Biosecurity Act 1993

Importation of risk goods - Inspections, declarations, etc

40D: Suspension of operator approval

You could also call this:

"The government can temporarily stop someone's permission to operate if they break the rules."

The Director-General can stop an approval given under section 40 if they think you have not done what you were supposed to do. This can happen if you have not followed the rules in section 40(6) or if you have broken the law under section 154N(17). The Director-General can stop the approval for up to 3 months. They can extend this time if they think you still have not fixed the problem. The extension cannot be more than 3 months. The Director-General must end the suspension early if they think you have fixed the problem. When making these decisions, the Director-General must be fair. The total time the approval can be stopped is 6 months. After this time, the Director-General can cancel the approval if they think you still have not fixed the problem.

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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=DLM4757534.

Topics:

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

40C: Effect of suspension and extension, or

"What happens to your goods when their movement is stopped or delayed"

40E: Notice requirements, or

"When the government stops something you're allowed to do, they must tell you in writing why and what to do next."

Part 3Importation of risk goods
Inspections, declarations, etc

40DSuspension of operator approval

The Director-General may suspend an approval given under section 40 if the Director-General has reasonable grounds to believe that—
the facility operator has not complied with section 40(6); or
the facility operator has committed an offence under section 154N(17).

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 conduct occasioning the suspension 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 conduct 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 40D: inserted, on 18 September 2012, by section 35 of the Biosecurity Law Reform Act 2012 (2012 No 73).