Biosecurity Act 1993

Administrative provisions - Administrative powers

128: Power to act on default

You could also call this:

"What happens if you don't follow the rules in a notice or order"

If you do not follow the rules in an enforcement document, someone can take action. An enforcement document is a notice telling you to do something or a compliance order that has not been stayed under section 154E. This can happen if you do not do what the document says within the time it specifies or within a reasonable time.

If you do not follow the rules, a chief technical officer, a principal officer, or a management agency can make sure the document's rules are followed. They can do this in a way that is reasonably necessary and appropriate to achieve the document's purpose.

When the document is about Maori land, any notice given to the owners must follow the rules in section 181 of Te Ture Whenua Maori Act 1993. The person or agency that takes action can also ask you to pay for the costs and expenses they incur. They can recover these costs as a debt from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316345.


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Part 6Administrative provisions
Administrative powers

128Power to act on default

  1. In this section, enforcement document means—

  2. a notice given to a person under this Act lawfully directing or requiring the person to carry out works or measures, or take some other action, specified in the notice:
    1. a compliance order that is not stayed under section 154E.
      1. Subsection (1B) applies when an enforcement document has not been complied with in—

      2. the time specified in it for compliance; or
        1. if no time was specified in it, a reasonable time.
          1. A chief technical officer, a principal officer, or a management agency may bring about the implementation of the enforcement document in a way that is reasonably necessary and appropriate to achieve the document's purpose.

          2. Where specified works or measures are to be carried out on Maori land, any notice given to the owners shall be given in accordance with section 181 of Te Ture Whenua Maori Act 1993.

          3. The chief technical officer, a principal officer or management agency may recover the costs and expenses reasonably incurred under this section as a debt due from the person to whom the notice was given.

          Compare
          • 1967 No 50 s 8
          • 1967 No 147 s 104
          • 1968 No 13 s 9
          • 1969 No 53 s 45
          • 1970 No 151 s 11
          • 1978 No 15 s 57
          • 1982 No 42 ss 68, 74
          Notes
          • Section 128(1): replaced, on , by section 54 of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 128(1A): inserted, on , by section 54 of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 128(1B): inserted, on , by section 54 of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 128(3): amended, on , by section 87(b) of the Biosecurity Amendment Act 1997 (1997 No 89).