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Biosecurity Act 1993

Exigency actions

152: Provisional control action

You could also call this:

"Stopping pests quickly: taking temporary action to protect New Zealand"

If you think a pest or unwanted organism might be in New Zealand, a Minister can take action. The Minister can declare a provisional control programme if they believe they do not have enough power to stop the organism from spreading. You can find more information about this in the Biosecurity Act 1993, which was amended by the Biosecurity Amendment Act 1997.

The Minister must write to a chief technical officer to declare the programme. The Minister will say what steps they think are necessary to control the organism. The chief technical officer can then tell inspectors or authorised people to take these steps.

The provisional control programme can last for up to 60 days, but the Minister can extend it for another 60 days if they think it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316708.

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Part 7Exigency actions

152Provisional control action

  1. If a Minister suspects on reasonable grounds that a pest or unwanted organism may be present in New Zealand but is unable to confirm the suspicion until further information is available to enable identification of the organism and consideration of the appropriate means of eradicating or managing the organism, and the Minister believes on reasonable grounds that sufficient powers are not otherwise available under this Act to prevent the spread or development of the organism, the Minister may by written notice to a chief technical officer declare a provisional control programme.

  2. A notice given under subsection (1) must—

  3. specify the steps that the Minister believes are necessary or desirable to provisionally control the spread or development of the suspected organism; and
    1. authorise the chief technical officer to direct any inspector or authorised person to carry out the steps specified in the notice in such a manner as the chief technical officer thinks fit, and the inspector or authorised person may act accordingly.

      1. A provisional control programme declared in accordance with this section may remain in force for such period not exceeding 60 days as the Minister believes on reasonable grounds to be necessary and the Minister may extend the programme for 1 further period not exceeding 60 days.

      Notes
      • Section 152: replaced, on , by section 100 of the Biosecurity Amendment Act 1997 (1997 No 89).