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Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

35A: Duty of persons to remain in biosecurity control areas

You could also call this:

"Stay in the biosecurity area until an officer says you can leave"

If you arrive in New Zealand and are in a biosecurity control area, you must stay there until your arrival is processed. This means you must wait until certain steps are taken, such as an officer checking if any powers or duties in the Act apply to you. You must also follow any directions given by an inspector.

You have to comply with all your obligations under the Act when you arrive in New Zealand. An inspector can tell you to follow the rules in this section. In this section, the Act refers to the Customs and Excise Act 2018 or the Immigration Act 2009. You must stay in the area until all the necessary steps are taken and you have met all your obligations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4757528.

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35: Duties of persons in biosecurity control areas, or

"What to do if you're in a biosecurity control area: answer questions and show ID honestly"

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36: Movement of risk goods, or

"Rules for moving risky items in special areas"

Part 3Importation of risk goods
Inspections, declarations, etc

35ADuty of persons to remain in biosecurity control areas

  1. This section applies to a person in a biosecurity control area who has arrived in New Zealand.

  2. The person must remain in the area until the person's arrival in New Zealand is processed by the taking of whichever of the following steps are relevant:

  3. consideration by an officer authorised under the Act of the applicability to the person of powers or duties in the Act:
    1. a request by an inspector that an officer not present at the area consider exercising a particular power, or carrying out a particular duty, in the Act that the inspector considers—
      1. may be applicable to the person; and
        1. may not be exercised or carried out by an officer present; and
          1. may be exercised or carried out by the officer to whom the request is made:
          2. the lapse of time following the request that is reasonable to allow a response from the officer to whom the request is made:
            1. the exercise of a particular power, or the carrying out of a particular duty, in the Act in response to the request if the requested officer decides to exercise the power or carry out the duty:
              1. the exercise, as far as practicable, in the area of the powers under the Act that are required to be exercised in the area:
                1. the carrying out, as far as practicable, in the area of the duties under the Act that are required to be carried out in the area:
                  1. compliance by the person with all obligations imposed on him or her under the Act relating to his or her arrival in New Zealand.

                    1. An inspector may direct a person to comply with the person's duties under this section.

                    2. In this section, Act means the Customs and Excise Act 2018 or the Immigration Act 2009.

                    Notes
                    • Section 35A: inserted, on , by section 29 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                    • Section 35A(4): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).