Plain language law

New Zealand law explained for everyone

Biosecurity Act 1993

Administrative provisions - Place and area controls

134: Enforcement of area controls

You could also call this:

"What happens if you break the rules in a controlled area"

If you do not follow the rules, you can get in trouble. You must not resist or obstruct a constable who is doing their job under section 132. You must also not move organisms, organic material, risk goods, or other goods if it goes against a notice under section 131(3), unless an inspector or authorised person says you can.

If you own or are in control of organisms, organic material, risk goods, or other goods, you must follow the treatment and procedures in a notice under section 131(3). If you move these things when you are not supposed to, an inspector or authorised person can take them away and destroy, treat, or deal with them.

A Minister can also direct that these things be taken away and destroyed, sold, or disposed of if you moved them when you were not supposed to.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM316365.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control
Previous

133: Duration of place and area declarations, or

"How long a restricted area stays restricted"

Next

135: Options for cost recovery, or

"How the government gets back money it spends on keeping New Zealand safe from pests and diseases"

Part 6Administrative provisions
Place and area controls

134Enforcement of area controls

  1. No person shall—

  2. resist or obstruct the performance of, or fail to comply with, any direction of a constable who is acting in the performance of duties under section 132; or
    1. move, or direct or arrange the movement of, any organism, organic material, risk goods, or other goods in contravention of a notice under section 131(3), unless permitted by an inspector or authorised person.

      1. Every owner or person in control of an organism, organic material, risk goods, or other goods in respect of which treatment and procedures are specified by a notice under section 131(3) must carry out the treatment and procedures specified in the notice.

      2. All organisms, organic material, risk goods, or other goods that are removed or moved in contravention of subsection (1) may be seized by an inspector or authorised person and destroyed, treated, or otherwise dealt with, if it is reasonable in the circumstances to do so.

      3. A Minister may direct that organisms, organic material, risk goods, or other goods that were removed or moved in contravention of subsection (1) and have been seized shall be forfeited to a management agency and destroyed, sold, or otherwise disposed of as that agency may direct.

      Compare
      • 1967 No 50 ss 13A, 29
      Notes
      • Section 134(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 134(1)(b): replaced, on , by section 24 of the Biosecurity Amendment Act 2003 (2003 No 38).
      • Section 134(1A): inserted, on , by section 92(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 134(2): amended, on , by section 92(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 134(3): amended, on , by section 92(3)(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 134(3): amended, on , by section 92(3)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).