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Biosecurity Act 1993

Pest management - National pathway management plans

87: Exemptions from rules

You could also call this:

"Some rules don't apply in emergencies or if the Minister says they don't have to."

You do not have to follow some rules in an emergency. The New Zealand Defence Force, a Civil Defence Emergency Management Group, the New Zealand Police, Fire and Emergency New Zealand, and Health New Zealand are exempt from some rules in an emergency. An emergency is a situation where there is a threat to New Zealand's interests, or a risk to human life, ships, aircraft, the environment, or valuable equipment.

You can be exempt from a rule if the Minister thinks it is necessary. The Minister can exempt you without conditions or with conditions they think are appropriate. The Minister can only exempt you if they think it will not harm the plan's objectives.

The Minister must say how long the exemption lasts. They can extend the exemption, but they must do it before the exemption ends. The Minister's exemption decision is secondary legislation, which means it must be published, as explained in the Legislation Act 2019.

The Minister can exempt one person or a group of people from a rule. They can also exempt people in a specific place or people responsible for specific goods. The conditions of the exemption must be fair and not too strict.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315786.

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Part 5Pest management
National pathway management plans

87Exemptions from rules

  1. The following are exempt from the requirements in rules for acts or omissions in the course of an emergency as described in subsection (2):

  2. the New Zealand Defence Force:
    1. a Civil Defence Emergency Management Group established under the Civil Defence Emergency Management Act 2002:
      1. the New Zealand Police:
        1. Fire and Emergency New Zealand:
              1. Health New Zealand, as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022.

                1. An emergency is,—

                2. for the purposes of subsection (1)(a), an emergency relating to—
                  1. a threat to New Zealand's interests under section 5 of the Defence Act 1990:
                    1. the safety of human life:
                      1. the safety of ships or aircraft:
                        1. the protection of the environment:
                          1. equipment or facilities of high value:
                          2. for the purposes of subsection (1)(b) to (g), a situation as described in paragraphs (a) and (b) of the definition of emergency in section 4 of the Civil Defence Emergency Management Act 2002.

                            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 (3) 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 (5) 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 (3) or (5) (which must specify the period of the exemption and be published together with the reasons):
                                                  1. an extension under subsection (10).

                                                    Notes
                                                    • Section 87: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                    • Section 87(1)(d): replaced, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                    • Section 87(1)(e): repealed, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                    • Section 87(1)(f): repealed, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                    • Section 87(1)(g): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                                                    • Section 87(9): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                    • Section 87(10)(e): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                    • Section 86(11): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).