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Biosecurity Act 1993

Administrative provisions - Place and area controls

131: Declaration of controlled area

You could also call this:

"Stopping pests: areas with special rules to protect New Zealand"

The purpose of this law is to help stop pests or unwanted organisms from spreading. You can think of pests as animals, plants, or insects that can harm the environment, people, or animals. This law enables the government to control the movement of organisms in certain areas. A chief technical officer or a management agency can declare an area to be controlled. This area can be the whole of New Zealand or just a part of it. The chief technical officer or management agency can give public notice of the controlled area through newspapers, radio, or television. They can also restrict the movement of certain organisms or goods into, within, or from the controlled area.

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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=DLM316356.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control
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"Changes to the law during a COVID-19 epidemic"

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"Stopping the spread of pests: when police can set up road blocks and search vehicles"

Part 6Administrative provisions
Place and area controls

131Declaration of controlled area

  1. The purpose of this section is to enable the institution of movement and other controls in order to—

  2. enable the limitation of the spread of any pest or unwanted organism; or
    1. minimise the damage caused by any pest or unwanted organism; or
      1. protect any area from the incursion of pests or unwanted organisms; or
        1. facilitate the access of New Zealand products to overseas markets; or
          1. monitor risks associated with the movement of organisms from parts of New Zealand the pest status of which is unknown.

            1. A chief technical officer or a management agency may, by public notice in a newspaper, or by radio or television announcement, or otherwise as the chief technical officer or management agency considers effective and appropriate, declare any specified area (which may be the whole or any specified part or parts of New Zealand) to be an area that is controlled for the purposes of this section.

            2. At any time while the declaration of a controlled area is in force, the chief technical officer or management agency, as the case may require, may, by public notice in a newspaper, or by radio or television announcement, or otherwise as the chief technical officer or management agency considers effective and appropriate, give notice of either or both of the following matters:

            3. the movement into, within, or from the controlled area of such organisms, organic material, risk goods or other goods as are specified in the notice is restricted, regulated, or prohibited in the manner, to the extent and subject to the conditions specified in the notice:
              1. the organisms, organic material, risk goods, or other goods within the controlled area that are specified in the notice, must be subject to such treatment and procedures as are specified in the notice.

                1. A notice given under subsection (2) or (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). (However, section 161A(4) of the Local Government Act 2002 applies if the notice is given by a management agency that is a council or territorial authority.)

                2. If, under the Legislation Act 2019, the notice is not required to be published,—

                3. the chief technical officer or management agency may serve a copy of it on the persons (if any) whom the chief technical officer or management agency considers appropriate; and
                  1. it comes into force in relation to that person immediately after it is served on that person or at a later time specified in the notice (even though it is not published).

                    1. Service may be done in any way the chief technical officer or management agency considers effective and appropriate.

                    Compare
                    • 1967 No 50 ss 13A, 29
                    • 1969 No 53 ss 13, 16, 30, 31
                    • 1982 No 42 s 79
                    Notes
                    • Section 131(2): amended, on , by section 23 of the Biosecurity Amendment Act 2003 (2003 No 38).
                    • Section 131(3)(b): replaced, on , by section 90 of the Biosecurity Amendment Act 1997 (1997 No 89).
                    • Section 131(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 131(4): amended, on , by regulation 17 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
                    • Section 131(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 131(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).