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Biosecurity Act 1993

Administrative provisions - Appointments and delegations

105A: Call in of powers or functions

You could also call this:

"Chief technical officer takes over important decisions from inspectors"

The chief technical officer can decide to use some powers or functions instead of an inspector or authorised person. You can find these powers or functions in sections like sections 19(2)(a), 25, 26, 27A, 32, 33, 43, 122, 125, and 130. The chief technical officer can only make this decision if the inspector or authorised person has not already used the power or function.

The chief technical officer can make this decision if they think the power or function will have big effects on New Zealand. This could be on things like the environment, public health, or the economy. The chief technical officer must tell the inspector or authorised person in writing if they decide to use the power or function. They must also say why they made this decision.

If it is possible, the chief technical officer must also tell the person affected by the power or function. They can ask this person for information to help them use the power or function. The chief technical officer can only make decisions about these powers or functions if they follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759068.

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"Bosses can share some of their jobs with others, but keep important decisions to themselves."

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"The Director-General chooses suitable people to check and review biosecurity work."

Part 6Administrative provisions
Appointments and delegations

105ACall in of powers or functions

  1. This section applies to the powers or functions in sections 19(2)(a), 25, 26, 27A, 32, 33, 43, 122, 125, and 130 that an inspector or authorised person may exercise or carry out.

  2. A chief technical officer may decide that the power must be exercised or the function carried out by the chief technical officer instead of by the inspector or authorised person.

  3. The chief technical officer may not make a decision under subsection (2) if—

  4. the inspector or authorised person has already exercised the power or carried out the function; and
    1. the person affected by the exercise or carrying out knows that the inspector or authorised person has done so.

      1. The chief technical officer may make a decision under subsection (2) if the officer considers that 1 or more of the following applies to the exercise of the power or the carrying out of the function:

      2. it is likely to have effects on New Zealand's culture, economy, industry, environment, public health, animal health, or international trade:
        1. it is likely to involve treatment or post-clearance management that—
          1. will require or is likely to require significant resources; or
            1. will have or is likely to have significant budgetary implications; or
              1. will involve or is likely to involve technology, processes, or methods that are new:
              2. it is likely to involve issues of a systemic nature:
                1. it is likely to involve issues that increase risk to, complexity for, or the liability of the Ministry:
                  1. it is likely to involve issues that have the potential to seriously affect the Ministry’s reputation:
                    1. it must be done urgently in circumstances in which there is insufficient time to follow normal decision-making procedure.

                      1. A chief technical officer who makes a decision under subsection (2) must give a written notice to the inspector or authorised person—

                      2. stating that the chief technical officer will exercise the power or carry out the function; and
                        1. stating the ground in subsection (4) that applies.

                          1. A chief technical officer who makes a decision under subsection (2) must, if it is reasonably practicable to do so, give a written notice to the person affected by the exercise of the power or the carrying out of the function stating that the chief technical officer will exercise the power or carry out the function.

                          2. A chief technical officer who makes a decision under subsection (2) may give a written notice to the person affected by the exercise of the power or the carrying out of the function—

                          3. stating that the chief technical officer will exercise the power or carry out the function; and
                            1. stating that the officer requires information from the person to enable the officer to exercise the power or carry out the function; and
                              1. requiring the person to provide the information that the officer specifies.

                                1. For the purposes of this section, the relevant one of the provisions listed in subsection (1) must be read as if it said chief technical officer instead of inspector or authorised person.

                                Notes
                                • Section 105A: inserted, on , by section 41 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                • Section 105A(1): amended, on , by section 18 of the Statutes Amendment Act 2018 (2018 No 27).