Biosecurity Act 1993

Administrative provisions - Administrative powers

127: Destruction of imported organisms

You could also call this:

"What happens if you bring sick or pest-infested animals or plants into New Zealand"

If you bring an organism into New Zealand and it gets sick or has pests, a chief technical officer can tell you to destroy it. They can do this if they think the organism is a risk to the health of other organisms in New Zealand. They can also do this if the organism has a pest that New Zealand is trying to control.

If you do not follow the chief technical officer's instructions, an inspector can seize and destroy the organism. You will have to pay for the costs of seizing and destroying the organism. This is because you are responsible for the organism and the costs can be taken from you 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=DLM316341.


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Part 6Administrative provisions
Administrative powers

127Destruction of imported organisms

  1. A chief technical officer may by notice in writing given to the operator of a transitional facility direct that any imported organism that has been placed in that facility, and any organism or goods at any time associated with that organism, shall be destroyed or treated or subjected to a specified procedure if the chief technical officer believes on reasonable grounds—

  2. that the imported organism is affected by or harbours a pest or unwanted organism of a kind or to a degree that, even when the organism is in the transitional facility, constitutes an unacceptable risk to the health of organisms in New Zealand; or
    1. the organism is, is affected by, or harbours, a pest under active control in New Zealand; or
      1. that the health of the organism has not been and cannot be satisfactorily established within a reasonable time.
        1. If the operator of a transitional facility fails to comply with a direction under this section, an inspector may seize and destroy the organism concerned.

        2. Repealed
        3. The costs and expenses of seizure and destruction of an organism under subsection (2) shall be the responsibility of the owner of the organism and may be recovered as a debt due to the Crown.

        Compare
        • 1967 No 50 s 13
        Notes
        • Section 127(1): amended, on , by section 86(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
        • Section 127(1): amended, on , by section 86(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
        • Section 127(1)(a): amended, on , by section 86(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
        • Section 127(2): amended, on , by section 86(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
        • Section 127(3): repealed, on , by section 106(2) of the Biosecurity Amendment Act 1997 (1997 No 89).