary to establish controls in order to- 5"(i) Prevent or limit the risk of the pest or

unwanted organism spreading beyond the place orarea if any spread of the organism wouldsignificantly affect the likely success of themanagement or eradication of the pest or unwanted 10organism; or

"'

lii) Otherwise avoid significant prejudice to themanagement or eradication of the pest or unwantedorganisrn.

(2) Section 132 of the principal Act is amended by omitting, 15from subsection (7), the words "power of inspection", andsubstituting the word "powers".

(3) Section 132 of the principal Act is amended by repealingsubsection (8), and substituting the following subsections:

"(8) A member of the Police who has stopped or detained a 20vehicle, conveyance, or craft, under subsection (7), may-

"(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- 25"(i) Any organism that is the pest or unwanted

organism in respect of which the warrant concernedwas issued; or

"(ii) Any thing that may harbour or contain thepest or unwanted organism in respect of which thewarrant concerned was issued; or

"(iii) Any thing that, if moved beyond the control,would be moved in breach of section 130 (4); or

"(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 anyparticular case, give any reasonable directions as to the disposalof, the treatment of, or any other deing with, any organismor other thing seized in accordance with subsection (8); and anyperson may dispose of, treat, or otherwise deal with any suchorganism or thing accordingly.

1

30

35

40

5


New

"(88) In exercising the powers of a chief technical officer inaccordance with subsection (SA), a chief technical officer must, so

far as is practicable without significantly prejudicing thesuccessful management or eradication of the pest or unwantedorganism concerned, act in a manner that is consistent withavoiding or minimising loss to the owner or person in charge ofthe organism or other thing that was seized.

53

1 1

80. Enforcement of area controls-(1) Section 134 of the10 principal Act is amended by inserting, after subsection (1), the

tollowing subsection:"(lA) Every owner or person in control of an organisrrh

organic material, risk goods, or other goods, in respect of whichtreatment and procedures are specified by a notice under

15 section 131 (3), must carry out the treatment and proceduresspecified in the notice."


(2) Section 134 (3) of the principal Act is hereby amended byomitting the words "the Minister", and substituting the words

20 "a Minister".

New (Unanimous)

1

(2) Section 134 (2) of the principal Act is amended byomittin the words "and other risk goods", and substituting thewords ' risk goods, or other goods".

25 (3) Section 134 (3) of the principal Act is amended-(a) By omitting the words "the Minister", and substituting

the words "a Minister".

(b) By omitting the words "or other risk goods", andsubstituting the words "risk goods, or other goods".

1

87

i 1


New

1 1

8OA. Contents of levy order-Section 140 (2) of theprincipal Act is amended by adding the following paragraph:

"(d) The holding of funds from which payments of levy areto be made, on trust in separate accounts."

808. Trust accounts for levy money payable toDirector-General-The principal Act is amended by insertingafter section 140, the following section:

"14OA. (1) Where an order under section 137 provides thatfunds from which payments of levy are made are to be held on 10trust in separate accounts, the persons responsible forcollecting the levy must each keep a bank account (in thissection referred to as a trust account) at a registered bankwithin the meaning of the Reserve Bank of New Zeahnd Act1989; and 15

"(a) Ensure that the account is so named as to identify that itis a trust account kept by the person responsible forcollecting 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 20

required to be deposited by subsection (3); and"(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 forcollecting the levy. 25

"(2) For the purpose of this section, the amount outstandingto the Director-General by a person responsible for collectingthe levy on any day is the remainder obtained by subtracting-

"(a) The total of all amounts of levy paid by that person tothe Director-General before that day calculated on 30the basis specified in the order under section 137;from

"(b) The total of all amounts required by subsection (3) to bedeposited in the trust account by the personresponsible for collecting the levy not later than aday before that day.

"(3) Where a person is responsible for collecting a levy, thatperson must deposit an amount equal to the levy calculated onthe basis provided for in the order under section 137 in the1 1

5

35

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15

20

25

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New

trust account on the day or days specified in that order or on aday or days calculated in accordance with that order.

"(4) There is deemed to be held on trust for the Director-General as levy money-

"(a) The amount outstandin to the Director-General by theperson responsible Tor collecting the levy held in thetrust account specified in the order undersection 137; or

"(b) Where the amount held in the account is less than theamount outstanding, all the money in the account.

"(5) Money deemed by subsection (4) to be held on trust-"(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 forcollecting a levy must continue to maintain the trust accountreferred to in this section until all the levy money payable tothe Director-General in respect of the period during which thatperson was responsible for collecting the levy has been paid.

"( 7) Nothing in subsection (6) limits or affects any obligation orliability under this Act of any person who has becomeresponsible for collecting the levy."

80£. New provisions for auditing levies payable toDirector-General-The principal Act is amended byinserting, after section 141, the following sections:

"141A. Orders to provide for records to be kept forDirector-General's levy-For the purpose of ascertainingwhether or not an order under section 1 37 is being compliedwith, the order must provide for-

"(a) The keeping of statements, accounts, and records ofspecified classes or descriptions by the Director-General, persons responsible for collecting the levy,and persons responsible for paying the levyconcerned, or any of them; and

"(b) Any such statements, accounts, or records to be retainedfor a specified period.1 1

89

i 1

90 Biosecwrity Amendment (No. 4)

New

1 1

"1418. Compliance audits for Director-General's levy-(1) While an order under section 137 is in force, the Ministermay, at the request of the Director-General, appoint one ormore Auditors to conduct an audit of the affairs ot all or any of 5the following:

"(a) Some or all of the persons responsible for collecting thelevy:

"(b) Some or all of the persons responsible for paying thelevy. 10

"(2) While an order under section 137 is in force, theMinister may, if an arbitrator has been appointed to resolve adispute, appoint an Auditor to conduct an audit of all or any ofthe persons involved in the dispute.

"(3) No person is qualified for appointment as an Auditor 15unless the person is a chartered accountant (within themeaning oi section 19 of the Institute of CharteredAccountants of New Zealand Act 1996) or a member, fellow, orassociate of an association of accountants constituted in some

part of the Commonwealth outside New Zealand, and for the 20time being approved for the purpose of the audit of companyfinancial statements by the Minister of the Crown who, underthe authority of any warrant or with the authority of the PrimeMinister, is for the time being responsible for theadministration of the Companies Act 1993, by notice published 25in the Gazette.

"(4) No officer or employee of any of the following personsor organisations may be appointed an Auditor:

"(a) The Director-General:

"(b) Any person responsible for collecting the levy under the 30order concenned:

"(c) Any person responsible for paying the levy under theorder concenned.

"(5) Every person appointed as an Auditor is entitled toremuneration (paid by the Director-General) as provided in therelevant levy order.

"(6) For the purposes of sections 141c and 141D, 'auditor' means aperson for the time being appointed under subsection (1) orsubsection (2) of this section.

1 1

35

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New

1 1

"141c. Purpose of compliance audits for Director-General's levy-(1) The purpose of an audit conducted by anAuditor appointed under section 141 B ( 1) is (so far as ispracticable) to ascertain in respect of the affairs of the personswhose affairs are to be audited, and report to the Ministerresponsible for the order on, as many of the following mattersas are relevant to those affairs:

"(a) The extent to which persons responsible for paying thelevy concerned are doing and have done so:

"(b) The extent to which appropriate amounts of the levyconcerned are being and have been paid:

"'

lc) The extent to which appropriate amounts of the levyconcerned are being and have been collected:

"(d) The extent to which appropriate amounts of the levyconcerned are being and have been paid over to theDirector-General by persons collecting it:

"(e) The extent to which statements, accounts, and recordsare being and have been kept:

"(f) The extent to which statements, accounts, and recordsthat are being and have been kept are being andhave been properly kept.

"(2) The purpose of an audit conducted by an Auditorappointed under section 1418 (2) is (so far as is practicable) toascertain in respect of the affairs of the parties to the dispute,and report to the arbitrator concerned, the Minister responsiblefor the order, and those parties on, the matters of fact that arein dispute.

"141 D. Power of Auditors to require production ofstatements and records-(1) For the purposes of conductingan audit, any Auditor specifically or generally authorised inwriting in that behalf by a Minister may from time to timerequire any person (being the Director-General, a personresponsible for collecting levies, a person responsible for payinglevies, or any employee or officer of the Director-General, orany such person) to produce for inspection within a reasonableperiod specified by the Auditor any statements, accounts, andrecords in the possession or under the control of that person(being statements, accounts, or records that are required to bekept under this Act or by an order), and may take copies of orextracts from any such document.1 1

91


New

1 1

"(2) Every authorisation under subsection (1) must contain-la) 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 5

subsection (1).

"(3) Subject to section 141c (2), except in respect of a prosecutionunder this Act or an action for the recovery of any amount dueunder this Act, no Auditor who exercises powers under thissection may disclose to any other person (other than a Minister 10or a person authorised in that behalf by a Minister) anyinformation obtained by the Auditor as a result of the exerciseof the power.

"(4) Notwithstanding subsection (3), the Official InformationAct 1982 applies in respect of any information held by a 15Minister that was obtained pursuant to this section."1 1

81. Resolution of disputes-(1) Section 142 of theprincipal Act is amended by omitting the word "mediators"every time the word appears, and substituting the word"arbitrators". 20

(2) Section 142 of the principal Act is amended by omittingthe word "mediation" from paragraph (d), and substituting theword "arbitration".

PART 7

EXIGENCY ACTIONS 25

82. Declaration of biosecurity emergency-(1) Section144 (1) of the principal Act is amended by omitting the words"the Minister", and substituting the words "a Minister".

(2) Section 144 (1) (b) of the principal Act is amended-(a) By omitting the word "prevent,": 30(b) By omitting the word "prevented,".

83. Emergency powers-Section 145 of the principal Act is"

amended by omitting the word preventing, whenever theword occurs.

84. Biosecurity emergency regulations-Section 150 of 35the principal Act is amended by omitting the word"prevention" wherever the word occurs.

30

35

40


85. Provisional control action-The principal Act isamended by repealing section 152, and substituting thefollowing section:

"152. (1) If a Minister suspects on reasonable grounds that a5 pest or unwanted organism may be present in New Zealand

Dut is unable to conflrm the suspicion until further informationis available to enable identification of the organism andconsideration of the appropriate means of eradicating ormanaging the organism, and the Minister believes on

10 reasonable grounds that sufficient powers are not otherwiseav:, i 12 ble under the Act to prevent the spread or developmentof the organism, the Minister may by written notice to a chieftechnical officer declare a provisional control programme.

"(2) A notice given under subsection (1) must-15 "(a) Specify the steps that the Minister believes are necessary

or desirable to provisionally control the spread ordevelopment of the suspected organism; and

"(b) Authorise the chief technical offlcer to direct anyinspector or authorised person to carry out the steps

20 specified in the notice in such a manner as the chieftechnical officer thinks fit, and the inspector orauthorised person may act accordingly.

"(3) A provisional control programme declared inaccordance with this section may remain in force for such

25 period not exceeding 60 days as the Minister believes onreasonable grounds to be necessary and the Minister mayextend the programme for one further period not exceeding60 days."


86. Compensation following provisional control-Theprincipal Act is hereby amended by repealing section 153, andsubstituting the following section:

"153. (1) Aperson whose goods are destroyed or damaged inthe course of action taken pursuant to a provisional controlprogramme under section 152 of this Act is entitled tocompensation for verifiable losses suffered by that personwhich arise from action taken under the programme.

"(2) The compensation payable under this section shall bepaid from money appropriated by Parliament for the purposeand shall be of such an amount that the person to whom it ispaid will be in no better or worse position than any person who

93



is not directly affected by actions taken under the provisionalcontrol programme.

"(3) Compensation shall not be paid under this section to anyperson- 5

"(a) Who fails to comply with the provisions of this Act or theregulations; or

"(b) In respect of loss suffered before the time when actionunder the provisional control programme is takenon a place occupied by the person." 10I I

PART 8

ENFORCEMENT, OFFENCES, AND PENALTIES

87. Offences-(1) Section 154 (n) of the principal Act isamended by omitting the expression "and 51 (2)", andsubstituting the expression "51 (2) and 1218 (2)1 15

(2) Section 154 of the principal Act is amended by repealingparagraph (o), and substituting the following paragraph:

"(o) Fails or refuses to comply with any of sections 19,34,35,36, (37 (9)) 370 , 40 (6), 43, 48, 51 (3), 121 (2),121A (3), and 132 (9):". 20

(3) Section 154 of the principal Act is amended by adding thefollowing paragraphs:

"(q) (Knowingly)Without reasonable excuse fails to complywith a strategy rule included in a national pestmanagement strategy where that rule specifies that 25a breach of the rule creates an offence under this

paragraph:"(r) (Knowingly)Without reasonable excuse fails to comply

with a strategy rule included in a regional pestmanagement strategy where that rule specifies that 30a breach of the rule creates an offence under this

paragraph."

New (Unanimous)

1

(4) Section 154 of the principal Act is amended by adding thefollowing paragraph: 35

1


New (Unanimous)

"(s) Erroneously declares, in circumstances where thatperson is required to make a declaration in relation togoods specified in that declaration, that he or she is

5 not in possession of any or all of those goods."

New

(5) Section 154 of the principal Act is amended by adding thefollowing paragraphs:

"(t) Knowingly fails to comply with any provision of this Act10 relating to the holding of levy money in trust

accounts:

lu) Fails to keep or properly maintain statements, accounts,or records of any leviable activity carried on by thatperson sufficient to satisfy the requirements of any

15 order made under section 90 or section 137:

"(v) Refuses or fails, without reasonable excuse, to complywith any requirement made under section 95D (1) orsection 141D (1)."

88. Proof of permission-Section 155 of the principal Act20 is amended by omittin the words "authorised officer", and

substituting the words ' authorised person".

89. Penalties-The principal Act is amended by repealingsection 157, and substituting the following section:

"157. (1) Every person who commits an offence against any25 of paragraphs (f), (g), (h), (i), (j), (k), (1), ((and (m))) or (m) of

section 154 is liable on conviction on indictment,-

"(a) In the case of an individual person, to imprisonment fora term not exceeding 5 years, a fine not exceeding$100,000, or both:

30 "(b) In the case of a corporation, to a fine not exceeding$200,000.

"(2) Every person who attempts to commit an offenceagainst section 154 (f) is liable on conviction,-

"(a) In the case of an individual person, to imprisonment for35 a term not exceeding 5 years, a fine not exceeding

$ 100,000, or both:

95

1 1

1 1


"(b) In the case of a corporation, to a fine not exceeding$200,000.

"(3) Every person who commits an offence against any ofparagraphs (a), (b), (c), ((and (n))) (n), or (t) of section 154 isliable on summary conviction,- 5

"(a) In the case of an individual person, to imprisonment fora term not exceeding 12 months, a fine notexceeding ($15,000) $50,000, or both:

"(b) In the case of a corporation, to a fine not exceeding($75,000) $100,000. 10

"(4) Every person who commits an offence againstparagraph (d)or paragraph (e) of section 154 is liable onsummary conviction,-

"(a) In the case of an individual person, to imprisonment fora term not exceeding 3 months, a fine not 15exceeding ($15,000) $50,000, or both:

"(b) In the case of a corporation, to a fine not exceeding($75,000) $100,000.

"(5) Subject to section 159, every person who commits anoffence against any of paragraphs (o), (p), (q), ((or (r))) (r), (u),or 20(y) of section 154 is liable on summary conviction,-

"(a) In the case of an individual person, to a fine notexceeding ($1,000) $5,000:

"(b) In the case of a corporation, to a fine not exceeding($5,000) $15,000. 25

"(6) Every person who commits an offence against anyregulations made under this Act is liable on summaryconviction,-

"(a) In the case of an individual person, to a fine notexceeding ($1,000) $5,000: 30

"(b) In the case of a corporation, to a fine not exceeding($5,000) $15,000.

New (Unanimous)1

"(7) Subject to section 160A, every person who commits anoffence against paragraph (s) of section 154 is liable on summary 35conviction to a fine not exceeding $400."

89A. Procedure for certain declaration offences-The

principal Act is amended by inserting, after section 160, theiollowing section:

1


New (Unanimous)1

"160A. (1) Where an offence against section 154 (s) is alleged tohave been committed by any person (in this section referred toas 'the defendant'), an inspector (in this section referred to as

5 'the informant') may prepare a notice of prosecution in respectof the alleged offence in accordance with section 20A (2) ot theSummary Proceedings Act 1957.

"(2) The notice prepared under subsection (1) must specify thematters set out in section 2OA (3) of the Summary Proceedings

10 Act 1957 and, in addition, must notify the defendant of thedefendant's ability to elect to pay an instant flne in accordancewith subsection (6).

"(3) The informant must serve a copy of the notice on thedefendant.

15 "(4) Where a notice of prosecution is served on a defendantin accordance with subsection (3), the notice is deemed, for thepurposes of section 20A (2) of the Summary Proceedings Act1957, to have been filed at the nearest District Court and tohave been served on the defendant in accordance with section

20 20A (4) of that Act.

"(5) The informant must, as soon as practicable after servingthe notice of prosecution on the defendant, flle a copy of thenotice in the nearest District Court.

"(6) Where a defendant has been served with a notice of25 prosecution under subsection (3), the defendant may forthwith

elect to pay an instant fine of $200."(7) Where a defendant elects to pay an instant fine in

accordance with subsection (6), the payment has effect as if thedefendant had pleaded guilty to the offence and had been dealt

30 with by the Court."(8) If the defendant does not elect to pay an instant fine in

accordance with subsection (6), section 20A of the SummaryProceedings Act 1957 applies with all necessary modifications;and section 20A (5) is to be read as if the reference to '28 days'

35 is a reference to '14 days'."

90. Evidence in proceedings-The principal Act isamended by repealing section 161, and substituting thefollowing section:

97

98 Biosecurity Amendment <No. 4)

"161. (1) In any proceedings for an offence against this Actor agamst any regulations made under this Act, a certificatethat complies with subsection (4) and to which subsection (2)applies-

"(a) Is admissible in evidence; and 5"(b) Is, in the absence of proof to the contrary, sufficient

evidence of the matters stated in it.


"(2) This subsection applies to any certificate of one or moreof the following kinds: 10

"(a) A certificate purporting to be signed by the principalofficer of a regional council, stating that a documentattached to the certificate is-

li) A regional pest management strategy madeby the council under section 80 (3); or 15

"(ii) An amendment to such a strategy:"(b) A certificate purporting to be signed by the Director-

General or the Secretary of Forestry, stating that aperson specified in the certificate is-

"(i) A chief technical officer appointed under 20section 101 (1); or

"(ii) A deputy chief technical officer appointedunder section 102 (1) of this Act:

(c) A certificate purporting to be signed by a chief executiveother than the Director-General or the Secretary of 25Forestry, stating that a person specified in thecertificate is a chief technical ofEcer appointedunder section 101 (2) in relation to a national pestmanagement strategy or a small-scale managementprogramme specified or described in, or attached to, 30the certificate:

"(d) A certificate purporting to be signed by a chief technicalofficer appointed under section 101 (1), stating thata person specified in the certificate is-

"(i) An inspector or authorised person appointed 35by that chief technical officer under subsection(1) (a) of section 103; or

"(ii) An authorised person appointed by that chieftechnical officer under section 103 (1) (b) in relationto a national pest management strategy specified or 40described in, or attached to, the certificate:


Struck Out (Unanimousj

"(e) A certificate purporting to be signed by a chief technicalofilcer appointed under section 101 (2), stating thata person specified in the certificate is an authorised

5 person appointed by that chief technical officerunder subsection (2) of section 103 in relation to anational pest management strategy or small-scalemanagement programme specified or described in,or attached tO, the certificate:

10 "(f) A certificate purporting to be signed by the principalofficer ot a regional council, stating that a personspecified in the certificate is an authorised personappointed by that principal officer undersubsection (3) of section 103 in relation to a regional

15 pest rnanagernent strategy or small-scale

management programme specified or described in,or attached to, the certificate:

"(g) A certificate purporting to be signed by any personauthorised by this Act, the State Sector Act 1988, or

20 the Local Government Act 1974 to delegate to anyperson (or people of any kind or description) theexercise or performance of any power or functionunder this Act stating that-

"(i) The person has delepted the exercise or25 performance of a power or tunction under this Act

specified in the certificate to a person specified inthe certificate; or

"(ii) The person has dele»ted the exercise orperformance of a power or iunction under this Act

30 specified in the certificate to people of a kind ordescription pecified in the certificate, and that aperson specined in the certificate is a person of thatkind or description:

"(h) A certificate purporting to be signed by the Director35 General, stating that a place specified in the

certificate is:

"(i) A biosecurity control area; or

"(ii) A transitional facility approved for use or usesspecified in the certificate; or

40 llii) A containment facility.1

99


New (Unanimous)

1

"(2) This ((subsection)) section applies to any certificate of 1 ormore of the following kinds:

"(a) A certificate purporting to be signed by the principalofficer of a regional council stating that a document 5attached to the certificate is-

K'

li) A regional pest management strategy made bythe council; or

6/••

l11) An amendment to such a strategy:"(b) A certificate purporting to be signed by the Director- 10

General stating that a person specified in thecertificate is-

"(i) A chief technical officer appointed under section101 (1); or

"(ii) A deputy chief technical officer appointed 15under section 102:

"(c) A certificate purporting to be signed by the chiefexecutive of a department stating that a personspecified in the certificate is-

"(i) A chief technical officer appointed under section 20101 (2); or

"(ii) A deputy chief technical officer appointedunder section 102:

"(d) A certificate purporting to be signed by a chief technicalofficer appointed under section 101 (1) stating that the 25person specified in the certificate is-

li) An inspector or authorised person appointedby that chiet technical officer under section 103 (1) (a);or

66/••

l11) An authorised person appointed by that chief 30technical officer under section 103 (1) (b) in relation to the

national pest management strategy described in, orattached to, the certificate:

"(e) A certificate purporting to be signed by a chief technicalofFlcer appointed under section 101 (2) stating that the 35person specified in the certificate is-

li) An inspector or authorised person appointedby that chief technical officer under section 103 (2) (a); or

66/••

l11) An authorised person appointed by that chieftechnical officer under section 103 (2) (b) in relation to the 40

national pest management strategy described in, orattached to, the certificate:

Biosecwrity Amendment (No. 4)

New (Unanimous)

101

"(f) A certificate purporting to be signed by the principalofficer of a regional council stating that a personspecified in the certificate is an authorised person

5 appointed by that principal officer under section 103 (3)in relation to a regional pest management strategy orsmall-scale management programme specified ordescribed in, or attached to, the certificate:

"(g) A certificate purporting to be signed by any person10 authorised by this Act, the State Sector Act 1988, or

the local Government Act 1974 to delegate to anyperson (or people of any kind or description) theexercise or performance of any power or functionunder this Act stating that-

15 li) The person has delegated the exercise orperformance of the power or function under this Actspecified in the certificate to the person specified inthe certificate; or

lii) The person has delegated the exercise or20 performance of the power or function under this Act

specified in the certificate to people of a kind ordescription specified in the certificate, and that aperson specified in the certificate is a person of thatkind or description:

25 "(h) A certificate purporting to be signed by the Director-General stating that a place specified in the certificate15-

"(i) A biosecurity control area; or"(ii) A transitional facility approved for use or uses

30 specified in the certificate; orllii) A containment facility:

"(i) A certificate purporting to be signed by a chief technicalofficer or the chief executive of a managementagency stating that-

35 (1) An area specified in the certificate is an areacontrolled for the purposes of section 131; and

"(ii) The movement into, within, or from thecontrolled area of the organisms, organic material,risk goods, or other goods specified in the certificate

40 is restricted, regulated, or prohibited, in the manner,to the extent, and subject to the conditions specifiedin the certificate; and

1

1


New (Unanimous)1

"(iii) The organisms, organic material, risk goods,or other goods specified in the certificate are subjectto the treatment and procedures specified in thecertificate." 5

"(3) The production of a document purporting to be acertificate to which subsection (2) applies is prima facie evidencethat it is such a certificate, without proof of the signature of theperson purporting to have signed it.

"(4) A certificate to which subsection (2) applies is not 10admissible in evidence unless-

"(a) At least 14 days before the hearing at which thecertificate is to be tendered, a copy is served, by oron behalf of the prosecutor, on the defendant or thedefendant's agent or counsel, and that person is at 15the same time informed in writing that theprosecutor does not propose to call the person whosigned the certificate as a witness at the hearing; and

"(b) The Court has not, on the application of the defendantmade not less than 7 days before the hearing, 20ordered, not less than 4 days before the hearing (orsuch lesser period as the Court in the specialcircumstances of the case thinks fit), that thecertificate should not be admissible as evidence in

the proceedings. 25"(5) The Court must not make an order under subsection

(4) (b) unless it is satisfied that there is a reasonable doubt as tothe accuracy or validity of a certificate."

PART 9

MISCELLANEOUS PROVISIONS

New (Unanimous)

1

90A. Compensation-(1) The principal Act is amended byinserting at the beginning of Part IX, before section 163, thefollowing section:"162A. (1) Where- 35"(a) Powers under this Act are exercised for the purpose of

the management or eradication of any ((unwanted))organism; and

1

30

BiosecuTity Amendment (No. 4)

New (Unanimous)

103

"(b) The exercise of those powers causes verifiable loss as aresult of--

"(i) The damage to or destruction of a person's5 property; or

"(ii) Restrictions, imposed in accordance with PartVI or Part VII, on the movement or disposal of aperson's goods,-

that person is entitled to compensation for that loss.10 "(2) The compensation payable under this section must be of

such an amount that the person to whom it is paid will be in nobetter or worse position than any person whose property orgoods are not directly affected by the exercise of the powers.

"(3) Compensation payable by a Minister or by a chief15 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 or20 uncleared goods; or

"(b) In respect of a loss suffered before the time when theexercise of the powers commenced; or

"(c) Who has failed to comply with this Act or regulationsmade under this Act and whose failure has been

25 serious or significant or has contributed to thepresence of the organism or to the spread of theorganism being managed or eradicated.

"(5) Any,dispute concerning the eligibility for, or amount of,compensation must be submitted to arbitration and the

30 provisions of the Arbitration Act 1996 apply."(6) Nothing in this section applies to any loss suffered by

any person as a result of the exercise of powers under this Actto implement a pest management strategy.

(2) Sections 127 (3), 149, 150 (3) (c), (d), and (e), and 153 are35 consequentially repealed.

91. New sections inserted-The principal Act is amendedby inserting, after section 164, the following sections:

"164A. Procedure for giving directions or makingrequirements-(1) A direction may be given or a requirement

40 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; orliii) By sending the notice by pre-paid post to the 5

person at the usual or last known place cd residenceor business of the person; or

New (Unanimous)

1 1

"(iv) By sending the notice by facsimile to theperson's usual or last known place of residence or 10business:

1 1

"(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 15

known place of residence or business of an officer ofthe body; or

"(iii) By sending the notice by pre-paid post to anofficer of the body at the usual or last known placeof residence or business of that person; or 20

"(iv) By delivery of the notice to the registeredoffice of the body; or

"(v) By sending the notice by pre-paid postaddressed to the body at the registered office ot thebody; or 25

New (Unanimous)

"(vi) By sending the notice by facsimile to theregistered office of the body:1 1

"(c) To a partnership,-"(i) By delivering the notice to any one of the 30

partners; or"(ii) By delivering the notice to the usual or last

known place of residence or business of any one ofthe partners; or

"(iii) By sending the notice by pre-paid post to any 35one of the partners at the usual or last known placeof residence or business of that person; or

"(iv) By delivery of the notice to the usual or lastknown place of business of the partnership; or

5

10

15

20

25

30

35


"(v) By sending the notice by pre-paid postaddressed to the usual or last known place ofbusiness of the partnership; or

New (Unanimous)

"(vi) By sending the notice byusual or last known place otpartnership:

facsimile to the

business of the

"(d) To a Minister of the Crown,-

"(i) By personal delivery to the chief executive ofthe appropriate department; or

"(ii) By delivery to the head office of theappropriate department; or

"(iii) By sending the notice by pre-paid postaddressed to the head office of the appropriatedepartrnent; or

New (Unanimous)

"(iv) By sending the notice by facsimile to thehead offlce of the appropriate department.

"(2) Where reasonable attempts have been made to find theoccupier of a place and no occupier can be found, a writtennotice under this section may be delivered to the occupier ofthat place by afflxing the notice in some conspicuous locationin or on the place.

"(3) Where a written notice is delivered in accordance withthis section by post, the direction or requirement contained inthe notice is deemed to be given or made at the time at whichthe notice would have been delivered in the ordinary course ofthe post in the absence of evidence to the contrary.

"1648. Application of section 164A-Section 164A of thisAct-

' (a) May, if the provisions of that section are consistent witha procedure specified in the Act for giving adirection or making a requirement, apply inaddition to that procedure:

"(b) May apply where the Act does not specify anyprocedure for giving any direction or making anyrequirement:

1

1

1

1 1


"(c) Does not require any direction to be given orrequirement to be made in accordance with thatsection."

92. Registration of unwanted organisms-The principalAct is amended by adding, after section 1648 (as inserted by 5section 91 of this Act), the following section:

"164c. (1) Where a chief technical officer has formed thebelief that makes an organism an unwanted organism thatchief technical officer must notify the Director-General that theorganism is an unwanted organism. 10

"(2) The Director-General must keep a register of allorganisms notified to the Director-General in accordance withsubsection (1).

"(3) The register is available for public information andinspection at the office of the Director-General during normal 15ofRce hours.

"(4) Where a chief technical officer fails to notify theDirector-General in accordance with this section, that failuredoes not invalidate the chief technical officer's belief that

makes the organism an unwanted organism." 20

93. Regulations


(1) Section 165 of the principal Act isarnended--

(a) By omitting the word "licences"(b) By repealing paragraph (u).

New (Unanimous)

from paragraph (b): 25

(1) Section 165 of the principal Act isarnended--

(a) By omitting the words "made on the recommendation of 30the Minister after consulting such persons as theMinister has reason to believe are representative ofinterests affected by the regulations":

(b) By omitting the word "licences" from paragraph (b).1 1

(2) Section 165 of the principal Act is amended by repealing 35paragraph (k), and substituting the following paragraph:

5

10

15

20

25

30

35


"(k) Requiring the identification of, and prohibiting,regulating, or controlling the use of organic materialincluding the prohibition or regulation of organicmateiial as food for organisms:".

(3) Section 165 of the principal Act is amended by inserting,after paragraph (r), the following paragraph:

"(ra) Prescribing articles or substances which may be left onany place for the purpose of ascertaining thepresence or absence ot any pest or unwantedorganism:".

New (Unanimous)

1

(4) Section 165 of the principal Act is amended by adding thefollowing subsection:

"(2) Before making any recommendation for the purposes ofsubsection (1), the responsible Minister must consult to theextent that is reasonably practicable, having regard to thecircumstances of the particular case, such persons as theresponsible Minister has reason to believe are representative ofinterests likely to be substantially affected by the regulations."

(5) Section 165 of the principal Act is amended-(a) By inserting in paragraph (s), after the words "the

regulations", the words "and any pest managementstrategy :

(b) By repealing paragraph (u).1

New

1 1

93A. Amendment to Local Government Act 1974-

Section 710 (5) of the Local Government Act 1974 is amendedby adding the following paragraph:

"(c) Any inspector or authorised person acting under anypower conferred by the Biosecurity Act 1993."1 1

PART 10

SAVINGS AND TRANSITIONAL PROVISIONS

94. Saving of section of Apiaries Act 1969-(1) Section 171 of the principal Act is amended by inserting,after the expression "33,", the expression "46 (a),".


New (Unanimous)

(lA) The Third Schedule of the principal Act is amended byinserting, in the provision relating to the Apiaries Act 1969before the expression "(aa)", the expression "(a),".1 1

(2) Regulation 3 of the Biosecurity (Transition and Savings) 5Regulations 1996 (S.R. 1996/123) is revoked.

95. Saving of New Zealand Grown Fruit and VegetablesRegulations 1975-(1) The regulations in subsection (2) of thissection, continued in force by section 173 of the principal Act,regulation 4, and the Second Schedule of the Biosecurity 10(Transition and Savings) Regulations 1996 are, except forregulation 18A, regulation 37, and so much of the SecondSchedule of the regulations as relates to certification fees,continued in force until revoked, and may be amended orrevoked by regulations made under section 16 of the Plants Act 151970.

(2)The regulations are-(a) The New Zealand Grown Fruit and Vegetables Regu-

lations 1975 (S.R. 1975/57):(b) The New Zealand Grown Fruit and Vegetables Regu- 20

lations 1975, Amendment No. 3 (S.R. 1977/209):(c) The New Zealand Grown Fruit and Vegetables Regu-

lations 1975, Amendment No. 4 (S.R. 1978/261):(d) The New Zealand Grown Fruit and Vegetables Regu-

lations 1975, Amendment No. 5 (S.R. 1985/266): 25(e) The New Zealand Grown Fruit and Vegetables Regu-

lations 1975, Amendment No. 8 (S.R. 1991/115):(f) The New Zealand Grown Fruit and Vegetables Regu-

lations 1975, Amendment No. 9 (S.R. 1992/218).


(3) So much of the Second Schedule to the Biosecurity(Transition and Savings) Regulations 1996 as relates to theregulations in subsection (2) of this section is revoked.

New (Unanimous)

(3) The following regulations are revoked: 35

25

30


New (Unanimous)

109

1

(a) Regulation 18A of the New Zealand Grown Fruit andVegetable Regulations 1975 (as inserted by regulation4 (1) of the New Zealand Grown Fruit and Vegetables

5 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 of the New Zealand Grown Fruit and

Vegetable Regulations 1975 (as inserted by regulation10 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 the Second Schedule of the New Zealand

15 Grown Fruit and Vegetable Regulations 1975 asrelates to certification fees (as inserted by regulation 2and 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

20 and Vegetable Regulations 1975, Amendment No. 9as relates to certification fees.

96. Saving of Honey Export Certification Regulations1980-(1) The Honey Export Certification Regulations 1980(S.R. 1980/263), excepting regulations 5 (2) (a) to (f) inclusive, 6,7, and 8, continued in force by section 173 of the principal Act,regulation 4, and the Second Schedule of the Biosecurity(Transition and Savings) Regulations 1996, are continued inforce until revoked, and may be amended or revoked byregulations made under section 46 of the Apiaries Act 1969.


(2) So much of the Second Schedule to the Biosecurity(Transition and Savings) Regulations 1996 as relates to theHoney Export Certification Regulations 1980 is revoked.


New (Unanimous)

(2) Regulations 5 (2) (a) to (f) inclusive, 6, 7, and 8, of theHoney Export Certification Regulations 1980 are revoked.

96A. Revocation of Biosecurity (Organisms) Order1997-The Biosecurity (Organisms) Order 1997 (S.R. 1997/17) 5is revoked.

97. Transition of import health permits-(1) Everyimport health permit issued under section 20 of the principalAct and in force at the commencement of this Act is contmued

in force- 10

(a) For 1 year fom the date of commencement of this Act;or

(b) Until the permit expires in accordance with its terms; or(c) Until the perrnit is revoked,-

whichever is the sooner, as though sections 20, 21, 23, and 24 15had not been repealed; and no inspector may give a biosecurityclearance under section 26 of the principal Act for goods towhich the permit applies, unless the inspector is satisned thatthe goods comply with the reuirements of that permit andsection 27 (b),(c),(d), and (e) or the principal Act. 20

(2) Section 176 of the principal Act (as amended by section 3of the Biosecurity Amendment Act 1993) is repealed.

98. Transition of approval of ports-Every designation ofa port as an approved place of first arrival under section 37 ofthe principal Act and in force at the commencement of this 25Act, continues in force, as though the designation of the porthad been the approval of the port as a place of first arrivalunder section 37 ot the principal Act (as substituted by section 19 ofthis Act), without limitation as to the kind or description ofcraft or the purpose of the arrival,- 30

(a) Until such time as the Director-General, after consultationwith the chief executives specified in section (37 (10))ER of the principal Act (as so substituted), issues anew approval under section 37 of the principal Act(as so substituted); or 35

(b) Until such time as the Director-General revokes the port'sapproval in accordance with section (37 (8)) E8 of theprincipal Act (as so substituted); or

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Biosecirrity Amendment (No. 4) 111

(c) Until the expiry of (1 month) 6 months from the date ofcoming into force of this Act,-

whichever is the earlier.

99. Transition for transitional facilities-(1) Everyregistration of a place as a quarantine facility under section 39of the prmcipal Act in force at the commencement of this Act,continues in force as though the place had been approved as atransitional facility, under section 39 of the principal Act (assubstituted by section 20 of this Act), for the purposes ofquarantine of the species and categories of organisms specifiedin the registration, and the provisions of section 39 of theprincipal Act (as so substituted) apply accordingly.

(2) Every registration of a place as a containment facilityunder section 39 of the principal Act in force at thecommencement of this Act, continues in force as though theplace had been approved as a containment facility, undersection 39 of the principal Act (as substituted by section 20 of thisAct), for the purposes of containment of the species andcategories of organisms specified in the registration, and theprovisions of section 39 ot the principal Act (as so substituted)apply accordingly.

(3) Where, at the commencement of this Act, a place is usedwith the approval of the Director-General for the inspection,treatment, storage, or destruction of uncleared goods, theDirector-General may, within 1 month of the date ofcommencement of this Act and at the request of the occupierof the place, approve the place as a transitional facility undersection 39 of the principal Act (as substituted by section 20 of thisAct) for the use specified in the approval, and the provisions ofthat section apply accordingly.

100. Transition of facility operators-(1) Every registra-tion of a person as a quarantine operator under section 40 of theprincipal Act in force at the commencement of this Act, con-tinues in force as though the person had been approved as theoperator of the facility specified in the registration undersection 40 of the principal Act (as substituted by section 21), and theprovisions of that section apply accordingly.

(2) Every registration of a person as a containment operatorunder section 40 of the principal Act in force at thecommencement of this Act, continues in force as thou® theperson had been approved as the operator of the iacilityspecified in the registration under section 40 of the principal Act


(as substituted by section 21 of this Act), and the provisions ofthat section apply accordingly.

(3) Where a person is the operator of a place used for thepurpose of inspection, treatment, storaB, or destruction ofuncleared goods, and that place has been approved as a 5transitional facility in accordance with section 99 (3) of this Act,the Director-General may, within 1 month of the date of theapproval given in accordance with section 99 (3) of this Act and atthe request of that person, approve the person as the operatorof that facility under section 40 of the principal Act (as substituted 10by section 21 of this Act), and the provisions of section 40 of theprincipal Act (as so substituted) apply accordingly.

101. Transition for notified pest management strate-gies-(1) Where before the commencement of this Act, aproposal for a pest management strategy has been notified in 15accordance with section 62 or section 78 of the principal Act,and the strategy has not been approved in accordance withsection 68 or section 80 of the principal Act, the Minister orregional council, as the case may be, may process that proposalunder Part V of the principal Act as though Part 5 of this Act had 20not been enacted, except that, where the provisions ofsubsection (2) of this section apply, rules may be included in theapproved strategy.

(2) Rules made for any of the purposes in section 698 orsection 808 of the principal Act (as substituted by sections 39 and 48 of 25this Act) may be included in a national pest managementstrategy or a regional pest management strategy (as the casemay be) processed in accordance with this section if-

(a) The proposal for the strategy included material that theMinister or regional council now considers 30appropriate to include in the strategy as strategyrules; and

(b) Persons likely to be affected by the strategy rules and allpersons likely to have any interest whatsoever in thestrategy rules have had an opportunity to make their 35views known on the relevant material in the proposal.

New (Unanimous)1 1

(3) This section does not apply to the proposals for pestmanagement strategies listed in section 101A.1

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101A. Transition for specified notified pestmanagement strategies-(1) The provisions of Part V oi theprincipal Act as amended by Part 5 of this Act apply to the

5 proposals for pest management strategies listed in subsection (2)from the date the Act comes into force as though the proposalshad been notified in accordance with section 62 or section 78 of the

principal Act (as amended by this Act).(2) The proposals for pest management strategies referred to

10 in this section are:

(a) The Animal Health Board's proposal for a national pestmanagement strategy for bovine tuberculosis(Mycobacterium bovis) notified in the Gazette on 16November 1995:

15 (b) The National Beekeepers' Association of New ZealandInc.'s proposal tor a national pest managementstrategy tor American foulbrood (Bacillus laruae)notified in the Gazette on 3 July 1997.

1

102. Transition for approved pest managementstrategies-(1) Where a pest management strategy is in forceat the commencement of this Act or approved in accordancewith section 101 of this Act that strategy continues in force as ifmade under the principal Act (as amended by this Act)-

(a) Until reviewed in accordance with subsection (2); or(b) Until the expiry of five 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 necessarymodifications.

(2) A pest manaement strateF continued in force underthis section, may De reviewed Dy the Minister or regionalcouncil (as the case may be) in accordance with section 88 of theprincipal Act (as substituted by section 52 of this Act) at any timebefore the expiry of the strategy and the Minister or regionalcouncil (as the case may be) may amend the strategy to specifyall the matters provided for in section 69A or section 8OA of theprincipal Act (as substituted by sections 39 and 48 of this Act).

103. Transition for small-scale management ofunwanted organisms-Where before the commencement ofthis Act, a Minister or a regional council has commenced action


under section 100 of the principal Act, the Minister or regionalcouncil may continue and complete that action as thoughsection 59 of this Act had not been enacted.

104. Transition for chief technical officers-Everyappointment of a chief technical officer under section 101 (2) of 5the principal Act in force at the time of commencement of thisAct, continues in force as though the chief technical officer hadbeen appointed under section 101 (2) of the principal Act (assubstituted by section 60 of this Act) and the provisions of thatsubsection apply accordingly. 10

105. Transition for inspectors and authorisedpersons-Every appointment of an inspector or authorisedperson under section 103 (1) of the principal Act in force at thetime of commencement of this Act, continues in force as

though the inspector or authorised person had been appointed 15under section 103 (1) (a) of the principal Act (as substituted bysection 62 of this Act), and the provisions of that section applyaccordingly.

106. Transition for provisional controls-Where, beforethe commencement of this Act, a Minister has commenced 20action under section 152 of the principal Act, the Minister maycontinue and complete that action as though section 85 of thisAct had not been enacted.

New (Unanimous)

1

106A. Amendments to Second Schedule-The Second 25

Schedule of the principal Act is amended-(a) By omittin the words "publicly notify" from clause 1,

and substituting the words "in respect of a regionalpest management strategy by publishing a notice in 1or more daily newspapers circulating within the 30council's region, or in respect of a national pestmanagement strategy by publishing a notice in 1 ormore of the daily newspapers circulating in the mainmetropolitan areas, publicly notify-":

(b) By omitting paragraph (b) from clause 2, and substituting 35the following paragraph:

"(b) Publicly notify the dates, times, and places, wherehearings will be held for a regional pest managementstrategy by publishing a notice in 1 or more of the

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1

daily newspapers circulating within the council'sregion, or in respect of a national pest managementstrategy by publishing a notice in 1 or more of the

5 daily newspapers circulating in the mainmetropolitan areas; and".

1

107. Enactments amended-(1) The Hazardous Substancesand New Organisms Act 1996 is amended-

(a) By repealing so much of the Fourth Schedule as relates to10 the Bioseculity Act 1993:

(b) By repealing so much of the Sixth Schedule as relates tothe Hamster Importation and Control Regulations1972.

(2) The Summary Proceedings Act 1957 is hereby amended15 by inserting in Part II of the First Schedule, in its appropriate

alphabetical order, the following item:

The Biosecurity Act1993

154 (f), (g), (h), (i), (j),(14 (1),(m)

Offences relating todealings with goods incontravention of the

Biosecurity Act 1993and failure to complywith ,pecified provi-Sions OI that Act

PART 11

MATTERS RELEVANT TO HAZARDOUS SUBSTANCES AND NEW

ORGANISMS AcT 1996

20 108. Interpretation-(1) Section 2 (1) of the principal Act isamended-

(a) By repenling the definition of the term "restrictedorganism"; and

(b) By repeAling the definition of the term "unwanted25 organism" (as amended by section 2 of this Act).

(2) Section 2 (1) of the principal Act is amended by insertingin their appropriate alphabetical order the definitions of thefollowing terms:

Authority' means the Environmental Risk Management30 Authority established under the Hazardous

Substances and New Organisms Act 1996:


New organism' has the same meaning as in section 2 ofthe Hazardous Substances and New Organisms Act1996:

66 4

Restricted organism' means any organism for which acontainment approval has been granted in 5accordance with the Hazardous Substances and New

Organisms Act 1996 (including any approval deemedto have been so granted under sections 254 (1),254 (3), 254 (8) (a), 255 (1), 255 (2), 256, 258 (1), and258 (3)): 10

Unwanted organism' means any organism that a chieftechnical officer believes is capable or potentiallycapable of causing unwanted harm to any naturaland physical resources or human health; and"(a) Includes- 15

"(i) Any new organism, if the Authority hasdeclined approval to import thatorganism; ana

"(ii) Any organism specified in the SecondSchedule of the Hazardous Substances and 20

New Organisms Act 1996; but"(b) Does not include any organism approved for

importation under the Hazardous Substances andNew Organisms Act 1996, unless-

"(i) The organism is an organism which has 25escaped from a containment facility; or

"(ii) A chief technical officer, after consulting theAuthority and taking into account anycomments made by the Authorityconcerning the orpnism, believes that the 30organism is capable or potentially capableof causing unwanted harm to any naturaland physical resources or human health:".


109. Organisms illegally present in New Zealand-The 35principal Act is amended by inserting, after section 25, thefollowing section:

"25A. Where, before the date of commencement of the

Hazardous Substances and New Organisms Act 1996, anyorganism was present in New Zealand, but is not provided for 40in Part XVI of that Act, that organism deemed to be uncleared1 1



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goods for the purposes of this Act; and sections 26 to 28 of thisAct apply accordingly, with all the necessary modifications.1 1

New (Unanimous)1

5 109. Organisms illegally present in New Zealand atcommencement of Hazardous Substances and New

Organisms Act 1996-The principal Act is amended byinserting, after section 185, the following section:

"185A. (1) Where, at the date of commencement of the10 Hazardous Substances and New Organisms Act 1996, any

organism is present in New Zealand in contravention of thePlants Act 1970 or the Animals Act 1967, that organism isdeemed to be uncleared goods for the purposes of this Act.

"(2) Where, at the date of commencement of the Hazardous15 Substances and New Organisms Act 1966, a genetically

modified organism is present in New Zealand and section 257of the Hazardous Substances and New Organisms Act 1996does not apply to that organism, that organism is deemed to beuncleared goods for the purpose of this Act.

20 "(3) Where section 259 of the Hazardous Substances andNew Organisms Act 1996 applies to a culture of micro-orpnisms and no application has been made in respect of thatculture of micro-organisms within 1 year of the date ofcommencement of that Act, that culture of micro-organisms is,

25 at the expiry of that year, deemed to be uncleared goods forthe purposes of this Act."

1

110. New sections inserted-The principal Act is amendedby repealing section 28, and substituting the following sections:

"28. Restrictions on giving clearances-(1) An inspector30 must not give a biosecurity clearance for goods that are or

contain an organism specihed in the Second Schedule of theHazardous Substances and New Organisms Act 1996 or for anew organism.

"(2) Where any new organism is an organism for which-


"(a) The AuthOIity has given approval for importation intocontainment in accordance with (section 45) sections42 or 45 of the Hazardous Substances and New

Organisms Act 1996: and"(b) There is in existence a containment facility approved as 5

meeting the standard set by the Authority; and"(c) The organism is able to go to that facility-

any inspector may authorise that organism to go to thatcontainment facility.

"28A. Dealing with suspected new orpnism-(1) Any 10inspector may seize any organism which tne inspector hasreason to believe may be a new organism.

"(2) The provisions of sections 116 and 117 apply to anyorganism seized under subsection (1) as if that organism wereunauthorised goods. 15

"(3) A chief technical officer may permit an organism seizedunder this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply tothe Authority for a detennination under section 26 of theHazardous Substances and New Organisms Act 1996 that the 20organism is, or is not, a new organism.

"(4) Where an organism is held in accordance with thissection, the estimated costs and expenses of the custody andmaintenance of the organism must be paid in advance to theDirector-General by the importer. 25

"(5) When the Director-General's custody of an organismceases, the Director-General must calculate the actual and

reasonable costs and expenses of holding the organism and, ifthose actual and reasonable costs-

"(a) Exceed the amount paid in accordance with subsection (4) 30of this section, the balance of the costs and expensesshall be recoverable as a debt due to the Crown

from the importer:"(b) Are less than the amount paid in accordance with

subsection (4) of this section, the overpayment shall be 35refunded to the importer.

"(6) Where any organism held under subsection (3) of thissection is declared to be a new organism, the chief technicalofficer may, either generally or in any particular case, give anyreasonable directions as to the disposal of, or any other dealing, 40with, that organism, but must not give a biosecurity clearancefor that organism."


111. Approval of transitional facilities and

containment facilities-(1) Section 39 of the principal Act (assubstituted by section 20 of this Act), is amended-

(a) By omitting, from subsection (1), the words "or for5 building, maintaining, or operating containment

facilities":

(b) By inserting in subsection (3), after the word "application"the first time the word appears, the words "forapproval of a place as a transitional facility":

10 (c) By omitting from subsection (3), the words "or as acontainment facility, as the case may be".

(2) Section 39 of the principal Act is amended by inserting,after subsection (2), the following subsection:

"(2A) The Director-General must consider every application15 for approval of a place as a containment facility made under

subsection (2) and-

"(a) If the application complies with the requirements of thisAct; and

"(b) If the place meets the relevant standards approved by20

the Authority in accordance with the HazardousSubstances and New Organisms Act 1996-

the Director-General may approve the place as a containmentfacility."

112. Noti able organisms-Section 45 of the principal Act25 is amended by adding the following subsection:

"(5) The responsible Minister must not recommend themaking of an Order under subsection (2) in respect of anyorganism which has been approved for release in New Zealandby the Authority in accordance with the Hazardous Substances

30 and New Oranisms Act 1996, unless that Minister has firstconsulted with the Authority."

113. Saving of Animals Act 1967 for limitedadministrative purposes-Section 169 of the principal Act isrepealed.

35 114. Saving of Plants Act 1970 for limitedadministrative purposes-Section 170 of the principal Act isamended-

(a) By omitting the expression "5, 7, 10 (a),"; and(b) By omitting the words "organisms not established in New

40 Zealand and".


115. Revocation of regulations-The Hamster Impor-tation and Control Regulations 1972 (S.R. 1972/214) continuedin force by section 173 of the principal Act, regulation 4, andthe Second Schedule of the Biosecurity (Transition and Savings)Regulations 1996, are revoked. 5

(2) So much of the Second Schedule of the Biosecurity(Transition and Savings) Regulations 1996 as relates to theregulations in subsection 11 ), is revoked.

116. Schedules amended-The principal Act is amended-(a) By omitting from the second column of the item relating 10

to the Animals Act 1967 in the Third Schedule of the

principal Act, the words ": Save for sections 13 (asamended by section 2 of the Animals AmendmentAct 1990) other than subsection (1 B) (a), sections 14and 15 (as amended by section 2 of the Animals 15Amendment Act 1990), 16, and 21 in so far as eachof those sections relates to organisms not establishedin New Zealand":

(b) By omitting from the second column of the item relatingto the Plants Act 1970 in the Third Schedule of the 20principal Act-

(i) The expression "5, 7, 10 (a),"; and(ii) The words "new organisms or":

(c) By repealing so much of the Seventh Schedule of theprincipal Act as relates to the Hamster Importation 25and Control Regulations 1972.

WELLINGTON, NEW ZEALAND: Published under the authority of theNew Zealand Government-1997

30708 -97,/Ns

biosecurity amendment bill (no. 4)-216-3 · 2. interpretation 3. ... 23. repeal of provisions...

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