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Biosecurity Act 1993

Exigency actions

145: Emergency powers

You could also call this:

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

If there is a biosecurity emergency, the Minister can take action to stop the spread of an organism. The Minister can give directions and make decisions to manage the emergency. You can be required to follow these directions.

The Minister can also ask you to let them use your goods, premises, or craft to help manage the emergency. This can include moving your goods to a different place or letting the Minister use your premises or craft for a certain time. The Minister must believe this is necessary to stop the spread of the organism.

A notice is a formal announcement of a decision. The Minister's notice is secondary legislation, which means it is a type of law, and you can find out more about this in the Legislation Act 2019. The notice comes into effect as soon as it is made, even if it has not been published yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316397.

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144: Declaration of biosecurity emergency, or

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

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146: Duration of emergency, or

"How long a biosecurity emergency lasts and what happens when it ends"

Part 7Exigency actions

145Emergency powers

  1. The Minister may, in the area or areas in which a declaration of biosecurity emergency is in force, by notice, take such measures, and do all such acts and things and give all such directions, and require all such acts to be done or not to be done, as the Minister believes on reasonable grounds to be necessary or desirable for the purpose of eradicating or managing the organism in respect of which the emergency has been declared.

  2. Without prejudice to the generality of the powers conferred by subsection (1), the Minister, or any person authorised by the Minister for the purpose, may require the owner of any goods or premises or craft (being a craft registered in New Zealand, or chartered by a company (within the meaning of section 2(1) of the Companies Act 1993)) that is anywhere in New Zealand and that the Minister or person authorised by the Minister believes on reasonable grounds to be necessary or would be of assistance in eradicating or limiting the spread of the organism to transfer the goods to or permit the premises or craft to be used for a specified period by the Minister or any other person.

  3. A notice under this section—

  4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
    1. comes into force when it is made, even if it is not yet published.

      Compare
      • 1967 No 50 ss 30, 31
      • 1970 No 151 s 13(1)
      Notes
      • Section 145(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 145(1): amended, on , by section 62(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
      • Section 145(1): amended, on , by section 98 of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 145(2): amended, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
      • Section 145(2): amended, on , by section 62(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
      • Section 145(2): amended, on , by section 98 of the Biosecurity Amendment Act 1997 (1997 No 89).
      • Section 145(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).