Biosecurity Act 1993

Miscellaneous provisions

166: General provisions as to regulations

You could also call this:

"Rules about creating and using regulations to keep people and the environment safe"

The Biosecurity Act 1993 has rules about regulations. You can think of regulations like instructions that help keep people and the environment safe. Regulations can apply to everyone or just to certain people, areas, or situations. The Minister can decide which areas or people the regulations apply to by giving a notice.

When the Minister gives a notice, it is called secondary legislation, which means it is a type of law that is made under another law. You can learn more about secondary legislation by reading Part 3 of the Legislation Act 2019.

Regulations can give power to certain people, like Ministers or chief executives, to make decisions or give orders. These people can include inspectors or others who are authorised to make decisions. Regulations can also allow the Director-General to exempt certain people, places, or things from following the rules if it is not necessary.

If the Director-General exempts someone or something from the rules, the exemption is also secondary legislation, and you can learn more about this by reading Part 3 of the Legislation Act 2019. The regulations must say that the Director-General has the power to grant exemptions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316767.


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Part 9Miscellaneous provisions

166General provisions as to regulations

  1. Any regulation made under this Act may apply generally or may apply or be applied from time to time by the Minister by notice within any specified district or region of any local authority or within any specified part of New Zealand or may apply to any specified category or categories of persons.

  2. A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

  3. Repealed
  4. Any regulations made under this Act may confer power to issue directions, orders, requirements, permits, or notices for the purposes of this Act on all or any of the following:

  5. all Ministers, Ministers of a specified kind or description, or any specified Minister or Ministers:
    1. all chief executives, chief executives of a specified kind or description, or any specified chief executive or chief executives:
      1. all principal officers, principal officers of a specified kind or description, or any specified principal officer or principal officers:
        1. all chief technical officers, chief technical officers of a specified kind or description, or any specified chief technical officer or chief technical officers:
          1. all inspectors, or inspectors of a specified kind or description:
            1. all authorised persons, or authorised persons of a specified kind or description.
              1. Regulations made under this Act may authorise the Director-General to exempt—

              2. any conveyance; or
                1. conveyances of any kind or description; or
                  1. any other place; or
                    1. other places of any kind or description; or
                      1. any person; or
                        1. persons of any kind or description,—
                          1. from any requirement of those regulations, or any other regulations made under this Act, if satisfied that, in the circumstances, the imposition of the requirement on that conveyance, those conveyances, that place, those places, that person, or those persons, is not necessary.

                          2. If regulations made under this Act authorise the granting of an exemption under subsection (4)(b), (d), or (f),—

                          3. the instrument granting an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                            1. the regulations must contain a statement to that effect.
                              Compare
                              • 1967 No 50 s 107
                              Notes
                              • Section 166(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 166(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 166(2): repealed, on , by section 79 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 166(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).