Biosecurity Act 1993

Government/industry agreement for readiness or response

100Z: Government/industry agreement for readiness or response

You could also call this:

"Government and industries work together to prepare for and respond to biosecurity threats."

The government and industry organisations can make an agreement to work together on being ready for or responding to biosecurity threats. You can think of this agreement like a contract between the government and industry organisations. The Director-General and one or more industry organisations make this agreement by signing a deed.

The agreement can include things like which unwanted organisms to focus on, what activities to do to get ready or respond, and how to make decisions together. It can also cover how to share the costs of these activities, including how much each party will pay and how they will pay it.

The agreement can even include changes to the compensation rules in section 162A, but only if the Director-General is satisfied that the changes won't stop people from reporting biosecurity threats early or reduce cooperation. The agreement might also talk about how the parties will work together on other biosecurity issues.

If the government uses its powers under this agreement, you can't challenge those decisions just because they were made jointly with industry organisations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758146.


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100ZA: Industry organisation, or

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Part 5AGovernment/industry agreement for readiness or response

100ZGovernment/industry agreement for readiness or response

  1. The government/industry agreement for readiness or response is the agreement described in this section.

  2. The agreement is made by deed between the Director-General and 1 or more industry organisations.

  3. The agreement consists of,—

  4. for a party to the deed that makes an operational agreement with the Director-General, the deed and the operational agreement:
    1. for a party to the deed that does not make an operational agreement with the Director-General, the deed.
      1. The agreement may include provisions on 1 or more of the following matters:

      2. the unwanted organisms against which the parties wish to undertake readiness or response activities:
        1. readiness or response activities that the parties have agreed to undertake:
          1. joint decision-making on the readiness or response activities that the parties wish to undertake:
            1. the sharing of the costs of the readiness or response activities, which may include decisions on matters such as—
              1. the proportions in which the parties will share the costs:
                1. the methods by which each party will provide its share of the costs:
                  1. whether or not an industry party will limit its liability to meet costs by setting a fiscal cap:
                  2. the variation of the compensation provisions in section 162A, subject to the restriction that the Director-General may agree to vary the compensation provisions only if satisfied that the alternative provisions are unlikely to discourage early reporting of unwanted organisms or reduce the level of co-operation with readiness or response activities:
                    1. how the parties will engage on issues relating to parts of the biosecurity system other than readiness or response activities:
                      1. any other matter that the parties agree on.
                        1. Subsection (6) applies to the exercise of a statutory power under—

                        2. this Act; or
                          1. any other Act that confers powers to carry out readiness or response activities as defined in this Act.
                            1. The exercise of the power cannot be challenged on the ground that it was the result of a joint decision under the agreement.

                            Notes
                            • Section 100Z: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).