Biosecurity Act 1993

Surveillance and prevention

45: Notifiable organisms

You could also call this:

"Organisms that must be reported to help keep New Zealand safe"

The Governor-General can declare any organism to be a notifiable organism by Order in Council. You need to know that the Governor-General can also declare a pest to be notifiable in a specific region if a regional pest management plan is in place. This is done on the recommendation of the responsible Minister.

The responsible Minister will only recommend this if the regional council asks them to and if they think it is in the public interest. You should be aware that the Minister must consult with the Authority before recommending that an organism be declared notifiable if it has been approved for release in New Zealand under the Hazardous Substances and New Organisms Act 1996. This is to ensure that the right decisions are made.

Any order made under this section is secondary legislation, which means it has to be published in a certain way, as outlined in Part 3 of the Legislation Act 2019. This helps you understand how the law works. You can find more information about this in the legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315346.


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44: General duty to inform, or

"Tell the Ministry if you find an organism that shouldn't be in New Zealand"


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46: Duty to report notifiable organisms, or

"Tell someone in charge if you think you've found a harmful organism in New Zealand"

Part 4Surveillance and prevention

45Notifiable organisms

  1. Repealed
  2. The Governor-General may, by Order in Council, declare any organism to be a notifiable organism.

  3. The Governor-General may, by Order in Council, made on the recommendation of the responsible Minister, declare any pest to which a regional pest management plan relates to be an organism notifiable within the region, or within any specified part of the region, of the regional council or regional councils concerned.

  4. The responsible Minister shall not recommend the making of an order under subsection (3), unless—

  5. the regional council or regional councils concerned have asked the Minister to do so; and
    1. the Minister is satisfied that it is in the public interest to do so.
      1. The responsible Minister must not recommend the making of an order under subsection (2) in respect of any organism which has been approved for release in New Zealand by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996 unless that Minister has first consulted with the Authority.

      2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 45(1): repealed, on , by section 35(2)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 45(3): amended, on , by section 37 of the Biosecurity Law Reform Act 2012 (2012 No 73).
      • Section 45(5): inserted, on , by section 132 of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 45(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).