Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

40A: Suspension of facility approval

You could also call this:

"Stopping a facility's approval if it doesn't meet standards"

The Director-General can stop an approval given under section 39 if they think a standard has not been met. They can do this for up to 3 months. You need to fix the problem for the approval to start again.

The Director-General can extend the stop for another 3 months if the problem is not fixed. They must end the stop if the problem is fixed before the time is up. The Director-General must be fair when making these decisions.

If the problem is still not fixed after 6 months, the Director-General can cancel the approval. They can only do this if they think the problem has not been fixed.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4757531.

Topics:

Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control

40: Approval and cancellation of approval of facility operators, or

"Who can run a facility with certain goods and what rules they must follow"

40B: Notice requirements, or

"When the Director-General stops an approval, you get a written notice explaining why and what to do next."

Part 3Importation of risk goods
Inspections, declarations, etc

40ASuspension of facility approval

The Director-General may suspend an approval given under section 39 if the Director-General has reasonable grounds to believe that an applicable standard has not been complied with.
The maximum period of the suspension is 3 months.
The Director-General may extend the period of a suspension if the Director-General has reasonable grounds to believe that the non-compliance with the applicable standard has not been rectified.
The period of extension must not exceed 3 months.
The Director-General must lift a suspension or extension before its period ends if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has been rectified.
In exercising a power under subsections (1) to (5), the Director-General must observe the rules of natural justice.
The maximum total period of suspension under this section is 6 months.
At the end of the maximum total period of suspension, the Director-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has not been rectified.

Notes

Section 40A: inserted, on 18 September 2012, by section 35 of the Biosecurity Law Reform Act 2012 (2012 No 73).