Biosecurity Act 1993

Exigency actions

146: Duration of emergency

You could also call this:

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

When a biosecurity emergency is declared, it usually lasts for four months. You can think of it like a timer that starts when the declaration begins. If something needs to be done before the timer runs out, the declaration can be extended.

The declaration can be extended in two ways: by another Proclamation under section 144, or by a resolution of the House of Representatives. If it is extended by another Proclamation, the timer starts again. If it is extended by a resolution, the declaration is extended for the period stated in the resolution.

Before the declaration ends, it can also be revoked, which means it is cancelled. This can be done in the same two ways: by another Proclamation under section 144, or by a resolution of the House of Representatives. If the declaration is revoked by a resolution, it stops being in effect from the time of the resolution or a later time specified in the resolution.

If the declaration is extended or revoked by a resolution, this must be published under Part 3 of the Legislation Act 2019, and section 120(2) of that Act applies to the extension or revocation. This is like a rule that says how things must be done. You can find more information about this in the Legislation Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316399.


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


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147: House of Representatives must be informed, or

"The Minister must inform the House of Representatives about big biosecurity decisions, like making or ending emergencies, and explain why."

Part 7Exigency actions

146Duration of emergency

  1. A declaration of biosecurity emergency ceases to have effect at the end of 4 months after it comes into force, unless subsection (2) or (5) applies.

  2. Before a declaration ceases to have effect, it may be extended by—

  3. another Proclamation under section 144; or
    1. a resolution of the House of Representatives.
      1. If a declaration is extended under subsection (2)(a), subsection (1) applies to it.

      2. If a declaration is extended under subsection (2)(b), it is extended for the period stated in the resolution.

      3. Before a declaration ceases to have effect, it may be revoked by—

      4. another Proclamation under section 144; or
        1. a resolution of the House of Representatives.
          1. A resolution revoking a declaration has effect from the time of the resolution or a later time specified in the resolution.

          2. An extension under subsection (2)(b) or a revocation under subsection (5)(b) must be published under Part 3 of the Legislation Act 2019 (and section 120(2) of that Act applies to the extension or revocation for that purpose).

          Notes
          • Section 146: replaced, on , by section 63 of the Biosecurity Law Reform Act 2012 (2012 No 73).
          • Section 146(7): replaced, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).
          • Section 146(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).