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Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

37: Approval of ports as places of first arrival

You could also call this:

"The government approves ports where boats and planes can first arrive in New Zealand if they have good systems in place to manage risks."

The Director-General can approve a port as a place where craft can first arrive in New Zealand. You need to have good arrangements, facilities, and systems in place at the port for the Director-General to approve it. The Director-General looks at what you have and what you could have to decide if it is good enough.

The Director-General thinks about how much it will cost you to have these arrangements, facilities, and systems. They also think about how well they will help manage risks from goods being brought into New Zealand. If the port is an airport, the Director-General looks at any regulatory airport spatial undertaking given by the airport operator under subpart 3 of Part 7 of the Civil Aviation Act 2023.

The Director-General can say that a port is only approved for certain types of craft or for certain purposes. You must make all the required arrangements, facilities, and systems available for the Crown to use at no cost. The Director-General must tell you about their decision and give you reasons if they do not approve the port.

The Director-General must consult with people before making a decision about a port. They can set standards for how arrangements, facilities, and systems should work at a port. Before setting a standard, the Director-General talks to people who will be affected by it. If the Director-General sets a standard, they decide when it will start and include the date in the standard, as explained in Part 3 of the Legislation Act 2019.

You can ask the Director-General to review a decision if it was made by someone else. The Director-General publishes a notice in the Gazette when they approve a port, including the name of the port and any limits on its use. They also make the notice of approval available for you to look at.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315317.

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Part 3Importation of risk goods
Inspections, declarations, etc

37Approval of ports as places of first arrival

  1. The Director-General may, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.

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

  3. The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1), have regard to—

  4. the alternative arrangements, facilities, and systems that are or could be made available; and
    1. the cost to the port operator of each alternative arrangement, facility, and system; and
      1. the extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.

        1. The Director-General must, when considering the arrangements, facilities, and systems available at an airport in accordance with subsection (1), have regard to any regulatory airport spatial undertaking given by the airport operator under subpart 3 of Part 7 of the Civil Aviation Act 2023 that is in effect.

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

        3. The Director-General must,—

        4. within 28 days after approving a port in accordance with subsection (1), publish in the Gazette a notice specifying the name of the port, the day on which it was so approved, any limitation on the kind or description of craft for which the port was approved, any limitation on arrivals to specified purposes, and a place where the notice of approval may be inspected; and
          1. at all reasonable times make the written notice available for inspection at the place specified in the Gazette notice.

            1. The Director-General must be satisfied of the matters referred to in subsection (1), whether or not all of the arrangements, facilities, and systems are under the control of the operator of the port concerned.

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

            3. Where approval is declined under this section, the Director-General must give reasons for his or her decision.

            4. Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.

            5. The Director-General—

            6. may, for the purpose of subsection (1), approve standards relating to the operation of arrangements, facilities, and systems at a port to be approved as a place of first arrival; and
              1. must, before approving the standard, consult the persons that the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard.

                1. If the Director-General approves a standard under subsection (10)(a), the Director-General must—

                2. decide on the date on which the standard is to come into force; and
                  1. approve the standard with the date in it.

                    1. A standard under subsection (10)(a)—

                    2. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); but
                      1. commences in accordance with subsection (11), even if it is not yet published.

                        Notes
                        • Section 37: replaced, on , by section 19 of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 37(3A): inserted, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                        • Section 37(10): inserted, on , by section 16 of the Statutes Amendment Act 2018 (2018 No 27).
                        • Section 37(11): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 37(12): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).