Part 6Administrative provisions
Appointments and delegations
103Inspectors, authorised persons, and accredited persons
A chief technical officer appointed as such by the Director-General may from time to time—
- appoint inspectors and authorised persons for the purposes of administering and enforcing the provisions of this Act:
- appoint authorised persons for the purposes of a national pest management plan or a national pathway management plan.
A chief technical officer appointed as such by the chief executive of a department may from time to time—
- appoint inspectors and authorised persons for the purposes of administering and enforcing all or any of the provisions of this Act except the provisions of Part 3:
- appoint authorised persons for the purposes of a national pest management plan or a national pathway management plan.
The principal officer of a region may from time to time appoint authorised persons for the purpose of exercising functions, powers, and duties under this Act in relation to any regional pest management plan or a regional pathway management plan in force in the region or any small-scale management programme declared by the council for that region, or to ascertain the presence or distribution of any pest, pest agent, or unwanted organism.
A person shall not be appointed as an inspector or an authorised person unless the person has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to that person.
Inspectors or authorised persons appointed under this section may, but need not, be persons who are employed under the Public Service Act 2020 or by a regional council.
Inspectors and authorised persons may be authorised on their appointment to exercise all of the powers conferred on inspectors and authorised persons under this Act, or the regulations, or only such of those powers as are specified in their instruments of appointment or subsequently by written notice.
A chief technical officer or the principal officer of a region may accredit persons
for the purposes of performing particular functions—- that are consequential upon the exercise of powers under this Act by an inspector or authorised person; or
- that may be conferred on or may be performed by accredited persons under regulations made under this Act;—
Every inspector, authorised person, and accredited person shall in the performance of functions, powers, and duties for the purposes of this Act use his or her best endeavours to comply with and give effect to any relevant performance or technical standards.
Compare
- 1967 No 50 s 5
- 1967 No 147 s 100
- 1968 No 13 s 5
- 1969 No 53 ss 36, 39A
- 1970 No 151 s 17
- 1978 No 15 s 41
- 1982 No 42 s 9
Notes
- Section 103(1): replaced, on , by section 68(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 103(1)(b): amended, on , by section 40(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 103(2): replaced, on , by section 68(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 103(2)(b): amended, on , by section 40(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 103(3): amended, on , by section 40(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 103(3): amended, on , by section 68(2)(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 103(4): amended, on , by section 13(1)(a) of the Biosecurity Amendment Act 2003 (2003 No 38).
- Section 103(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
- Section 103(5): amended, on , by section 13(1)(b) of the Biosecurity Amendment Act 2003 (2003 No 38).
- Section 103(6): amended, on , by section 68(2)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 103(7): replaced, on , by section 13(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
- Section 103(7): amended, on , by section 40(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).