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Biosecurity Act 1993

Importation of risk goods - Information sharing for joint border management

41I: Ministry may access border information

You could also call this:

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

The Ministry can access border information stored in a system called a JBMS if it is needed for a Ministry-related border management function. This means you can expect the Ministry to look at information about people, goods, and craft that cross the border. The Ministry can do this even if the information is personal, despite what is said in the information privacy principle 10 of the Privacy Act 2020.

The Ministry can access border information stored in a JBMS no matter when the information was collected or who collected it. You can think of a JBMS like a big database that stores information about what happens at the border.

The Ministry can analyse the border information it has access to, to look at risk patterns or risk profiles related to goods, people, or craft that cross the border, as well as import or export transactions, and importers or exporters.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4417035.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control
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41H: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency, or

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

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42: Purpose of Part 4, or

"Keeping New Zealand safe from pests and unwanted organisms"

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

41IMinistry may access border information

  1. The Ministry may access any border information stored in a JBMS that is needed for, or relevant to, a Ministry-related border management function.

  2. If the border information is personal information, subsection (1) applies despite anything in information privacy principle 10 of the Privacy Act 2020.

  3. Subsections (1) and (2) apply to any border information stored in a JBMS, whether the border information was or is collected—

  4. before, on, or after the commencement of this section; or
    1. by an agency appointed under section 41G(3).

      1. To avoid doubt, nothing in subsection (1) limits or prevents the Ministry from carrying out an analysis of any border information to which it has access under that subsection for the purpose of examining risk patterns or risk profiles in relation to any or all of the following:

      2. goods, persons, or craft:
        1. import or export transactions:
          1. importers or exporters.

            Notes
            • Section 41I: inserted, on , by section 4 of the Biosecurity Amendment Act 2012 (2012 No 26).
            • Section 41I(1): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
            • Section 41I(1): amended, on , by section 9 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
            • Section 41I(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
            • Section 41I(3): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).