Biosecurity Act 1993

Administrative provisions - Administrative powers

107B: Power to detain for public health or law enforcement purposes

You could also call this:

"Inspectors can stop and hold you for a short time if they think you're sick or have broken the law."

If you are in a biosecurity control area and an inspector thinks you might have an infectious disease, you can be stopped. The inspector can also stop you if they think you have broken certain laws, such as the Civil Aviation Act 2023, the Customs and Excise Act 2018, or other laws.

The inspector can tell you to stay in the area for up to 4 hours. This is so they can get help from a police officer or someone else with the right powers to question you, check your status, detain you, or arrest you. You must do what the inspector tells you to do. If necessary, force can be used to keep you in the area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759075.


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Part 6Administrative provisions
Administrative powers

107BPower to detain for public health or law enforcement purposes

  1. This section applies when—

  2. a person in a biosecurity control area has arrived in New Zealand; and
    1. an inspector has reasonable cause to suspect that the person—
      1. is, under an enactment, liable to be detained because of an infectious disease; or
        1. is liable to be arrested under a warrant issued by a court or a registrar; or
          1. is liable to be prosecuted for an offence punishable by imprisonment; or
            1. has contravened the Civil Aviation Act 2023; or
              1. has contravened the Customs and Excise Act 2018; or
                1. has contravened the Human Assisted Reproductive Technology Act 2004; or
                  1. has contravened the Immigration Act 2009; or
                    1. has contravened the Misuse of Drugs Act 1975; or
                      1. has contravened the Passports Act 1992; or
                        1. has contravened the Terrorism Suppression Act 2002; or
                          1. has contravened the Trade in Endangered Species Act 1989; or
                            1. has contravened regulations under the United Nations Act 1946; or
                              1. has contravened an enactment that contains an offence involving the unlawful entry into New Zealand of a person, matter, or thing and that is specified for the purposes of this section by the Governor-General in Council; or
                                1. is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.
                                2. The inspector may direct the person to remain in the area for a period that is reasonable in the circumstances and no longer than 4 consecutive hours to—

                                3. allow the inspector to obtain the attendance of, or make inquiries of, a constable, bailiff, or employee or agent of a department who has the powers described in paragraph (b); and
                                  1. allow the constable, bailiff, or employee or agent of a department to do what is necessary of the following:
                                    1. question the person:
                                      1. ascertain or determine the status of the person:
                                        1. detain the person:
                                          1. arrest the person.
                                          2. The person must comply with a direction given under this section.

                                          3. Reasonable force may be used, if necessary, to keep the person in the area for the period directed under subsection (2).

                                          Notes
                                          • Section 107B: inserted, on , by section 42 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                          • Section 107B(1)(b)(iv): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                          • Section 107B(1)(b)(v): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).