Biosecurity Act 1993

Preliminary

7D: Regulations may continue exemption

You could also call this:

"Rules can be made to temporarily exempt some actions from other laws to help control pests."

The Governor-General can make regulations to continue exempting certain actions from parts of other laws, such as the Resource Management Act 1991 and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, as mentioned in section 7A and section 7B. You can find more information about these laws on the Resource Management Act 1991 and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 websites. The Minister must think it is necessary to continue these actions to try to get rid of or manage certain organisms before making this recommendation.

The regulations will stop being in force after two years, unless they are cancelled earlier. These regulations are a type of secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019.

The Minister's decision to continue exempting these actions is based on the need to manage or eradicate certain organisms, and the regulations will be in force for a limited time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5307712.


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7C: Public notice of decision to exempt action, or

"Telling the public about a decision to exempt an action to control pests or diseases"


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7E: Border information supplied using JBMS must be supplied in approved form and manner, or

"Give border information using JBMS in the right way, as approved by the Ministry."

Part 1Preliminary

7DRegulations may continue exemption

  1. The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make regulations—

  2. continuing the exemption under section 7A of an action from Part 3 of the Resource Management Act 1991:
    1. continuing the exemption under section 7B of an action from Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
      1. The responsible Minister must not make a recommendation for the purposes of subsection (1) unless he or she considers that it is necessary to continue the action to attempt to eradicate or manage the organism beyond the duration of the exemption.

      2. Repealed
      3. The regulations expire on the day that is 2 years after the date on which the regulations come into force unless they are revoked earlier.

      4. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 7D: inserted, on , by section 170 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
      • Section 7D(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
      • Section 7D(3): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 7D(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).