Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

154O: Section 154O offences

You could also call this:

"Breaking Biosecurity Rules is an Offence"

If you do not follow the rules in sections 46, 52, 53, and 134(1)(a) of the Biosecurity Act, you commit an offence. You also commit an offence if you threaten, assault, or stop an official from doing their job. If you stop an automated electronic system from working, you commit an offence.

If you give false or misleading information to an official or an automated electronic system, you commit an offence. You also commit an offence if you do not give information that you are required to give. If you make a false return, declaration, or certificate, you commit an offence.

You commit an offence if you pretend to be someone you are not, like an official. If you buy, sell, or get unauthorised goods, knowing they are unauthorised, you commit an offence. You also commit an offence if you alter or move risk goods that have been seized without permission.

If a notice is in force under section 130(1) and you remove goods from a place without permission, you commit an offence. You commit an offence if you have unauthorised goods and know they are unauthorised. If you do not follow section 41(5) or section 51(2), you commit an offence.

You commit an offence if you do not follow the rules about holding levy money in trust accounts. If you do not tell the ministry about an organism that is not normally seen in New Zealand, as required by section 44, you commit an offence. If you are in a biosecurity control area and give a false answer to a question, you commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759462.


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"Breaking the law by not updating incorrect information you gave to officials"


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155: Proof of permission, etc, or

"Proving you had permission to do something"

Part 8Enforcement, offences, and penalties
Offences

154OSection 154O offences

  1. A person commits an offence against this Act who fails to comply with any of sections 46, 52, 53, and 134(1)(a).

  2. A person commits an offence against this Act who threatens, assaults, or intentionally obstructs or hinders an official exercising a power or carrying out a function or duty under a law.

  3. A person commits an offence against this Act who intentionally obstructs or hinders an automated electronic system doing an action under section 142F(2).

  4. A person commits an offence against this Act who knowingly damages or impairs an automated electronic system.

  5. A person commits an offence against this Act who, in connection with the purposes of this Act, makes a statement or gives information that the person knows to be false or misleading in a material particular to—

  6. an official; or
    1. an automated electronic system.
      1. A person commits an offence against this Act who wilfully withholds relevant information that the person is required by law to provide in connection with the purposes of this Act from—

      2. an official; or
        1. an automated electronic system.
          1. A person commits an offence against this Act who, in connection with the purposes of this Act,—

          2. knowingly makes a return that the person is required by law to make that is false or misleading in a material particular; or
            1. knowingly makes a declaration that the person is required by law to make that is false or misleading in a material particular; or
              1. knowingly gives a certificate that the person is required by law to give that is false or misleading in a material particular.
                1. A person commits an offence against this Act who personates or falsely represents himself or herself to be—

                2. an official; or
                  1. any other person authorised to exercise a power or carry out a function or duty under law.
                    1. A person commits an offence against this Act who buys, sells, exchanges, or otherwise acquires or disposes of unauthorised goods—

                    2. knowing that they are unauthorised goods; or
                      1. knowing that they may be unauthorised goods and reckless as to whether they are or not.
                        1. A person commits an offence against this Act who, knowing that goods are risk goods that have been seized by, or are otherwise under the control of, an inspector, an authorised person, or an automated electronic system,—

                        2. alters the condition of the goods without the permission of an inspector, an authorised person, or an automated electronic system; or
                          1. alters the condition of the goods with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission; or
                            1. unpacks or repacks the goods without the permission of an inspector, an authorised person, or an automated electronic system; or
                              1. unpacks or repacks the goods with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission.
                                1. A person commits an offence against this Act in the following circumstances:

                                2. risk goods have been seized by, or are otherwise under the control of, an inspector, an authorised person, or an automated electronic system; and
                                  1. the goods are stored in a place where the inspector, authorised person, or automated electronic system has directed that they should be stored; and
                                    1. the person knows the facts in paragraphs (a) and (b); and
                                      1. the person removes the goods from the place—
                                        1. without the permission of an inspector, an authorised person, or an automated electronic system; or
                                          1. with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission.
                                          2. A person commits an offence against this Act in the following circumstances:

                                          3. risk goods have been seized under this Act; and
                                            1. the person knows the fact in paragraph (a); and
                                              1. the person takes or carries away the goods or otherwise converts them to his or her own use without the permission of an inspector, an authorised person, or an automated electronic system.
                                                1. A person commits an offence against this Act in the following circumstances:

                                                2. a direction has been given under this Act that the carcass of an organism or risk goods be buried; and
                                                  1. the direction has been complied with; and
                                                    1. the person knows the facts in paragraphs (a) and (b); and
                                                      1. the person exhumes the carcass of the organism or risk goods without the permission of an inspector, an authorised person, or an automated electronic system.
                                                        1. A person commits an offence against this Act in the following circumstances:

                                                        2. a notice about a place is in force under section 130(1); and
                                                          1. the person knows the fact in paragraph (a); and
                                                            1. the person—
                                                              1. removes an organism, organic material, or risk goods from the place; or
                                                                1. removes from the place any goods that have, while in the place, been in contact with an organism, organic material, or risk goods; or
                                                                  1. introduces goods into the place; or
                                                                    1. removes, alters, or defaces the identification that an inspector, an authorised person, or an automated electronic system has directed be used to identify an organism, risk goods, or other goods in the place; and
                                                                    2. the person does the action described in paragraph (c) without the permission of an inspector, an authorised person, or an automated electronic system.
                                                                      1. A person commits an offence against this Act who has unauthorised goods in his or her possession or control, knowing that they are unauthorised goods.

                                                                      2. A person commits an offence against this Act who fails to comply with section 41(5).

                                                                      3. A person commits an offence against this Act who fails to comply with section 51(2).

                                                                      4. A person commits an offence against this Act who knowingly fails to comply with a provision of this Act relating to the holding of levy money in trust accounts.

                                                                      5. A person commits an offence against this Act who fails to comply with section 37C(2) or (3).

                                                                      6. A person commits an offence against this Act who fails to inform the ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand, as required by section 44, if the person knows or could reasonably be expected to know that the organism is not normally seen or otherwise detected in New Zealand.

                                                                      7. A person commits an offence against this Act who—

                                                                      8. is in a biosecurity control area; and
                                                                        1. is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or itinerary of risk goods; and
                                                                          1. wilfully gives a false or misleading answer.
                                                                            Notes
                                                                            • Section 154O: inserted, on , by section 66 of the Biosecurity Law Reform Act 2012 (2012 No 73).