Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

159: Proceedings for infringement offences other than border infringement offences

You could also call this:

"What happens if you break biosecurity rules, except at the border"

If you are suspected of committing an infringement offence under the Biosecurity Act, except for border infringement offences, an inspector or authorised person may take action against you. They can file a charging document under section 14 of the Criminal Procedure Act 2011. Alternatively, they can issue you an infringement notice.

You will receive the infringement notice, which will tell you about the offence, the fee you must pay, and where and when you can pay it. The notice will also explain that you have the right to request a hearing and what will happen if you do not pay the fee or request a hearing. The notice must follow a format set by regulations under this Act and include a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957.

The inspector or authorised person can deliver the notice to you in person or send it to you by post. If they send it by post, it is considered served when it is posted. Proceedings for the offence may be commenced in accordance with section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316728.


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"Money from fines goes to the group that took you to court"


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159A: Accelerated infringement notice procedure for border infringement offences, or

"Faster punishment for breaking biosecurity rules at the border"

Part 8Enforcement, offences, and penalties
Offences

159Proceedings for infringement offences other than border infringement offences

  1. This section does not apply to border infringement offences.

  2. This section applies when—

  3. an inspector has reason to believe that a defendant has committed an infringement offence:
    1. an authorised person has reason to believe that a defendant has committed an infringement offence that the authorised person may deal with within his or her terms of appointment under section 103(1)(b), (2), or (3).
      1. Proceedings may be taken against the defendant by filing a charging document under section 14 of the Criminal Procedure Act 2011.

      2. Alternatively, the inspector or the authorised person may issue an infringement notice to the defendant. In that case,—

      3. proceedings for the offence may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and
        1. section 21 of that Act applies with all necessary modifications.
          1. Any inspector (not necessarily the inspector who issued the notice), the authorised person (the authorised person who issued the notice), or an authorised person appointed by the same appointer as appointed the authorised person who issued the notice

          2. may deliver it (or a copy of it) to the defendant personally; or
            1. may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business; and in that case it (or the copy) shall be deemed to have been served on the defendant when it was posted.
              1. Every infringement notice shall be in a form prescribed by regulations made under this Act; and shall specify—

              2. sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
                1. the amount of the infringement fee for the offence; and
                  1. where the fee may be paid; and
                    1. the time within which the fee may be paid; and
                      1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                        1. that the defendant has the right to request a hearing; and
                          1. a statement of what will happen if the defendant neither pays the fee nor requests a hearing; and
                            1. any other matters prescribed in that behalf.
                              Notes
                              • Section 159 heading: replaced, on , by section 6(1) of the Biosecurity Amendment Act 2009 (2009 No 66).
                              • Section 159 heading: amended, on , by section 69(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(1): replaced, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(1A): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(1B): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(1B): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 159(1C): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(2): amended, on , by section 69(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 159(2)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 159(3)(b): replaced, on , by section 6(3) of the Biosecurity Amendment Act 2009 (2009 No 66).