Biosecurity Act 1993

Miscellaneous provisions

165: Regulations

You could also call this:

"Rules made by the Governor-General to help keep New Zealand safe"

The Governor-General can make rules, called regulations, for many purposes. You need to know that these regulations can be about giving notice when goods arrive in New Zealand. The Governor-General can make regulations about what information you must give when you bring goods into New Zealand, such as when and where the goods will arrive, what they are, and where they came from. The Governor-General can also make regulations about managing risks after goods have been cleared, like how goods can be used and who can use them.

The Governor-General can make regulations for other things too, like assigning responsibility, managing pests, and controlling waste. You must follow the regulations, and if you do not, you might commit an offence. The Governor-General can also make regulations about permits, registrations, and exemptions, and how to apply for them.

Regulations can also be about keeping records and providing information to the Director-General. The Governor-General can make regulations to give effect to the Biosecurity Act, and these regulations are secondary legislation, which means they have to be published in a certain way. If you want to know more about secondary legislation, you can look at Part 3 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=DLM316753.


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164D: Consultation about regulations, or

"Talking to people before making new biosecurity rules"


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165A: Regulations relating to definition of Ministry-related border management function in section 41A(1), or

"Rules for managing New Zealand's borders"

Part 9Miscellaneous provisions

165Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17(11).

  2. The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17AA(2) and (3).

  3. The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17A(2), (3), (7), and (9).

  4. The Governor-General may from time to time, by Order in Council, make regulations on any or all of the following matters relating to the giving of notice of goods' intended arrival in New Zealand:

  5. requiring that the notice be given to the Director-General:
    1. specifying the class or description of importer who must give the notice:
      1. specifying the class or description of goods of which notice must be given:
        1. requiring that the notice contain any or all of the following information about the goods:
          1. when and where, approximately, they will arrive in New Zealand:
            1. their nature:
              1. details of their journey, including their place of origin:
                1. the craft they are on:
                  1. the basis on which the importer believes that they are eligible to receive a biosecurity clearance under section 26:
                  2. specifying the length of time before the goods arrive in New Zealand at which the notice must be given:
                    1. requiring importers giving notices—
                      1. to give different information about the matters depending on the class or description of the goods:
                        1. to give the information at different times depending on the class or description of the goods:
                        2. providing for the Director-General to require the giving of the notice earlier than the times specified in the regulations if—
                          1. an emergency or an urgent situation has arisen; and
                            1. the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
                              1. the earlier giving of the notice is necessary to avoid or mitigate the risk:
                              2. specifying the form and manner in which the notice must be given.
                                1. The Governor-General may from time to time, by Order in Council, make regulations on any or all of the following for the purpose of managing risks associated with goods after the goods have received a biosecurity clearance:

                                2. the class or description of goods to which the regulations apply:
                                  1. the class or description of persons to whom the regulations apply:
                                    1. the places or areas in New Zealand in which the regulations apply:
                                      1. the use to which the goods must be put:
                                        1. the restrictions or conditions on the use of the goods:
                                          1. requirements when ownership or possession of the goods is transferred:
                                            1. requirements to label the goods:
                                              1. requirements to report on or monitor the goods:
                                                1. requirements to keep records:
                                                  1. requirements to notify the Director-General of matters:
                                                    1. the duration of requirements in the regulations:
                                                      1. a system for auditing and verifying compliance with the requirements in the regulations:
                                                        1. any other matters reasonably necessary for the effective implementation of the requirements in the regulations.
                                                          1. The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 38.

                                                          2. The Governor-General may from time to time, by Order in Council, make regulations setting out the process for assigning responsibility under section 55, which must cover at least the following:

                                                          3. what criteria the Minister must apply in assigning responsibility:
                                                            1. what kind of consultation the Minister must undertake:
                                                              1. how the Minister must communicate the Minister's decision to the decision-maker and the public.
                                                                1. The Governor-General may from time to time, by Order in Council, make regulations about proposals for pest management plans or pathway management plans, prescribing procedures on—

                                                                2. preparation:
                                                                  1. notification:
                                                                    1. consultation:
                                                                      1. submissions:
                                                                        1. hearings:
                                                                          1. the protection of sensitive information.
                                                                            1. The Governor-General may from time to time, by Order in Council, make regulations—

                                                                            2. prescribing procedures to be followed and standards to be met by management agencies and persons acting on behalf of management agencies in implementing pest management plans or pathway management plans:
                                                                              1. requiring reporting on the achievement of objectives in pest management plans or pathway management plans and on other aspects of performance relating to pest management plans or pathway management plans.
                                                                                1. The Governor-General may from time to time, by Order in Council, make regulations—

                                                                                2. prescribing standards of technical competence, experience, and qualifications relating to—
                                                                                  1. the appointment of inspectors and authorised persons:
                                                                                    1. the accreditation of accredited persons:
                                                                                    2. prescribing procedures relating to—
                                                                                      1. the appointment of inspectors and authorised persons:
                                                                                        1. the accreditation of accredited persons.
                                                                                        2. The Governor-General may from time to time, by Order in Council, make regulations prescribing procedures to be followed and standards to be met by—

                                                                                        3. inspectors:
                                                                                          1. authorised persons:
                                                                                            1. persons involved in the handling of diseased or pestiferous organic material:
                                                                                              1. other persons involved in the exercise of a power or the carrying out of a function or duty under this Act.
                                                                                                1. The Governor-General may from time to time, by Order in Council, make regulations specifying audits for the purposes of section 105C(3).

                                                                                                2. The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 121A prescribing articles or substances that may be left on any place.

                                                                                                3. The Governor-General may from time to time, by Order in Council, make regulations prescribing the following matters relating to costs:

                                                                                                4. the matters for which they are recoverable under—
                                                                                                  1. this Act:
                                                                                                    1. regulations:
                                                                                                      1. pest management plans:
                                                                                                        1. pathway management plans:
                                                                                                        2. their amounts:
                                                                                                          1. the method by which they must be assessed:
                                                                                                            1. the persons liable for their payment:
                                                                                                              1. the circumstances in which their recovery may be wholly or partly waived or remitted.
                                                                                                                1. This section does not authorise the making of regulations prescribing fees and charges to recover the costs of processing travellers to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.

                                                                                                                2. The Governor-General may from time to time, by Order in Council, make regulations prescribing methods of implementing and enforcing standards prescribed under this Act.

                                                                                                                3. The Governor-General may from time to time, by Order in Council, make regulations on the following matters relating to offences:

                                                                                                                4. prescribing offences committed by contravening a regulation made under this Act:
                                                                                                                  1. prescribing offences committed by contravening a lawful direction or requirement under a regulation made under this Act:
                                                                                                                    1. prescribing the offences against or under this Act that are infringement offences:
                                                                                                                      1. prescribing the form of an infringement notice for an infringement offence:
                                                                                                                        1. prescribing any additional particulars required in an infringement notice for an infringement offence:
                                                                                                                          1. prescribing an infringement fee no greater than $1,000 payable for each infringement offence:
                                                                                                                            1. specifying that an infringement offence is a border infringement offence if it is committed—
                                                                                                                              1. in a biosecurity control area at a port approved under section 37; or
                                                                                                                                1. at a port approved under section 37A:
                                                                                                                                2. prescribing the form of an infringement notice for a border infringement offence:
                                                                                                                                  1. prescribing any additional particulars required in an infringement notice for a border infringement offence.
                                                                                                                                    1. The Governor-General may from time to time, by Order in Council, make regulations specifying requirements in regulations or rules whose contravention gives rise to liability for the purposes of section 154H(2)(r).

                                                                                                                                    2. The Governor-General may from time to time, by Order in Council, make regulations regulating or controlling the holding, disposal, and treatment of risk goods.

                                                                                                                                    3. The Governor-General may from time to time, by Order in Council, make regulations about garbage and other waste organic material,—

                                                                                                                                    4. prohibiting or controlling its disposal:
                                                                                                                                      1. providing for controls to prevent access to it by animals.
                                                                                                                                        1. The Governor-General may from time to time, by Order in Council, make regulations about organic material,—

                                                                                                                                        2. requiring its identification:
                                                                                                                                          1. prohibiting, regulating, or controlling its use:
                                                                                                                                            1. prohibiting or regulating organic material as food for organisms.
                                                                                                                                              1. The Governor-General may from time to time, by Order in Council, make regulations about places that are particularly liable to harbour pests or unwanted organisms, or are difficult to monitor, or may serve as an active source of pests or unwanted organisms,—

                                                                                                                                              2. providing for their registration:
                                                                                                                                                1. prescribing technical standards for their construction, equipping, maintenance, and operation:
                                                                                                                                                  1. prescribing standards for their operators.
                                                                                                                                                    1. The Governor-General may from time to time, by Order in Council, make regulations prescribing standards for places that are required to be designated, registered, or approved—

                                                                                                                                                    2. under this Act; or
                                                                                                                                                      1. under regulations.
                                                                                                                                                        1. The Governor-General may from time to time, by Order in Council, make regulations about permits, registrations, approvals, and exemptions under this Act,—

                                                                                                                                                        2. prescribing the manner and content of applications for them:
                                                                                                                                                          1. prescribing procedures for the assessment, consideration, approval, and refusal of applications for them:
                                                                                                                                                            1. prescribing conditions that must or may be attached to them:
                                                                                                                                                              1. regulating their issue, transfer, amendment, suspension, revocation, cancellation, or withdrawal:
                                                                                                                                                                1. requiring their holders to—
                                                                                                                                                                  1. keep records; and
                                                                                                                                                                    1. provide copies of the records to the Director-General or any other chief executive, whenever the holders are asked and wherever the records are held; and
                                                                                                                                                                      1. provide copies of any other information to the Director-General or any other chief executive, whenever the holders are asked and wherever the information is held.
                                                                                                                                                                      2. The Governor-General may from time to time, by Order in Council, make regulations requiring persons engaged in prescribed activities to—

                                                                                                                                                                      3. keep records; and
                                                                                                                                                                        1. provide copies of the records to the Director-General or any other chief executive, whenever the holders are asked and wherever the records are held; and
                                                                                                                                                                          1. provide copies of any other information to the Director-General or any other chief executive, whenever the holders are asked and wherever the information is held.
                                                                                                                                                                            1. The Governor-General may from time to time, by Order in Council, make regulations specifying the manner in which information that must be provided under this Act must be provided.

                                                                                                                                                                            2. The Governor-General may from time to time, by Order in Council, make regulations providing for matters that are contemplated by this Act or necessary to give it full effect or necessary for its administration.

                                                                                                                                                                            3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                                                                                                                            4. If regulations under subsection (12)(e) authorise a person to waive or remit costs, in whole or in part,—

                                                                                                                                                                            5. the instrument by which the power is exercised is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the instrument applies only to 1 or more named persons; and
                                                                                                                                                                              1. the regulations must contain a statement to that effect.
                                                                                                                                                                                Notes
                                                                                                                                                                                • Section 165: replaced, on , by section 78 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                                                                                                                                                • Section 165(1AA): inserted, on , by section 7 of the Biosecurity (Information for Incoming Passengers) Amendment Act 2022 (2022 No 55).
                                                                                                                                                                                • Section 165(1A): inserted, on , by section 14 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
                                                                                                                                                                                • Section 165(12A): inserted, on , by section 21(1) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3).
                                                                                                                                                                                • Section 165(25) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                                                                                                • Section 165(25): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                                                                                                • Section 165(26): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                                                                                                • Section 165(26): amended, on , by regulation 18 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).