Biosecurity Act 1993

Administrative provisions - Place and area controls

132: Road blocks, cordons, checkpoints, etc

You could also call this:

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

A District Court Judge can issue a warrant to set up controls like road blocks or checkpoints. This happens when attempts are being made to get rid of a pest or unwanted organism. The Judge must be satisfied that the pest is likely to be in the area and setting up controls will help stop it spreading.

If you are in charge of a vehicle near a control point, a constable can ask you to stop. You must stop if a constable in uniform asks you to, or if they try to stop you. A constable can search your vehicle and seize anything that might be harbouring the pest.

A chief technical officer can give directions on what to do with things that have been seized. They must try to avoid causing unnecessary loss to the owner of the seized things.

You can find more information about what constables can do in certain situations by reading section 130(4) and section 134(1)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316359.


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


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Part 6Administrative provisions
Place and area controls

132Road blocks, cordons, checkpoints, etc

  1. In this section, control means a road block, a cordon, or a checkpoint.

  2. A District Court Judge may, on the written application (made on oath) of a chief technical officer, issue a warrant authorising the establishment of controls in relation to a place or area, if the District Court Judge is satisfied that—

  3. attempts are being made to eradicate or manage a pest or unwanted organism; and
    1. there are reasonable grounds to suspect that the pest or unwanted organism is present within the place or area; and
      1. the pest or unwanted organism is not known to be present in the places or areas that are adjacent to the place or area; and
        1. it is necessary to establish controls in order to—
          1. prevent or limit the risk of the pest or unwanted organism spreading beyond the place or area if any spread of the organism would significantly affect the likely success of the eradication or management of the pest or unwanted organism; or
            1. otherwise avoid significant prejudice to the eradication or management of the pest or unwanted organism.
            2. The warrant shall be issued for a period of not more than 7 days; but may from time to time be renewed (in the form in which it was issued or in any amended form) for a period not exceeding 7 days.

            3. The warrant may be issued in writing or orally; but—

            4. if it is issued in writing, it shall specify—
              1. the pest or organism concerned; and
                1. the approximate location of every cordon whose establishment it authorises; and
                  1. the location (either by way of individual descriptions or by way of descriptions of places of any class or classes) of every other control whose establishment it authorises; and
                    1. the period for which it is granted; and
                      1. the grounds on which it was issued; and
                      2. if it is issued orally, the Judge shall cause to be made and kept a written record of the matters specified in subparagraphs (i) to (v) of paragraph (a).
                        1. Subsection (4) shall, with any necessary modifications, apply to the renewal of a warrant as if it is the issue of a warrant.

                        2. Any constable may establish or operate a control whose establishment is authorised by a warrant under this section.

                        3. A constable operating a control whose establishment is authorised by a warrant under this section may—

                        4. stop any vehicle, conveyance, or craft, that is at or near the control; or
                          1. detain any vehicle, conveyance, or craft, that is stopped at or near the control, either at the place where it is stopped or at any other convenient place nearby,—
                            1. for the purpose of exercising the powers conferred by subsection (8).

                            2. A constable who has stopped or detained a vehicle, conveyance, or craft under subsection (7) may—

                            3. enter and search that vehicle, conveyance, or craft; and
                              1. open any box or receptacle in that vehicle, conveyance, or craft; and
                                1. seize—
                                  1. any organism that is the pest or unwanted organism in respect of which the warrant concerned was issued; or
                                    1. any thing that may harbour or contain the pest or unwanted organism in respect of which the warrant concerned was issued; or
                                      1. any thing that, if moved beyond the control, would be moved in breach of section 130(4); or
                                        1. any thing that, if moved beyond the control, would be moved in breach of section 134(1)(b).
                                        2. A chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, the treatment of, or any other dealing with, any organism or other thing seized in accordance with subsection (8); and any person may dispose of, treat, or otherwise deal with any such organism or thing accordingly.

                                        3. In exercising the powers of a chief technical officer in accordance with subsection (8A), a chief technical officer must, so far as is practicable without significantly prejudicing the successful eradication or management of the pest or unwanted organism concerned, act in a manner that is consistent with avoiding or minimising loss to the owner or person in charge of the organism or other thing that was seized.

                                        4. No person shall,—

                                        5. while in charge of any vehicle or craft, that is at or near a control, without reasonable excuse fail or refuse to stop it when a constable in uniform asks him or her to stop it, or tries to stop it; or
                                          1. while in charge of any vehicle or craft lawfully stopped or detained under this section, without reasonable excuse move it from the place where it is stopped or detained without the permission of a constable.
                                            Notes
                                            • Section 132(2): replaced, on , by section 91(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                                            • Section 132(2)(a): amended, on , by section 55(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                            • Section 132(2)(d)(i): amended, on , by section 55(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                            • Section 132(2)(d)(ii): amended, on , by section 55(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                            • Section 132(6): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                            • Section 132(7): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                            • Section 132(7): amended, on , by section 91(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
                                            • Section 132(8): replaced, on , by section 91(3) of the Biosecurity Amendment Act 1997 (1997 No 89).
                                            • Section 132(8): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                            • Section 132(8A): inserted, on , by section 91(3) of the Biosecurity Amendment Act 1997 (1997 No 89).
                                            • Section 132(8B): inserted, on , by section 91(3) of the Biosecurity Amendment Act 1997 (1997 No 89).
                                            • Section 132(8B): amended, on , by section 55(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                            • Section 132(9)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                            • Section 132(9)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).