Biosecurity Act 1993

Miscellaneous provisions

164A: Procedure for giving directions or making requirements

You could also call this:

"How to give someone a direction or make a requirement under the Biosecurity Act"

When you need to give someone a direction or make a requirement under the Biosecurity Act 1993, you must do it in a certain way. You can give a direction or make a requirement by delivering a written notice to the person or organisation. The notice can be delivered in different ways, such as by hand, by post, by fax or by email.

If the direction or requirement is for a natural person, you can deliver the notice to them directly, or to their home or workplace. You can also send the notice by pre-paid post or by fax or email to their fax number or email address. If the direction or requirement is for a body, such as a company, you can deliver the notice to one of its officers, or to its registered office.

If the direction or requirement is for a partnership, you can deliver the notice to one of the partners, or to the partnership's workplace. If the direction or requirement is for a Minister of the Crown, you can deliver the notice to the chief executive of their department, or to the department's head office. You can also send the notice by pre-paid post, by fax or by email to the department's fax number or email address.

If you cannot find the person or organisation to deliver the notice to, you can affix the notice to a conspicuous location at their place. If you send the notice by post, it is considered to be delivered when it would normally arrive in the mail, unless there is evidence to the contrary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316747.


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"The government is not responsible for damage to your goods if they are being held to protect New Zealand from pests or diseases."


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164B: Application of section 164A, or

"When to use the extra rules for giving directions or making requirements"

Part 9Miscellaneous provisions

164AProcedure for giving directions or making requirements

  1. A direction may be given or a requirement made under this Act by a written notice delivered—

  2. to a natural person,—
    1. by delivering the notice to the person; or
      1. by delivering the notice to the person's usual or last known place of residence or business; or
        1. by sending the notice by pre-paid post to the person at the usual or last known place of residence or business of the person; or
          1. by sending the notice by fax or email to the person's fax number or email address:
          2. to a body (whether incorporated or not),—
            1. by delivering the notice to an officer of the body; or
              1. by delivering the notice to the usual or last known place of residence or business of an officer of the body; or
                1. by sending the notice by pre-paid post to an officer of the body at the usual or last known place of residence or business of that person; or
                  1. by delivery of the notice to the registered office of the body; or
                    1. by sending the notice by pre-paid post addressed to the body at the registered office of the body; or
                      1. by sending the notice by fax or email to the fax number or email address of the body's registered office:
                      2. to a partnership,—
                        1. by delivering the notice to any one of the partners; or
                          1. by delivering the notice to the usual or last known place of residence or business of any one of the partners; or
                            1. by sending the notice by pre-paid post to any one of the partners at the usual or last known place of residence or business of that person; or
                              1. by delivery of the notice to the usual or last known place of business of the partnership; or
                                1. by sending the notice by pre-paid post addressed to the usual or last known place of business of the partnership; or
                                  1. by sending the notice by fax or email to the partnership's fax number or email address:
                                  2. to a Minister of the Crown,—
                                    1. by personal delivery to the chief executive of the appropriate department; or
                                      1. by delivery to the head office of the appropriate department; or
                                        1. by sending the notice by pre-paid post addressed to the head office of the appropriate department; or
                                          1. by sending the notice by fax or email to the fax number or email address of the head office of the appropriate department.
                                          2. Where reasonable attempts have been made to find the occupier of a place and no occupier can be found, a written notice under this section may be delivered to the occupier of that place by affixing the notice in some conspicuous location in or on the place.

                                          3. Where a written notice is delivered in accordance with this section by post, the direction or requirement contained in the notice is deemed to be given or made at the time at which the notice would have been delivered in the ordinary course of the post in the absence of evidence to the contrary.

                                          Notes
                                          • Section 164A: inserted, on , by section 107 of the Biosecurity Amendment Act 1997 (1997 No 89).
                                          • Section 164A(1)(a)(iv): amended, on , by section 76(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                          • Section 164A(1)(b)(vi): amended, on , by section 76(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                          • Section 164A(1)(c)(vi): amended, on , by section 76(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                          • Section 164A(1)(d)(iv): amended, on , by section 76(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).