2Interpretation

1. In this Act, unless the context otherwise requires,—

   accredited person means a person currently accredited under section 103(7)

   appointer means the person who appoints an inspector or authorised person

   approved means approved by the Director-General

   approved identification means any method of identifying animals or animal products approved under section 50 or prescribed under this Act

   arrive in New Zealand,—

   1. in relation to an aircraft, means to land (whether or not on land) in New Zealand territory after a flight originating outside New Zealand territory:
   2. in relation to any other craft, means to anchor, berth, or come ashore in New Zealand territory after a voyage originating outside New Zealand territory:
   3. in relation to a person, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory:
   4. in relation to goods, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory

   arrive in the EEZ has the same meaning as it has in Part 8A

   auditor, in sections 105C to 105F, means a person appointed an auditor under section 105B

   authorised person means a person for the time being appointed an authorised person under section 103

   Authority means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

   automated electronic system means a system that is the subject of an arrangement under section 142F

   biosecurity clearance means a clearance under section 26 for the entry of goods into New Zealand

   biosecurity control area means a place that is—

   1. part of a port approved as a place of first arrival in accordance with section 37(1); and
   2. by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act

   biosecurity database means the database established under section 142A

   biosecurity law means—

   1. this Act:
   2. regulations:
   3. instruments made under Part 5:
   4. any thing done under this Act that applies generally:
   5. any thing done under this Act that applies specifically to a person

   border infringement offence means an infringement offence specified as a border infringement offence by regulations made under this Act

   chief executive means the head of a department; and includes a chief executive appointed under the Public Service Act 2020

   chief technical officer means a person appointed a chief technical officer under section 101

   compliance order means an order made under section 154

   consultation includes actions taken before the enactment of this Act in anticipation of its enactment; and consult has a corresponding meaning

   containment condition that is still operative, at any time, means a condition of a kind authorised by section 13(2)(ab)(i) of the Animals Act 1967—

   1. in the case of a condition requiring an organism to be held indefinitely, where the condition has not before that time been revoked; and
   2. in the case of a condition requiring an organism to be held for a specified period, where the period has not before that time expired; and
   3. in the case of a condition requiring an organism to be held until the happening of a specified event, where the event has not before that time happened

   containment facility means a place approved in accordance with section 39 for holding organisms that should not, whether for the time being or ever, become established in New Zealand

   controlled area means an area for the time being declared under subsection (2) of section 131 to be an area that is controlled for the purposes of that section

   conveyance includes any craft, truck, cargo container, horse-box, wagon, cart, dray, cage, kennel, or vehicle that is or has been used for the conveyance of, or has come into contact with, any organism or organic material

   costs and benefits includes costs and benefits of any kind, whether monetary or non-monetary

   craft—

   1. means an aircraft, ship, boat, or other machine or vessel used or able to be used for the transport of people or goods, or both, by air or sea; and
   2. includes—
      1. an oil rig; and
      2. a structure or installation that is imported by being towed through the sea

   craft risk management plan means a plan approved under section 24K

   craft risk management standard means a standard issued under section 24G

   department has the same meaning as in section 5 of the Public Service Act 2020

   Director-General means the chief executive of the Ministry

   EEZ has the same meaning as it has in Part 8A

   effects, in sections 12A and 12B and Part 5,—

   1. include the following, regardless of scale, intensity, duration, or frequency:
      1. a positive or adverse effect; and
      2. a temporary or permanent effect; and
      3. a past, present, or future effect; and
      4. a cumulative effect that arises over time or in combination with other effects; and
   2. also include the following:
      1. a potential effect of high probability; and
      2. a potential effect of low probability that has a high potential impact

   environment includes—

   1. ecosystems and their constituent parts, including people and their communities; and
   2. all natural and physical resources; and
   3. amenity values; and
   4. the aesthetic, cultural, economic, and social conditions that affect or are affected by any matter referred to in paragraphs (a) to (c)

   facility operator means a person approved under section 40

   good neighbour rule means a rule to which the following apply:

   1. it applies to an occupier of land and to a pest or pest agent that is present on the land; and
   2. it seeks to manage the spread of a pest that would cause costs to occupiers of land that is adjacent or nearby; and
   3. it is identified in a regional pest management plan as a good neighbour rule; and
   4. it complies with the directions in the national policy direction relating to the setting of good neighbour rules

   goods means all kinds of moveable personal property

   import is defined in section 2A

   import health standard has the meaning given to it by section 22

   incidentally imported new organism has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

   infringement fee means the amount prescribed by regulations made under this Act as the infringement fee for an infringement offence

   infringement offence means an offence prescribed by regulations made under this Act as an infringement offence

   inspector means a person who is appointed an inspector under section 103

   law, in section 154O, means—

   1. this Act:
   2. regulations:
   3. a pest management plan:
   4. a pathway management plan:
   5. a declaration of emergency under section 144

   local authority means a regional council or territorial authority

   management agency means the body specified as the management agency in a pest management plan or a pathway management plan

   marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated

   Minister means a Minister of the Crown

   Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   national policy direction means the direction approved under section 57

   natural and physical resources means—

   1. organisms of all kinds; and
   2. the air, water, and soil in or on which any organism lives or may live; and
   3. landscape and land form; and
   4. geological features; and
   5. structures of all kinds; and
   6. systems of interacting living organisms and their environment

   new organism has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996

   New Zealand territory means the land and the waters enclosed by the outer limits of the territorial sea

   occupier,—

   1. in relation to any place physically occupied by any person, means that person; and
   2. in relation to any other place, means the owner of the place; and
   3. in relation to any place, includes any agent, employee, or other person, acting or apparently acting in the general management or control of the place

   official means—

   1. the Director-General:
   2. an inspector:
   3. an authorised person:
   4. an assistant of an inspector:
   5. an assistant of an authorised person:
   6. a chief technical officer:
   7. a person appointed an auditor under section 105B

   organic material means material to which the following apply:

   1. it—
      1. is derived from an organism; or
      2. is an excretion or secretion of an organism; or
      3. contains material derived from an organism; or
      4. contains an excretion or secretion of an organism; and
   2. it—
      1. may or may not contain material derived from a human being; and
      2. may or may not contain the secretions of a human being; and
   3. it—
      1. is not cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance derived from petroleum oil; and
      2. is not material purporting to be organic on the basis only that it contains cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance derived from petroleum oil

   organism—

   1. does not include a human being or a genetic structure derived from a human being:
   2. includes a micro-organism:
   3. subject to paragraph (a), includes a genetic structure that is capable of replicating itself (whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity):
   4. includes an entity (other than a human being) declared by the Governor-General by Order in Council to be an organism for the purposes of this Act:
   5. includes a reproductive cell or developmental stage of an organism:
   6. includes any particle that is a prion

   other department means a department of State other than the Ministry

   other Minister means a Minister other than the responsible Minister

   pathway means movement that—

   1. is of goods or craft out of, into, or through—
      1. a particular place in New Zealand; or
      2. a particular kind of place in New Zealand; and
   2. has the potential to spread harmful organisms

   pathway management plan means a plan to which the following apply:

   1. it is for the prevention or management of the spread of harmful organisms:
   2. it is made under Part 5:
   3. it is a national pathway management plan or a regional pathway management plan

   person includes the Crown, a corporation sole, and a body of persons (whether corporate or unincorporate)

   pest means an organism specified as a pest in a pest management plan

   pest agent, in relation to any pest, means any organism capable of—

   1. helping the pest replicate, spread, or survive; or
   2. interfering with the management of the pest

   pest management plan means a plan to which the following apply:

   1. it is for the eradication or effective management of a particular pest or pests:
   2. it is made under Part 5:
   3. it is a national pest management plan or a regional pest management plan

   place includes any building, conveyance, craft, land, or structure, and the bed and waters of the sea and any canal, lake, pond, river, or stream

   port includes an airport, anchorage, harbour, and wharf

   post-clearance requirements means requirements that apply after risk goods are given a biosecurity clearance

   prescribed means prescribed by regulations made under this Act

   principal officer means,—and includes an acting chief executive

   1. in relation to a regional council, its chief executive; and
   2. in relation to a region, the chief executive of the region's regional council;—

   quarantine means confinement of organisms or organic material that may be harbouring pests or unwanted organisms

   quarantine area means a place so designated under section 41

   readiness or response activity has the meaning given to it in section 100Y

   reasonable charge means a charge calculated by the Director-General having regard to the direct and indirect costs of performing the activity concerned

   region, in relation to a unitary authority, means the region in respect of which it has the functions, duties, and powers of a regional council

   regional council includes the Chatham Islands Council and a unitary authority

   regulations means regulations made under this Act

   responsible Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   restricted organism means any organism for which a containment approval has been granted in accordance with the Hazardous Substances and New Organisms Act 1996 (including any approval deemed to have been granted under sections 254(1), 254(3), 254(8)(a), 255(1), 255(2), 256, 258(1), and 258(3))

   restricted place means any place that an inspector or an authorised person has declared to be a restricted place under section 130

   risk goods means any organism, organic material, or other thing, or substance, that (by reason of its nature, origin, or other relevant factors) it is reasonable to suspect constitutes, harbours, or contains an organism that may—

   1. cause unwanted harm to natural and physical resources or human health in New Zealand; or
   2. interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms

   road includes all bridges, culverts, and fords forming part of any road

   rule means a rule included in a pest management plan or a pathway management plan

   sector has the same meaning as it has in Part 5A

   small-scale management programme means a small-scale management programme to which section 100V applies

   SPS Agreement means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures

   territorial authority means a territorial authority within the meaning of the Local Government Act 2002

   territorial sea has the meaning given to it in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   threatened species includes any species within the meaning given to the terms extinct in the wild, critically endangered, endangered, and vulnerable by the International Union for Conservation of Nature and Natural Resources

   transitional facility means:

   1. any place approved as a transitional facility in accordance with section 39 for the purpose of inspection, storage, treatment, quarantine, holding, or destruction of uncleared goods; or
   2. a part of a port declared to be a transitional facility in accordance with section 39

   unauthorised goods means any goods that are—

   1. uncleared goods in a place that is not a transitional facility, biosecurity control area, or containment facility (other than goods that, in accordance with the authority of an inspector, are—
      1. proceeding from a transitional facility, biosecurity control area, or containment facility to a transitional facility, biosecurity control area, or containment facility; or
      2. being exported from New Zealand); or
   2. uncleared goods that—
      1. are in a transitional facility, biosecurity control area, or containment facility; and
      2. have proceeded there, other than in accordance with the authority of an inspector, from a transitional facility, biosecurity control area, or containment facility; and
      3. have not received the authority of an inspector to remain there; or
   3. goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or
   4. goods that—
      1. are subject to post-clearance requirements in an import health standard; and
      2. do not comply with the requirements; or
   5. goods that—
      1. are subject to post-clearance conditions under section 27A; and
      2. do not comply with the conditions; or
   6. goods that—
      1. are subject to regulations made under section 165(3); and
      2. do not comply with the regulations; or
   7. goods in relation to which a person is subject to post-clearance requirements in an import health standard and does not comply with the requirements; or
   8. goods in relation to which a person is subject to post-clearance conditions under section 27A and does not comply with the conditions; or
   9. goods in relation to which a person is subject to regulations made under section 165(3) and does not comply with the regulations; or
   10. a restricted organism in a place that is not a containment facility (other than an organism that,—
       1. in accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or
       2. is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or
       3. in accordance with the authority of an inspector, is being exported from New Zealand); or
   11. a restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there

   uncleared goods means imported goods for which no biosecurity clearance has been given

   unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002

   unwanted organism means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health; and

   1. includes—
      1. any new organism, if the Authority has declined approval to import that organism; and
      2. any organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996; but
   2. does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996, unless—
      1. the organism is an organism which has escaped from a containment facility; or
      2. a chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health

   working day means any day except—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. the day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and
   3. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   4. a day in the period commencing on 20 December in any year and ending with 15 January in the following year

   written or in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax, email, or other electronic means.

2. An order under paragraph (d) of the definition of organism in subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

3. Repealed

4. Repealed

5. Repealed