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Biosecurity Act 1993

Savings and transitional provisions

184A: Designated as approved, or approved, ports

You could also call this:

"Approved ports in New Zealand for keeping our country safe from biosecurity risks"

You need to know about the ports in New Zealand that are approved for biosecurity. The ports listed in Part A of Schedule 9 are treated as approved from 1 July 1995. The Director-General can approve these ports under section 37.

For the ports in Part B of Schedule 9, they are treated as approved from 25 May 1998. The Director-General can also approve these ports under section 37. These ports are treated as having been designated as approved under section 37 for all kinds of aircraft and vessels.

The Director-General has control over a place in each port for biosecurity purposes. This control is in place from the time the port is approved until the Director-General suspends or revokes the approval. You can find more information about the Biosecurity (Status of Specified Ports) Amendment Act 2005 which changed the rules for these ports.

The rules for these ports apply from certain dates, which depend on when the Director-General approved each port. For ports in Part A of Schedule 9, the rules apply from 1 July 1995 until the port is approved or the Biosecurity (Status of Specified Ports) Amendment Act 2005 comes into effect. For ports in Part B of Schedule 9, the rules apply from 25 May 1998 until the port is approved or the Biosecurity (Status of Specified Ports) Amendment Act 2005 comes into effect.

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Part 10Savings and transitional provisions

184ADesignated as approved, or approved, ports

  1. For the ports specified in Part A of Schedule 9, the following provisions apply:

  2. for the period between 1 July 1995 and 25 November 1997, each port is treated as having been designated as approved under section 37; and
    1. for the period between 26 November 1997 and the date after 26 November 1997 on which the Director-General approves the port under section 37, each port is treated as having been approved under section 37; and
      1. for the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves a port under section 37, every requirement of section 37 concerning the port is treated as having been satisfied.

        1. The effect of subsection (1) is that a biosecurity control area existed at each port specified in Part A of Schedule 9 for the time to which both the following apply:

        2. the time occurred in the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves the port under section 37; and
          1. throughout the time, the port had a place that—
            1. was part of the port; and
              1. was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.

              2. For the ports specified in Part B of Schedule 9, the following provisions apply for the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves each port under section 37:

              3. each port is treated as having been approved under section 37; and
                1. every requirement of section 37 concerning the port is treated as having been satisfied.

                  1. The effect of subsection (3) is that a biosecurity control area existed at each port specified in Part B of Schedule 9 for the time to which both the following apply:

                  2. the time occurred in the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves the port under section 37; and
                    1. throughout the time, the port had a place that—
                      1. was part of the port; and
                        1. was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.

                        2. The ports specified in Schedule 9 are treated as having been designated as approved, or approved, under section 37—

                        3. for all kinds of aircraft, for each airport; and
                          1. for all kinds of vessels, for each other port.

                            1. The following provisions apply to a designation or an approval to which this section applies:

                            2. after consulting under section 37D, the Director-General may suspend or revoke the designation or approval under section 37B; and
                              1. the designation or approval ceases to have effect in the manner and at the time stated in the suspension or revocation.

                                1. Subsections (1) to (6)—

                                2. do not apply in civil proceedings commenced before 13 December 2005; and
                                  1. apply in civil proceedings commenced on or after 13 December 2005; and
                                    1. do not apply to conduct that—
                                      1. resulted or could result in the entry of a conviction or the entry of a conviction and the imposition of a sentence; and
                                        1. occurred at a port before or in the period described for the port in subsection (8); and
                                        2. apply to conduct that occurs at a port after the period described for the port in subsection (8).

                                          1. The periods are,—

                                          2. for each port specified in Part A of Schedule 9, the period that starts on 1 July 1995 and ends on the earlier of the following dates:
                                            1. the date after 1 July 1995 on which the Director-General approves the port under section 37; and
                                              1. the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent; and
                                              2. for each port specified in Part B of Schedule 9, the period that starts on 25 May 1998 and ends on the earlier of the following dates:
                                                1. the date after 25 May 1998 on which the Director-General approves the port under section 37; and
                                                  1. the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent.

                                                  Notes
                                                  • Section 184A: inserted, on , by section 4 of the Biosecurity (Status of Specified Ports) Amendment Act 2005 (2005 No 124).