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Biosecurity Act 1993

Importation of risk goods - Import health standards

24B: Amendment, revocation, suspension, and reinstatement

You could also call this:

"Changing import health standards: how to amend, revoke, suspend, or reinstate them"

If you want to change an import health standard, the rules in sections 23 to 24A apply. You need to follow these rules when you propose to amend or revoke an import health standard. A chief technical officer can make some changes without following all the rules if it is urgent or the change is minor.

If a chief technical officer thinks an import health standard is not working, they can recommend suspending it. The Director-General can then suspend the standard. The officer can also recommend suspending the standard for certain goods, like goods from a specific country.

If the situation changes, a chief technical officer can recommend reinstating a suspended import health standard. The Director-General can then reinstate the standard. This can also happen for specific goods that the standard was suspended for.

When an import health standard is amended, revoked, suspended, or reinstated, it is considered secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. However, it comes into effect according to section 24A(2), even if it has not been published yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4757516.

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24A: Issue, or

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Part 3Importation of risk goods
Import health standards

24BAmendment, revocation, suspension, and reinstatement

  1. Sections 23 to 24A apply, to the extent to which they are relevant and reading in any necessary modifications, to—

  2. proposed amendments to an import health standard:
    1. a proposal to revoke an import health standard.

      1. However, if a chief technical officer considers that the standard needs to be amended or revoked urgently or that a proposed amendment is minor, the officer is not required to comply with section 23(3).

      2. Subsections (4) and (5) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to no longer enable the purposes of this Part to be achieved.

      3. The officer may recommend to the Director-General the suspension of the standard.

      4. After receiving the officer's recommendation, the Director-General may suspend the standard.

      5. Subsections (5B) to (5D) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to no longer enable the purposes of this Part to be achieved in relation to 1 or more goods covered by the standard.

      6. The officer may, in accordance with subsection (5D), recommend to the Director-General the suspension of the standard in relation to—

      7. goods of a specified class or description; or
        1. goods of a specified class or description imported from—
          1. a specified country or countries; or
            1. countries of a specified class or description; or
              1. a specified location or locations; or
                1. all countries.

                2. After receiving the officer’s recommendation, the Director-General may suspend the standard in relation to those goods.

                3. The officer must not recommend the suspension of the standard in relation to all goods covered by the standard.

                4. Subsections (7) and (8) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a suspended import health standard to again enable the purposes of this Part to be achieved.

                5. The officer may recommend to the Director-General the reinstatement of the standard.

                6. After receiving the officer's recommendation, the Director-General may reinstate the standard.

                7. Subsections (10) and (11) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to again enable the purposes of this Part to be achieved in relation to 1 or more goods in respect of which the standard is suspended.

                8. The officer may recommend to the Director-General the reinstatement of the standard in relation to those goods.

                9. After receiving the officer’s recommendation, the Director-General may reinstate the standard in relation to those goods.

                10. An amendment, revocation, suspension, or reinstatement of an import health standard—

                11. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); but
                  1. commences in accordance with section 24A(2), even if it is not yet published.

                    Notes
                    • Section 24B: inserted, on , by section 20 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                    • Section 24B(3) heading: replaced, on , by section 14(1) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(5A) heading: inserted, on , by section 14(2) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(5A): inserted, on , by section 14(2) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(5B): inserted, on , by section 14(2) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(5C): inserted, on , by section 14(2) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(5D): inserted, on , by section 14(2) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(6) heading: replaced, on , by section 14(3) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(9) heading: inserted, on , by section 14(4) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(9): inserted, on , by section 14(4) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(10): inserted, on , by section 14(4) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(11): inserted, on , by section 14(4) of the Statutes Amendment Act 2018 (2018 No 27).
                    • Section 24B(12) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 24B(12): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).