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Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

37C: Port operators

You could also call this:

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

If you are a port operator, you cannot force people using your port to use certain facilities or pay for facilities they do not use. You must not make people use things like special equipment or services if they do not want to. You also cannot make them pay for things they do not use. If you operate a port, you must not lie about whether your port is an approved place for certain boats to arrive. You can only say your port is approved for the types of boats that are actually allowed to arrive there. You must not say your port is approved if it is not, or if the approval has been stopped or taken away, as this would be misleading and against the rules stated in section 37.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315324.

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37B: Suspension of approval, or

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

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37D: Director-General to consult chief executives, or

"The boss of biosecurity must talk to other important government bosses before making big decisions."

Part 3Importation of risk goods
Inspections, declarations, etc

37CPort operators

  1. Nothing in section 37 authorises a port operator to require any user of a port—

  2. to use or patronise facilities under the operator's control; or
    1. to contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.

      1. No operator of a port may wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.

      2. No operator may wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked.

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