Biosecurity Act 1993

Administrative provisions - Recovery of costs

137: Levies

You could also call this:

"Charges for biosecurity services, which are fees to help pay for things the government does to keep New Zealand safe from pests and diseases."

The Governor-General can impose a levy, which is a type of fee, on the recommendation of the responsible Minister. You pay this levy to the Director-General to help fund a service or function that the department provides under the Biosecurity Act 1993. This levy is imposed by an Order in Council, which is a type of secondary legislation, and you can learn more about publication requirements for secondary legislation in Part 3 of the Legislation Act 2019.

The order to impose a levy must be confirmed by an Act, and you can find out more about this process in subpart 3 of Part 5 of the Legislation Act 2019. This means that the levy must be approved by Parliament.

The Biosecurity Act 1993 has a section that allows for levies to be made to fund readiness or response activities, but this section can also impose a levy for the same purpose, even if it is not specified in a Gazette notice under section 100ZA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316373.


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Part 6Administrative provisions
Recovery of costs

137Levies

  1. The Governor-General may from time to time, on the recommendation of the responsible Minister, by Order in Council impose a levy payable to the Director-General for the purposes of wholly or partially funding a service provided or function performed by the department for the purposes of this Act.

  2. An order under this section—

  3. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
    1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).
      1. The fact that Part 5A provides for levies to be made to fund readiness or response activities does not prevent this section imposing a levy to which both the following apply:

      2. it is imposed to wholly or partly fund a readiness or response activity; and
        1. it is imposed on a sector that is not specified in a Gazette notice under section 100ZA.
          Compare
          • 1967 No 50 s 107
          Notes
          • Section 137(1): amended, on , by section 25 of the Biosecurity Amendment Act 2003 (2003 No 38).
          • Section 137(2): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 137(3): inserted, on , by section 57 of the Biosecurity Law Reform Act 2012 (2012 No 73).