Biosecurity Act 1993

Savings and transitional provisions

185A: Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996

You could also call this:

"Organisms in New Zealand that were not allowed to be here when the Hazardous Substances and New Organisms Act 1996 started"

When the Hazardous Substances and New Organisms Act 1996 started, some organisms were already in New Zealand even though they were not allowed to be here. You might think of these as things that were brought into the country without permission. If an organism was in New Zealand and broke the rules of the Animals Act 1967 or the Plants Act 1970, it is considered uncleared goods.

If a genetically modified organism was in New Zealand when the Hazardous Substances and New Organisms Act 1996 started and certain rules did not apply to it, that organism is also considered uncleared goods. There are also rules about micro-organisms, and if no application was made for them within a year of the Act starting, they can be considered uncleared goods too.

Some organisms are exempt from these rules, like the rabbit haemorrhagic disease virus or rabbit calicivirus.

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Part 10Savings and transitional provisions

185AOrganisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996

  1. Where, at the date of commencement of the Hazardous Substances and New Organisms Act 1996, any organism is present in New Zealand in contravention of the Animals Act 1967 or the Plants Act 1970, that organism is deemed to be uncleared goods for the purposes of this Act.

  2. Where, at the date of commencement of the Hazardous Substances and New Organisms Act 1996, a genetically modified organism is present in New Zealand and section 257 of the Hazardous Substances and New Organisms Act 1996 does not apply to that organism, that organism is deemed to be uncleared goods for the purposes of this Act.

  3. Where section 259 of the Hazardous Substances and New Organisms Act 1996 applies to a culture of micro-organisms and no application has been made in respect of that culture of micro-organisms within 1 year of the date of commencement of that Act, that culture of micro-organisms is, at the expiry of that year, deemed to be uncleared goods for the purposes of this Act.

  4. Nothing in this section applies to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.

Notes
  • Section 185A: inserted, on , by section 129 of the Biosecurity Amendment Act 1997 (1997 No 89).
  • Section 185A(4): inserted, on , by section 4 of the Biosecurity (Rabbit Calicivirus) Amendment Act 1998 (1998 No 12).