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Biosecurity Act 1993

Preliminary

7: Relationship with other enactments

You could also call this:

"How the Biosecurity Act 1993 works with other New Zealand laws."

When you look at the Biosecurity Act 1993, you need to remember it works with other laws. The Biosecurity Act 1993 does not affect the powers in Part 7 of this Act. You can find Part 7 here: Part 7.

The Biosecurity Act 1993 must not interfere with laws like the Soil Conservation and Rivers Control Act 1941, the Forests Act 1949, and the Wildlife Act 1953. There are many other laws it does not interfere with, including the Health Act 1956, the Animal Welfare Act 1999, and the Customs and Excise Act 2018.

The Biosecurity Act 1993 also works with laws about animals and the environment, like the Wild Animal Control Act 1977 and the Game Animal Council Act 2013. These laws do not stop the Biosecurity Act 1993 from being used to control pests or unwanted organisms.

The Biosecurity Act 1993 does not override the Misuse of Drugs Act 1975 when it comes to controlled drugs. You can find the definition of a controlled drug in section 2(1) of the Misuse of Drugs Act 1975.

The Wildlife Act 1953 does not stop the Biosecurity Act 1993 from being used to control unwanted organisms. However, the Wildlife Act 1953 does not allow the Biosecurity Act 1993 to be used in a way that harms wildlife that is also an unwanted organism.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315227.

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"Land next to a road can include the road's edge in its pest management plan"

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7A: Relationship with Resource Management Act 1991, or

"How the law helps stop harmful organisms without breaking environment rules"

Part 1Preliminary

7Relationship with other enactments

  1. Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part 7.

  2. Except—

  3. to the extent provided in subsections (1), (5), and (6), and sections 7A to 7D; and
    1. to the extent that those enactments are expressly amended by section 168(1),—
        1. this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941, the Forests Act 1949, the Wildlife Act 1953, the Health Act 1956, the Animal Welfare Act 1999, the Wild Animal Control Act 1977, the Reserves Act 1977, the National Parks Act 1980, the Fisheries Act 1983, the Fisheries Act 1996, the Conservation Act 1987, the Te Urewera Act 2014, the Trade in Endangered Species Act 1989, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

      1. This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 2018 and, in particular, the provisions of this Act do not affect the obligations of any person under the Customs and Excise Act 2018 in relation to goods.

      2. The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 in relation to any controlled drug (as defined in section 2(1) of that Act).

      3. The provisions of the Wild Animal Control Act 1977 and the Game Animal Council Act 2013 do not apply to prevent or inhibit the exercise of any powers under the Biosecurity Act 1993 on any land (other than land administered under the Acts listed in Schedule 1 of the Conservation Act 1987) when those powers are used in respect of—

      4. a pest; or
        1. an unwanted organism—
            1. that may be transmitted by any animal to which the Wild Animal Control Act 1977 or Game Animal Council Act 2013 applies.

          1. The provisions of the Wildlife Act 1953 (including any regulations made under that Act)—

          2. do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and
            1. do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism.

              Notes
              • Section 7: replaced, on , by section 4 of the Biosecurity Amendment Act 1997 (1997 No 89).
              • Section 7(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 7(2): amended, on , by section 13 of the Statutes Amendment Act 2018 (2018 No 27).
              • Section 7(2): amended, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
              • Section 7(2): amended, on , by section 169(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
              • Section 7(2): amended, on , by section 194 of the Animal Welfare Act 1999 (1999 No 142).
              • Section 7(2)(a): amended, on , by section 169(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
              • Section 7(2)(a): amended, on , by section 4(1) of the Biosecurity Amendment Act 2003 (2003 No 38).
              • Section 7(3): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
              • Section 7(5): amended, on , by section 41(2) of the Game Animal Council Act 2013 (2013 No 98).
              • Section 7(5): amended, on , by section 4(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
              • Section 7(6): inserted, on , by section 4(3) of the Biosecurity Amendment Act 2003 (2003 No 38).