Biosecurity Act 1993

Enforcement, offences, and penalties - Compliance orders

154E: Appeal to District Court

You could also call this:

"Challenging a compliance order: how to appeal to the District Court"

If you get a compliance order, you can appeal to the District Court. You can do this if the order is made against you under section 154. You can also appeal if your application under section 154D(2) did not succeed.

When you appeal, the compliance order still applies until the court makes a decision. You can ask the court to put the order on hold while they decide your appeal.

The court will think about your application for a stay as soon as they can. They will consider things like whether it is reasonable for you to follow the compliance order while you wait for their decision. They will also think about how putting the order on hold might affect people's health or the environment.

The court can decide to put the order on hold or not, and they can add conditions to their decision. If they do put the order on hold, it will apply once they tell the person who made the order about their decision. The stay will apply until the District Court says it can be lifted.

The court follows rules from the District Court Act 2016 when dealing with appeals and applications for a stay. The District Court can confirm, change, or cancel the compliance order you are appealing against.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM4759446.

Topics:

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

154D: Change or cancellation, or

"Changing or cancelling a compliance order under the Biosecurity Act 1993"

154F: Appeal to High Court, Court of Appeal, or Supreme Court, or

"You can appeal to a higher court if you disagree with a decision made about you."

Part 8Enforcement, offences, and penalties
Compliance orders

154EAppeal to District Court

The following persons may appeal to the District Court:
the person against whom a compliance order is made under section 154:
a person whose application under section 154D(2) did not succeed.

The appeal does not operate as a stay of the compliance order.
The person may apply to the court for a stay of the compliance order pending the court's decision on the appeal.
The court must consider the application for a stay as soon as practicable after the application for it is lodged.
The court must consider—
whether to hear—
1. the person:
2. the appointer of the inspector or authorised person whose compliance order is appealed against; and
the likely effect of granting a stay on human health or natural and physical resources; and
whether it is unreasonable for the person to comply with the compliance order pending the decision on the appeal; and
any other matters that the court thinks fit.

The court may grant or refuse a stay and may impose any terms or conditions that the court thinks fit.
The stay has legal effect once a copy of it is served on the appointer of the inspector or authorised person whose compliance order is appealed against.
The stay remains in force until the District Court orders it lifted.
The rules of procedure under the District Court Act 2016 apply to the making of an appeal and an application for a stay.
The District Court may confirm, change, or cancel the order appealed against.

Notes

Section 154E: inserted, on 18 September 2012, by section 66 of the Biosecurity Law Reform Act 2012 (2012 No 73).
Section 154E(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 154E(9): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).