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Biosecurity Act 1993
1: Short Title and commencement

Part 1:
Preliminary

2Interpretation 2AInterpretation of import 2BInterpretation of specified in relation to organisms 3Application of Act to syndromes of uncertain origin 4Application of Act in territorial sea 5Act binds the Crown 6Land may include parts of boundary roads 7Relationship with other enactments 7ARelationship with Resource Management Act 1991 7BRelationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 7CPublic notice of decision to exempt action 7DRegulations may continue exemption 7EBorder information supplied using JBMS must be supplied in approved form and manner 7FDuty to use JBMS to supply border information to Ministry

Part 2:
Functions, powers, and duties

Part 3:
Importation of risk goods

16Purpose of Part 3 16AGeneral duty relating to importation 16BDuty of importers to comply with import health standards 16CDuty of importers not to abandon goods

Arrival of craft

17Notice of craft's intended arrival in New Zealand 17AAInformation about biosecurity law for passengers on certain incoming craft 17AInward cargo report 18Arrival of craft in New Zealand 19Persons in charge of certain craft to obey directions of inspector or authorised person

Import health standards

20Import health permits 21Criteria for issue of import health permits 22Meaning of import health standard 22AProcess for independent review panel to be established 23From draft to recommendation 24Review 24AIssue 24BAmendment, revocation, suspension, and reinstatement 24CPublication 24DCompliance

Craft risk management standards

24EMeaning of craft risk management standard 24FFrom draft to recommendation 24GIssue 24HAmendment, revocation, suspension, and reinstatement 24IPublication 24JCompliance 24KCraft risk management plans

Clearance of risk goods

25Goods to be cleared for entry into New Zealand 26Clearances by inspectors 27Requirements for clearances 27APost-clearance conditions on clearances 28Restrictions on giving clearances 28ADealing with suspected new organism 28BBiosecurity clearance for certain new organisms and qualifying organisms 29Restricted organisms to be contained

Inspections, declarations, etc

30Uncleared imports 30AProcessing unaccompanied goods 31Boarding of craft 32Powers relating to craft 33Risk goods on board craft 34Disembarkation 35Duties of persons in biosecurity control areas 35ADuty of persons to remain in biosecurity control areas 36Movement of risk goods 37Approval of ports as places of first arrival 37AApproval of arrival of craft at port not approved as place of first arrival 37BSuspension of approval 37CPort operators 37DDirector-General to consult chief executives 38Importers' records 39Approval and cancellation of approval of transitional facilities and containment facilities 40Approval and cancellation of approval of facility operators 40ASuspension of facility approval 40BNotice requirements 40CEffect of suspension and extension 40DSuspension of operator approval 40ENotice requirements 40FEffect of suspension and extension 41Designation of quarantine area

Definitions for information-sharing provisions

41ADefinitions

Interim arrangements for information sharing

41BPurpose of sections 41C to 41E 41CInterim collection of border information 41DRequirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency 41EInterim access to border information 41FExpiry of sections 41B to 41E and agreements made under section 41E

Information sharing for joint border management

41GAAApplication of sections 41G to 41I 41GCollection of border information 41HRequirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency 41IMinistry may access border information

Part 4:
Surveillance and prevention

42Purpose of Part 4 43Duty to provide information 44General duty to inform 45Notifiable organisms 46Duty to report notifiable organisms 47Imported risk goods 48Power to require information 49Use of information 50Identification systems 51Duties relating to identification of organisms 52Communication of pest or unwanted organism 53Duties of owners of organisms

Part 5:
Pest management

54Purpose of this Part 55Responsible Minister may assign responsibility for decisions

Policy direction

56Responsible Minister provides leadership through national policy direction 57Process for making national policy direction 58Process for amending or revoking and replacing national policy direction

National pest management plans

59Definitions for sections 60 to 67 60Relationship of rules and plan with law 61First step: plan initiated by proposal 62Second step: satisfaction on requirements 63Third step: satisfaction with consultation or requirement of more consultation 64Fourth step: approval of preparation of plan and decision on management agency 65Fifth step: satisfaction on contents of plan and requirements 66Making of plan 67Exemptions from rules

Regional pest management plans

68Definitions for sections 69 to 78 69Relationship of rules with law 70First step: plan initiated by proposal 71Second step: satisfaction on requirements 72Third step: satisfaction with consultation or requirement of more consultation 73Fourth step: approval of preparation of plan and decision on management agency 74Fifth step: satisfaction on contents of plan and requirements 75Sixth step: decision on plan 76Application to Environment Court about plan 77Making of plan 78Exemptions from rules

National pathway management plans

79Definitions for sections 80 to 87 80Relationship of rules and plan with laws 81First step: plan initiated by proposal 82Second step: satisfaction on requirements 83Third step: satisfaction with consultation or requirement of more consultation 84Fourth step: approval of preparation of plan and decision on management agency 85Fifth step: satisfaction on contents of plan and requirements 86Making of plan 87Exemptions from rules

Regional pathway management plans

88Definitions for sections 89 to 98 89Relationship of rules with law 90First step: plan initiated by proposal 91Second step: satisfaction on requirements 92Third step: satisfaction with consultation or requirement of more consultation 93Fourth step: approval of preparation of plan and decision on management agency 94Fifth step: satisfaction on contents of plan and requirements 95Sixth step: decision on plan 96Application to Environment Court about plan 97Making of plan 98Exemptions from rules 99Definitions for sections 100 to 100G 100Management agencies 100APowers in Part 6 100BOperational plans 100CDuration of plans 100DReview of plans 100EReview of plans after national policy direction approved, amended, or revoked and replaced 100FApplication to Environment Court if regional plan not reviewed 100GMinor changes to plans

Councils' powers and duties relating to regional plans

100HCouncils' powers and duties

Compensation

100ICompensation

Funding of implementation of plans

100JDefinitions for sections 100K to 100S 100KLimitation on expenditure

Funding from levy

100LLevy orders 100MEffect of order 100NContents of order 100OTrust accounts for levy money 100PCompliance audits for levy 100QPower of auditors to require production of documents 100RManagement agency to account for levy 100SOrders are confirmable instruments

Funding from rates

100TRegional pest management plan or regional pathway management plan 100UNational pest management plan or national pathway management plan 100VRegional council may declare small-scale management programme 100WExercise of powers under programme

Part 5A:
Government/industry agreement for readiness or response

100XPurpose of Part 5A 100YDefinitions for Part 5A 100ZGovernment/industry agreement for readiness or response 100ZAIndustry organisation 100ZBReadiness or response levy orders 100ZCEffect of order 100ZDContents of order 100ZETrust accounts for levy money 100ZFCompliance audits for levy 100ZGPower of auditors to require production of documents 100ZHOrders are confirmable instruments

Part 6:
Administrative provisions

Appointments and delegations

101Chief technical officers 102Deputy chief technical officers 103Inspectors, authorised persons, and accredited persons 104Authorised persons to comply with instructions 105Delegation to authorised persons 105ACall in of powers or functions 105BAppointment of auditors 105CAudits 105DAuditors' general duties 105EAuditors' powers 105FAuditors' duties relating to power of entry

Administrative powers

106Power to require assistance 107Power to detain for purpose of checking for uncleared risk goods 107APower to detain for purpose of checking for unauthorised goods 107BPower to detain for public health or law enforcement purposes 108Power to search people 109Power of inspection 110Warrant to inspect dwellinghouse, marae, etc 111Entry in respect of offences 112Duties on exercising power of entry 113Power to record information 114General powers 114AApplication of articles or substances from aircraft 115Use of dogs and devices 116Power to seize and dispose of unauthorised goods 117Expenses and compensation 117ASeizure and detention of goods or documents as evidence for other enactments 118Power to seize evidence 119Power to seize abandoned goods 120Power to intercept risk goods 121Power to examine organisms 121APower to apply article or substance to place 121BProhibition or control of certain tests 122Power to give directions 123Power to vaccinate, etc 124Power to destroy organism on non-payment of fees 125Transitional facility direction 126Inspection of and intervention in transitional facilities and containment facilities 127Destruction of imported organisms 128Power to act on default 129Liens

Place and area controls

130Declaration of restricted place 130AModifications to section 130 while epidemic notice in force for COVID-19 131Declaration of controlled area 132Road blocks, cordons, checkpoints, etc 133Duration of place and area declarations 134Enforcement of area controls

Recovery of costs

135Options for cost recovery 136Failure to pay 137Levies 138Orders are confirmable instruments 139Restrictions on levies 140Contents of levy order 140AALevies for recovering border processing costs 140ABContents of border processing levy order 140ATrust accounts for levy money payable to Director-General 141Effect of levy order 141AOrders to provide for records to be kept for Director-General's levy 141BCompliance audits for Director-General's levy 141CPurpose of compliance audits for Director-General's levy 141DPower of auditors to require production of statements and records 142Resolution of disputes

Biosecurity database

142AEstablishment 142BInformation from local authorities 142CAccess, use, or disclosure 142DPerson may require Director-General not to access, use, or disclose information 142EVoluntary provision of information

Automated electronic systems

142FArrangement for system 142GEffect of use of system

Risk profiling

142HRetention and use of information for risk profiling

Disclosure of personal information

142IDisclosure of personal information in New Zealand 142JDisclosure of personal information outside New Zealand 142KDisclosure of personal information outside New Zealand: urgent action required

Incorporation by reference

142LDefinitions for sections 142M to 142S 142MIncorporation in biosecurity documents 142NRequirement to consult on proposal to incorporate material 142OEffect of amendments to, or replacement of, material incorporated 142PProof of material incorporated 142QEffect of expiry of material incorporated 142RAccess to material incorporated 142SEffect of other enactments

Part 7:
Exigency actions

143Purpose of Part 7 144Declaration of biosecurity emergency 145Emergency powers 146Duration of emergency 147House of Representatives must be informed 148Revocation by House of Representatives of biosecurity emergency 149Compensation 150Biosecurity emergency regulations 151Emergency regulations are confirmable instruments 152Provisional control action 153Compensation following investigation of pests

Part 8:
Enforcement, offences, and penalties

Compliance orders

154Scope 154AContent 154BService 154CCompliance 154DChange or cancellation 154EAppeal to District Court 154FAppeal to High Court, Court of Appeal, or Supreme Court 154GEffect of appeal

Pecuniary penalties

154HPecuniary penalty order 154ILiability of principals and employers 154JAmount 154KOther orders instead of or in addition to pecuniary penalty order 154LConcurrent criminal proceedings and pecuniary penalty proceedings

Offences

154MSection 154M offence 154NSection 154N offences 154NASection 154NA offence relating to failure to update information supplied in advance 154OSection 154O offences 155Proof of permission, etc 156Liability of principals and agents 157Penalties 158Fines to be paid to management agency instituting prosecution 159Proceedings for infringement offences other than border infringement offences 159AAccelerated infringement notice procedure for border infringement offences 160Who gets payments of fines, fees, and pecuniary penalties 160AProcedure for certain declaration offences 161Evidence in proceedings 162Time for filing charging document for certain offences

Part 8A:
Exclusive economic zone

162AADefinitions for this Part 162ABApplication of Act in EEZ 162ACApplication of Act to fish and mammals taken in EEZ 162ADInterpretation 162AEPurpose of Part 3 162AFNotice of intended arrival of craft in EEZ 162AGArrival of craft in EEZ 162AHPersons in charge of certain craft to obey directions of inspector or authorised person 162AIBoarding of craft 162AJPowers relating to craft 162AKRisk goods on board craft 162ALDuty to provide information 162AMGeneral duty to inform 162ANDuty to report notifiable organisms 162AOSecond step: satisfaction on requirements 162APFourth step: approval of preparation of plan and decision on management agency 162AQSecond step: satisfaction on requirements 162ARFourth step: approval of preparation of plan and decision on management agency 162ASDefinitions for Part 5A 162ATDeclaration of controlled area 162AUDeclaration of biosecurity emergency 162AVEmergency powers 162AWProvisional control action 162AXGeneral provisions as to regulations

Part 9:
Miscellaneous provisions

162ACompensation 163Protection of inspectors and others 164Liability for goods 164AProcedure for giving directions or making requirements 164BApplication of section 164A 164CRegistration of unwanted organisms 164DConsultation about regulations 165Regulations 165ARegulations relating to definition of Ministry-related border management function in section 41A(1)166General provisions as to regulations 166ACertain secondary legislation or published instruments may be consolidated 167Repeals and revocations 168Enactments amended

Part 10:
Savings and transitional provisions

169Savings of Animals Act 1967 for limited administrative purposes 170Savings of Plants Act 1970 for limited administrative purposes 171Savings of Apiaries Act 1969 for limited administrative purposes 172Transition of emergency proclamations 173Transitional continuance of regulations 174Transitional provision concerning inspectors, etc 175Transition of quarantine appointments 176Transition of import permits and exemptions 177Transition of notices under section 13A of Animals Act 1967 178Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer 179Transitional control of agricultural pests 180Compensation for certain slaughtered animals 181Transitional control of plant pests 182Transitional control of bee diseases 183Transitional control of hydatids 184Designated ports of entry 184ADesignated as approved, or approved, ports 185Expiration of sections 179 to 183 185AOrganisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996

Schedule 1:
Matters for consideration in the preparation of proposals for pest management strategies

Schedule 2:
Board of inquiry procedure

Schedule 3:
Enactments repealed

Schedule 4:
Enactments amended

Schedule 5:
Regulations amended

Schedule 6:
Orders in Council and notices revoked

Schedule 7:
Regulations and orders continuing in force

Schedule 8:
Approved places of first arrival in New Zealand

Schedule 9:
Designated as approved, or approved, ports

Biosecurity Act 1993

1: Short Title and commencement

You could also call this:

"The Biosecurity Act 1993: What it's Called and When it Started"

This Act is called the Biosecurity Act 1993. You can refer to it by this name. The Biosecurity Act 1993 started on 1 October 1993.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314627.

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Immigration and citizenship > Border control

Biosecurity Act 1993, or

"Protecting New Zealand from Harmful Pests and Organisms"

2: Interpretation, or

"What words mean in the Biosecurity Act 1993"

1Short Title and commencement

This Act may be cited as the Biosecurity Act 1993.
This Act shall come into force on 1 October 1993.