Biosecurity Act 1993

Administrative provisions - Administrative powers

114A: Application of articles or substances from aircraft

You could also call this:

"Dropping things from planes to control pests: rules and approvals"

You can get approval to drop things from an aircraft to stop pests or find out if they are present. A chief technical officer or principal officer can give this approval in writing. They can say yes, but also add conditions to the approval.

If you get approval, you must tell the public before you drop anything from the aircraft. You do this by putting a notice in a newspaper that people in the area read. The notice must say when you plan to drop the things, what you are dropping, where you are dropping it, and who is in charge.

There is a rule that says you must give the public two weeks' notice before dropping anything. But if there is a big risk of a pest spreading, the chief technical officer can decide to give less notice. They must tell the Minister about this and try to get their approval. In this case, the chief technical officer must still tell the public, but can use other ways like radio or television to do this.

The chief technical officer can make exceptions to the notice rule if the pest could cause big problems, like hurting people's health, the environment, or the economy. These pests are either not in New Zealand or are only in some parts of the country. The Civil Aviation Act 2023 still applies, even if you get approval to drop things from an aircraft.

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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=DLM316309.

Topics:

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

114: General powers, or

"What inspectors can do to stop pests and keep places safe"

115: Use of dogs and devices, or

"Using dogs and tools to help with biosecurity work"

Part 6Administrative provisions
Administrative powers

114AApplication of articles or substances from aircraft

A chief technical officer or principal officer may, by notice in writing, give approval for a specified person or any specified class of persons to apply any article or substance to any place from the airspace above that place for the purposes of—
eradicating or managing any pest or unwanted organism; or
ascertaining the presence or absence of any pest or unwanted organism.

An approval given under subsection (1) may be given subject to any conditions that the chief technical officer or principal officer thinks fit.
Any person specified in an approval or person of the class specified in an approval given in accordance with subsection (1) may, after public notice has been given in accordance with this section, act in accordance with that approval.
Nothing in this section derogates from any provision of the Civil Aviation Act 2023 or any rule or regulation made under that Act.
Subject to subsection (6), public notice for the purposes of this section is given by publishing, at least 2 weeks before the intended date when the article or substance is to be applied, in a newspaper circulating in the area in which the place is situated, a notice specifying the following information:
the date on which, or as soon as practicable after which, it is intended to apply the article or substance:
the article or substance to be applied:
a clear description by reference to its boundaries (including districts, roads, and other commonly known features) of the place to which the article or substance is to be applied:
the name and address of the person or body responsible for the application of the article or substance.

If the chief technical officer is satisfied that compliance with the 2 weeks' notice requirement under subsection (5) would significantly prejudice the chances of eradicating or containing an organism of a kind described in subsection (7),—
the chief technical officer must notify the responsible Minister of that fact, and, unless the urgency of the situation makes it impracticable, obtain the approval of the Minister to a forgoing of the 2 weeks' notice requirement; and
the 2 weeks' notice requirement does not then apply, but the chief technical officer must give as much public notice of the matters specified in subsection (5)(a) to (d) as is consistent with avoiding prejudice to the chances of eradicating or containing the organism; and
the public notice may be given by whatever means the chief technical officer considers effective and appropriate to inform the persons who may be affected (including by radio or television announcement).

The kinds of organism in respect of which shorter notification may be given under subsection (6) are organisms that—
are not established or not known to be established in New Zealand, or are established in New Zealand but restricted to certain parts of New Zealand; and
have the potential to cause all or any of the following if they become established in New Zealand, or established throughout New Zealand:
1. significant economic loss:
2. significant adverse effects on human health:
3. significant environmental loss.

Notes

Section 114A: inserted, on 26 November 1997, by section 78 of the Biosecurity Amendment Act 1997 (1997 No 89).
Section 114A(4): amended, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).
Section 114A(5): amended, on 8 July 2003, by section 18(1) of the Biosecurity Amendment Act 2003 (2003 No 38).
Section 114A(6): inserted, on 8 July 2003, by section 18(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
Section 114A(7): inserted, on 8 July 2003, by section 18(2) of the Biosecurity Amendment Act 2003 (2003 No 38).