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Biosecurity Act 1993

Administrative provisions - Administrative powers

126: Inspection of and intervention in transitional facilities and containment facilities

You could also call this:

"Checking and fixing biosecurity facilities to keep people and the environment safe"

An inspector can enter a transitional facility or a containment facility at any reasonable time to check if it meets the standards set in accordance with section 39 or section 11(1)(fc) of the Hazardous Substances and New Organisms Act 1996. You can think of a transitional facility as a place where things are moved from one place to another, and a containment facility as a place where things are kept to prevent them from escaping. The inspector must follow the rules set out in section 112 when entering the facility.

If the inspector has reasonable grounds to suspect that a facility is not meeting the standards, they can take action. The inspector can give a direction in writing to the facility operator, telling them what they need to do to fix the problem and by when. A facility operator is the person in charge of the facility.

The inspector can also intervene in the management of the facility if there are emergency or special circumstances. This means they can take control of the facility to make sure it meets the standards. The costs of the inspector's actions can be recovered from the facility operator as a debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316337.

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Part 6Administrative provisions
Administrative powers

126Inspection of and intervention in transitional facilities and containment facilities

  1. An inspector authorised in writing by the Director-General may at any reasonable time enter a transitional facility or a containment facility for the purpose of confirming that the facility complies with the standards set in accordance with section 39 or section 11(1)(fc) of the Hazardous Substances and New Organisms Act 1996 or that the operator is approved as the facility operator for that facility, and the provisions of section 112 apply to any such entry.

  2. An inspector may exercise a power described in subsection (3) if (and only if) the inspector has reasonable grounds to suspect that—

  3. a transitional facility or containment facility does not comply with the standards approved for a facility of that kind; or
    1. the facility operator is not complying with the standards approved for operating that facility; or
      1. the terms (including any controls imposed under section 45(2) of the Hazardous Substances and New Organisms Act 1996) upon which an organism is confined to the facility are not being complied with.

        1. An inspector may—

        2. give a direction in writing to the facility operator specifying the suspected failure to comply or unsatisfactory circumstances, stating what the operator is required to do to remedy the situation and specifying the time within which the direction must be complied with; or
          1. if a chief technical officer considers that emergency or other special circumstances so require, intervene summarily in the management or operation of the transitional facility or containment facility to ensure—
            1. compliance with the standards for that facility; or
              1. compliance with the terms (including any controls imposed under section 45(2) of the Hazardous Substances and New Organisms Act 1996) upon which the organism is confined to the facility.

              2. A direction given under this section may be cancelled or varied by a subsequent notice in writing.

              3. If a direction given under this section is not complied with within the time specified in the notice, an inspector may take such action as the inspector considers necessary to give effect to the requirements of the notice.

              4. The costs and expenses reasonably incurred by an inspector in intervening summarily under subsection (3) or an inspector taking action under subsection (5) may be recovered from the facility operator as a debt due to the Crown.

              Notes
              • Section 126: replaced, on , by section 85 of the Biosecurity Amendment Act 1997 (1997 No 89).
              • Section 126(1): amended, on , by section 53(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
              • Section 126(1): amended, on , by section 53(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
              • Section 126(2)(a): amended, on , by section 53(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
              • Section 126(2)(b): amended, on , by section 53(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).
              • Section 126(2)(c): amended, on , by section 21(1) of the Biosecurity Amendment Act 2003 (2003 No 38).
              • Section 126(3)(a): amended, on , by section 53(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).
              • Section 126(3)(b)(ii): amended, on , by section 21(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
              • Section 126(6): amended, on , by section 53(6) of the Biosecurity Law Reform Act 2012 (2012 No 73).