Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

37B: Suspension of approval

You could also call this:

"When a port breaks the rules, the Director-General can stop or change its approval."

The Director-General can suspend a port's approval if they think the port is not meeting the rules outlined in section 37(1). You will get a written notice if this happens. The Director-General can suspend the approval for a certain time or until the port takes a specific action.

The Director-General can also cancel the port's approval by putting a notice in the Gazette. They can change the approval by noticing you and the Gazette, this can be about what kind of boats can arrive or why they are arriving.

Before the Director-General makes any of these decisions, they must talk to the people involved as outlined in section 37D. The Director-General must be fair when making these decisions. If someone else makes the decision for the Director-General, you can ask the Director-General to review it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315322.


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37A: Approval of arrival of craft at port not approved as place of first arrival, or

"Getting permission to arrive at a New Zealand port that's not usually allowed"


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37C: Port operators, or

"Rules for people who run ports to be fair and honest with users"

Part 3Importation of risk goods
Inspections, declarations, etc

37BSuspension of approval

  1. If the Director-General is no longer satisfied that the provisions of section 37(1) are being met for a port, the Director-General may,—

  2. by written notice to its operator, suspend the port's approval under section 37(1) for a specified period or until a specified action is taken; or
    1. by written notice in the Gazette, revoke the port's approval under section 37(1); or
      1. by written notice in the Gazette and written notice to the port's operator, vary the port's approval under section 37(1) by varying the kind or description of craft for which the port is approved as a place of first arrival, or by varying the purposes of arrival for which the port is approved as a place of first arrival.
        1. Before taking action under this section, the Director-General must consult in accordance with section 37D.

        2. In exercising a power under this section, the Director-General must observe the rules of natural justice.

        3. 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.

        Notes
        • Section 37B: inserted, on , by section 19 of the Biosecurity Amendment Act 1997 (1997 No 89).