Biosecurity Act 1993

Administrative provisions - Recovery of costs

140AA: Levies for recovering border processing costs

You could also call this:

"Paying a fee to help cover the cost of being checked when you arrive in New Zealand"

When you arrive in New Zealand from another country, you are considered a traveller. You have to pay a levy to help cover the costs of the Ministry checking you and the goods you bring with you. The Ministry incurs costs when it checks travellers and their goods, and the levy helps to cover these costs. The Governor-General can make an order that sets the rate of the levy and how it is paid.

The Governor-General makes this order after the responsible Minister recommends it. The Minister must talk to people who will be affected by the order before making a recommendation. You do not have to pay the levy for costs that are already covered under other laws, such as the Airports (Cost Recovery for Processing of International Travellers) Act 2014.

An order made under this section is secondary legislation, which means it has to be published in a certain way, as explained in Part 3 of the Legislation Act 2019. This section does not limit what is said in section 135 or section 137. You can find more information about these sections in the Biosecurity Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6490902.


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Part 6Administrative provisions
Recovery of costs

140AALevies for recovering border processing costs

  1. In this section, traveller means any person who arrives in New Zealand from any place outside New Zealand.

  2. Every traveller who arrives in New Zealand on or after 1 January 2016 is liable, while there is a levy order in force under subsection (3), to pay a levy to the Director-General in relation to the costs incurred by the Ministry in, or for the purpose of, exercising its powers or performing its functions under this Act in relation to travellers and the goods in their possession or under their control (including as part of their personal effects or baggage).

  3. The Governor-General may, by Order in Council, on the recommendation of the responsible Minister, make a levy order prescribing—

  4. the rate of levy or the basis on which the rate is to be calculated or ascertained; and
    1. insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and
      1. when and how the levy is to be paid; and
        1. how the rate of levy, and any variation of the rate, is to be notified.
          1. The responsible Minister must, before recommending that a levy order be made under this section, consult with persons who the Minister believes are representative of interests likely to be affected substantially by the order.

          2. A levy order must not be made in respect of the costs that are otherwise recovered or otherwise to be recovered under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014.

          3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          4. To avoid doubt, this section does not limit section 135 or 137.

          Notes
          • Section 140AA: inserted, on , by section 5 of the Biosecurity Amendment Act (No 2) 2015 (2015 No 56).
          • Section 140AA(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).