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Biosecurity Act 1993

Administrative provisions - Administrative powers

121: Power to examine organisms

You could also call this:

"Inspectors can examine animals or plants to check for diseases or pests"

You might have organisms, like animals or plants, that an inspector or authorised person wants to examine. They can do this to identify the organism, diagnose a disease, or check if it is a pest. They have the power to autopsy, destroy, examine, inspect, sample, section, take specimens, test, or apply any other treatment or procedure to the organism. If you own or are in control of an organism, you must submit it for examination when an inspector or authorised person asks you to.

You will be told how to bring the organism, where to take it, and when to do it. If you do not comply with the direction, an inspector or authorised person can capture, pen, or muster the organism, or kill or destroy it if necessary. They can also recover the costs of taking any action from you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316321.

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"Stopping and checking things that might have harmful goods inside"

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121A: Power to apply article or substance to place, or

"Inspectors can leave special items at a place to help check for pests"

Part 6Administrative provisions
Administrative powers

121Power to examine organisms

  1. An inspector or authorised person may exercise any or all of the powers in subsection (1B) on—

  2. organisms:
    1. organic material:
      1. any other goods or material.

        1. The purposes for which the inspector or authorised person may exercise the powers are—

        2. taxonomical identification of an organism:
          1. diagnosing a disease:
            1. determining whether imported goods may be given a biosecurity clearance:
              1. ascertaining the presence or absence of any pest or unwanted organism:
                1. making an assessment of measures taken to eradicate or manage any pest or unwanted organism.

                  1. The powers are to—

                  2. autopsy:
                    1. destroy:
                      1. examine:
                        1. inspect:
                          1. sample:
                            1. section:
                              1. take specimens:
                                1. test:
                                  1. apply any other treatment or procedure.

                                    1. Every owner or person in control of any organism, and every occupier of a place in which any organism is present, shall, whenever required by an inspector or authorised person by written notice to do so, submit the organism specified in the notice for the purposes of subsection (1A).

                                    2. Where an inspector or authorised person has under subsection (2) required the submission of any organism an inspector or authorised person may direct the owner or person in control of the organism, or the occupier of any place where it is present, to bring it—

                                    3. in a specified manner:
                                      1. to a specified place:
                                        1. on a specified day:
                                          1. for a specified purpose.

                                            1. If the owner or person in control of any animal or the occupier of any place in which an animal is present fails to comply with a direction under this section, an inspector or authorised person may—

                                            2. exercise any or all of the powers in subsection (1B); and
                                              1. in the case of any animal or animals,—
                                                1. to the extent that it is necessary to enable those powers to be exercised (or exercised efficiently), capture, pen, or muster it or them or any of them; or
                                                  1. if for any reason it is not practicable to capture, pen, or muster it or them or any of them, kill or destroy it or them or any of them if the inspector or authorised person believes on reasonable grounds that it is necessary to do so for the purpose of controlling pests or unwanted organisms.

                                                  2. Costs and expenses reasonably incurred by an inspector or authorised person in taking any action under subsection (4) may be recovered as a debt due from the person who failed to comply with the direction concerned.

                                                  Compare
                                                  • 1967 No 50 ss 6, 34
                                                  • 1978 No 15 s 46
                                                  • 1982 No 42 s 67
                                                  Notes
                                                  • Section 121(1): replaced, on , by section 49(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(1A): inserted, on , by section 49(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(1B): inserted, on , by section 49(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(2): amended, on , by section 49(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(4)(a): replaced, on , by section 49(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(4)(b)(i): amended, on , by section 49(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                  • Section 121(4)(b)(ii): amended, on , by section 19(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
                                                  • Section 121(5): inserted, on , by section 19(3) of the Biosecurity Amendment Act 2003 (2003 No 38).