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Biosecurity Act 1993

Exigency actions

150: Biosecurity emergency regulations

You could also call this:

"Rules to help keep New Zealand safe during a biosecurity emergency"

When there is a biosecurity emergency, the Governor-General can make special regulations to help deal with it. You need to know that the Minister must talk to people who will be affected by these regulations before they are made. The Minister will only recommend making these regulations if they are necessary to get rid of or manage the organism that is causing the emergency.

The regulations can create new offences, which are things you are not allowed to do. If you break one of these regulations, you can get a fine - $15,000 if you are an individual, or $75,000 if you are a company. The regulations can also say how disputes will be sorted out.

These biosecurity emergency regulations are a type of secondary legislation - you can learn more about this in Part 3 of the Legislation Act 2019. They come into effect as soon as they are made, or at a later time that is specified in the regulations. The regulations must be shown to the House of Representatives, and they must be confirmed by a new law - you can learn more about this in subpart 3 of Part 5 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316704.

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Part 7Exigency actions

150Biosecurity emergency regulations

  1. On the recommendation of the Minister, the Governor-General may, at any time while a declaration of biosecurity emergency is in force, by Order in Council make regulations for the eradication or management of the organism in respect of which the emergency has been declared or otherwise for dealing effectively with the emergency.

  2. 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 affected by the proposed regulations before recommending that the Governor-General make regulations under this section; and shall not recommend that the Governor-General make them unless satisfied, on reasonable grounds, that they are necessary or desirable for the eradication or management of the organism concerned.

  3. Without prejudice to the generality of subsection (1), biosecurity emergency regulations may do all or any of the following things:

  4. create offences in respect of the breach of a biosecurity emergency regulation or non-compliance with a direction given or requirement made under the authority of such a regulation:
    1. prescribe as the penalty for an offence created by a biosecurity emergency regulation—
      1. where the offence is committed by an individual, a fine not exceeding $15,000; and
        1. where the offence is committed by a body corporate, a fine not exceeding $75,000:
              1. prescribe procedures for arbitration or resolution of disputes.

                1. The following apply to biosecurity emergency regulations:

                2. they are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
                  1. they commence when the regulations are made or at a later time specified in the regulations, even if they are not yet published:
                    1. they must be presented to the House of Representatives no later than the second sitting day after they are made:
                      1. they must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                        1. Repealed
                        Notes
                        • Section 150(1): amended, on , by section 65 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                        • Section 150(1): amended, on , by section 99 of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 150(2): amended, on , by section 65 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                        • Section 150(2): amended, on , by section 99 of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 150(3)(c): repealed, on , by section 106(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 150(3)(d): repealed, on , by section 106(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 150(3)(e): repealed, on , by section 106(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 150(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 150(5): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).