Biosecurity Act 1993

Importation of risk goods - Information sharing for joint border management

41H: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency

You could also call this:

"You can give border information to Customs or another agency, not just the Ministry."

If you have to give border information because of the Biosecurity Act 1993, you can give it to Customs or another agency instead of the Ministry. You can give the information to Customs for the purposes of, and in accordance with, section 302(1) of the Customs and Excise Act 2018. You can also give the information to an agency appointed under section 41G(3) for the purposes of, and in accordance with, section 41G(1) of this Act or section 302(1) of the Customs and Excise Act 2018.

However, if the Director-General gives you a written notice, you must give the border information to the Ministry instead of to Customs or an agency appointed under section 41G(3). This notice will tell you what to do with the information. You must follow the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4417034.


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41G: Collection of border information, or

"Gathering information from people crossing New Zealand's borders"


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41I: Ministry may access border information, or

"The government can look at information about people and things crossing the border to help keep New Zealand safe."

Part 3Importation of risk goods
Information sharing for joint border management

41HRequirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency

  1. A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—

  2. the Customs, for the purposes of, and in accordance with, section 302(1) of the Customs and Excise Act 2018:
    1. an agency appointed under section 41G(3), for the purposes of, and in accordance with, section 41G(1) of this Act or section 302(1) of the Customs and Excise Act 2018.
      1. However, subsection (1) does not apply if the Director-General has given the person a written notice requiring the border information to be supplied to the Ministry instead of to the Customs or an agency appointed under section 41G(3).

      Notes
      • Section 41H: inserted, on , by section 4 of the Biosecurity Amendment Act 2012 (2012 No 26).
      • Section 41H(1)(a): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
      • Section 41H(1)(b): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).