Biosecurity Act 1993

Administrative provisions - Administrative powers

107: Power to detain for purpose of checking for uncleared risk goods

You could also call this:

"Inspectors can stop and search you if they think you have risky goods you're not allowed to have."

If you do not comply with section 34(2), an inspector can take action. The inspector can detain you if they think you might have uncleared risk goods. They can hold you for up to 4 hours to be searched by a constable.

The inspector can use reasonable force to detain you, stop you if you are moving, or bring you to a biosecurity control area. If you are already in a biosecurity control area, the inspector can also detain you for up to 4 hours to be searched. They can use reasonable force to detain you or stop you if you are moving.

You will be treated the same way whether you are in a biosecurity control area or not, if the inspector suspects you have uncleared risk goods.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316079.

Topics:

Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control

106: Power to require assistance, or

"Inspectors can ask for help from others to do their biosecurity job"

107A: Power to detain for purpose of checking for unauthorised goods, or

"Inspectors can stop and search you if they think you have forbidden items"

Part 6Administrative provisions
Administrative powers

107Power to detain for purpose of checking for uncleared risk goods

Subsection (2) applies to a person to whom section 34(2) applies who does not comply with section 34(2).
An inspector who suspects on reasonable grounds that the person may be in possession of uncleared risk goods may—
detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable:
use the force that is reasonably necessary to detain the person:
use the force that is reasonably necessary to stop the person if he or she is moving:
use the force that is reasonably necessary to bring the person to a biosecurity control area.

Subsection (4) applies to a person who is in a biosecurity control area.
An inspector who suspects on reasonable grounds that the person may be in possession of uncleared risk goods may—
detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable:
use the force that is reasonably necessary to detain the person:
use the force that is reasonably necessary to stop the person if he or she is moving.

Notes

Section 107: replaced, on 18 September 2012, by section 42 of the Biosecurity Law Reform Act 2012 (2012 No 73).