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Biosecurity Act 1993

Importation of risk goods - Clearance of risk goods

28A: Dealing with suspected new organism

You could also call this:

"What happens if someone thinks a new organism has been found in New Zealand"

If you think an organism might be new to New Zealand, an inspector can take it. The inspector will treat the organism like it is not allowed in the country. You can find out more about this in sections 116 and 117.

If an organism is taken, a chief technical officer can let the Director-General look after it. This is until the person who brought the organism to New Zealand asks the Authority to decide if it is new or not, under section 26 of the Hazardous Substances and New Organisms Act 1996. You have to pay for the Director-General to look after the organism.

When the Director-General is no longer looking after the organism, they will work out how much it really cost. If it cost more than you paid, you have to pay the rest. If it cost less than you paid, you will get the extra money back.

If the organism is found to be new, the chief technical officer can tell you what to do with it. They can say how to get rid of it or what to do next, but they cannot let it into the country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315297.

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Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control
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28: Restrictions on giving clearances, or

"Rules for letting goods into New Zealand with no nasty organisms"

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28B: Biosecurity clearance for certain new organisms and qualifying organisms, or

"Getting approval for new organisms so you don't have to follow some biosecurity rules"

Part 3Importation of risk goods
Clearance of risk goods

28ADealing with suspected new organism

  1. Any inspector may seize any organism which the inspector has reason to believe may be a new organism.

  2. The provisions of sections 116 and 117 apply to any organism seized under subsection (1) as if that organism were unauthorised goods.

  3. A chief technical officer may permit an organism seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply to the Authority for a determination under section 26 of the Hazardous Substances and New Organisms Act 1996 that the organism is, or is not, a new organism.

  4. Where an organism is held in accordance with this section, the estimated costs and expenses of the custody and maintenance of the organism must be paid in advance to the Director-General by the importer.

  5. When the Director-General's custody of an organism ceases, the Director-General must calculate the actual and reasonable costs and expenses of holding the organism and, if those actual and reasonable costs—

  6. exceed the amount paid in accordance with subsection (4), the balance of the costs and expenses are recoverable as a debt due to the Crown from the importer:
    1. are less than the amount paid in accordance with subsection (4), the overpayment must be refunded to the importer.

      1. Where any organism held under subsection (3) is declared to be a new organism, the chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, or any other dealing with, that organism, but must not give a biosecurity clearance for that organism.

      Notes
      • Section 28A: inserted, on , by section 130 of the Biosecurity Amendment Act 1997 (1997 No 89).