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Biosecurity Act 1993

Pest management - National pest management plans

67: Exemptions from rules

You could also call this:

"When the Minister says you don't have to follow a rule, with or without conditions."

The Minister can let you off from following a rule without any conditions or with some conditions. The Minister will only do this if they think it won't hurt the plan's goals and if one of the following is true: you have already mostly followed the rule, what you have done is just as good as following the rule, the rule is unfair in your case, or something has happened that makes the rule not needed. The Minister can also let everyone, a group of people, people in a certain place, or people in charge of certain things off from following a rule.

The Minister can only let people off from a rule if they think something has happened that makes the rule not needed. Any conditions the Minister sets must be fair and not harder than the original rule. The Minister must decide how long the exemption will last.

The Minister can extend the time of an exemption, but they must do it before the time runs out. You can find out more about what the Minister can do in certain situations by looking at the Legislation Act 2019. When the Minister lets someone off from a rule or extends the time, they must publish the details and explain why they made that decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315703.

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Part 5Pest management
National pest management plans

67Exemptions from rules

  1. The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.

  2. The Minister may grant an exemption under subsection (1) only if—

  3. the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
    1. the Minister is satisfied that 1 or more of the following applies:
      1. the requirement has been substantially complied with and further compliance is unnecessary:
        1. the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
          1. the requirement is clearly unreasonable or inappropriate in the particular case:
            1. events have occurred that make the requirement unnecessary or inappropriate in the particular case.

            2. The Minister may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.

            3. The Minister may grant an exemption under subsection (3) only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.

            4. Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.

            5. The Minister must determine the period of an exemption that the Minister grants.

            6. Repealed

            7. The following apply to the extension of the period of an exemption:

            8. the Minister may grant an extension of the period; and
              1. the extension must be granted before the end of the period; and
                1. the extended period becomes the period of the exemption; and
                  1. the Minister may exercise the power in paragraph (a) more than once.

                      1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                      2. an exemption under subsection (1) or (3) (which must specify the period of the exemption and be published together with the reasons):
                        1. an extension under subsection (8).

                          Notes
                          • Section 67: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 67(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 67(8)(e): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 67(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).