Biosecurity Act 1993

Administrative provisions - Administrative powers

121B: Prohibition or control of certain tests

You could also call this:

"Rules to stop or control tests that could harm New Zealand or its exports"

The Governor-General can stop any test or control how a test is used if it is necessary to get rid of pests or unwanted organisms, or to provide assurances for exports. You cannot do a test that has been stopped, or do a controlled test without following the conditions set by a chief technical officer. You also cannot do anything that you know or suspect will change the result of a controlled test. A test means a test done for certain purposes, which are explained in section 121(1A). If the Governor-General makes an order under this section, it is secondary legislation, and you can find out more about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316328.


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Part 6Administrative provisions
Administrative powers

121BProhibition or control of certain tests

  1. The Governor-General may by Order in Council, prohibit any test, or control the use of any test by making that test subject to conditions imposed by a chief technical officer if the prohibition or control of that test is necessary for—

  2. the eradication or effective management of any pest or unwanted organism; or
    1. the provision of assurances and certificates in relation to exports of organisms and their products.
      1. No person may—

      2. carry out any test prohibited by an Order in Council made under this section:
        1. carry out any test controlled by an Order in Council made under this section other than in accordance with the conditions imposed by a chief technical officer.
          1. No person may act in a manner that the person knows or suspects is likely to alter a response to a controlled test.

          2. For the purposes of this section a test means a test carried out for any of the purposes specified in section 121(1A).

          3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 121B: inserted, on , by section 82 of the Biosecurity Amendment Act 1997 (1997 No 89).
          • Section 121B(1)(a): amended, on , by section 51(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 121B(4): amended, on , by section 51(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 121B(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).