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Biosecurity Act 1993

Exigency actions

144: Declaration of biosecurity emergency

You could also call this:

"When the environment or economy is in big trouble, the Governor-General can declare a biosecurity emergency to take quick action."

The Governor-General can declare a biosecurity emergency if a Minister recommends it. You need to know that this happens when there is a big threat to the environment or economy. The Minister must think that the threat is serious and that action needs to be taken quickly.

The Governor-General can make this declaration if an organism is found in New Zealand that can cause significant harm. This organism might be one that has not been seen in New Zealand before, or one that is spreading quickly. The declaration can also be made if a pest is out of control and the usual plans to manage it are not working.

When a biosecurity emergency is declared, it must say which areas of New Zealand are affected and what the emergency is. The declaration comes into force as soon as it is made, or at a later time stated in the declaration. The Minister must tell the public about the declaration within 24 hours, and it must be published in the Gazette.

The Minister can recommend that the Governor-General change or cancel the declaration later on. If this happens, the Minister must tell the public about the change in the same way as the original declaration. You can find more information about the Biosecurity Act on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316395.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border controlGovernment and voting > Emergency management
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"Keeping New Zealand safe from unwanted organisms in emergencies"

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"What happens when the government takes control during a biosecurity emergency"

Part 7Exigency actions

144Declaration of biosecurity emergency

  1. On the recommendation of a Minister, the Governor-General may, by Proclamation, declare a biosecurity emergency if satisfied on reasonable grounds after having regard to all available information that—

  2. it is likely that—
    1. there has been an outbreak or occurrence in New Zealand of an organism (being an organism not previously known to be established in New Zealand) that has the potential to cause significant economic loss, significant environmental loss, or both, if it becomes established in New Zealand; or
      1. there is established in part of New Zealand an organism (being an organism not previously known to be established in New Zealand) that has the potential to cause significant economic loss, significant environmental loss, or both, if it becomes established in other parts of New Zealand; or
        1. an organism previously thought to be of restricted distribution or abundance (or both) in New Zealand is becoming or has become so distributed and abundant in New Zealand or any part of New Zealand that it has the potential to cause significant economic loss, significant environmental loss, or both; or
          1. a pest is, or threatens to be, beyond control by the application of the national pest management plan for that pest; and
          2. it is in the public interest that action be taken immediately to eradicate or manage the organism and sufficient powers are not otherwise available to enable the organism to be eradicated or effectively managed.

            1. The Minister shall, to the extent that is practical in the circumstances, consult such persons as the Minister believes on reasonable grounds are representative of interests involved in the emergency before recommending that the Governor-General declare a biosecurity emergency.

            2. A declaration of a biosecurity emergency shall state the area or areas to which it applies and specify the nature of the emergency.

            3. A declaration of a biosecurity emergency comes into force when it is declared or at any later time stipulated in the Proclamation declaring it.

            4. The Minister shall publish notice of the declaration not later than 24 hours after it is made by such means as the Minister considers practical and appropriate and shall cause the Proclamation to be published in the Gazette without delay.

            5. On the recommendation of the Minister, the Governor-General may by further Proclamation amend, extend, or revoke a Proclamation under this section and the Minister must publish notice of the amendment, extension, or revocation in the manner provided by subsection (5).

            Compare
            • 1967 No 50 s 30
            • 1970 No 151 s 12
            Notes
            • Section 144(1): amended, on , by section 97(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
            • Section 144(1)(a)(iv): amended, on , by section 61(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
            • Section 144(1)(b): amended, on , by section 61(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
            • Section 144(1)(b): amended, on , by section 61(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
            • Section 144(1)(b): amended, on , by section 97(2)(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
            • Section 144(1)(b): amended, on , by section 97(2)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
            • Section 144(6): amended, on , by section 61(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).