• “(6) The provisions of the Wildlife Act 1953 (including any regulations made under that Act)—

  • “(a) do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and

  • “(b) do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism.”

“44 General duty to inform

• “(1) Every person is under a duty 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.

  “(2) The duty to inform does not apply in relation to an organism that is seen or otherwise detected in a place where it may lawfully be present in accordance with an approval given under the Hazardous Substances and New Organisms Act 1996.”

• “(b) the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:”

• “(b) the objectives of the strategy, and a general description of the principal measures to be taken to implement the strategy:”

• “(d) the imposition of the levy is the most appropriate means of funding the pest management strategy, or the part of the strategy concerned, having regard to the extent to which the levy would target—

  • “(i) persons likely to benefit from the implementation of the strategy; and

  • “(ii) persons who by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the strategy; and.”

• “(e) a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner otherwise provided in the order.”

• “(2A) A person appointed as a chief technical officer must be employed under the State Sector Act 1988.”

• “(lA) A person appointed as a deputy chief technical officer must be employed under the State Sector Act 1988.”

• “(7) A chief technical officer or the principal officer of a region may accredit persons (to be known as accredited persons) for the purposes of performing particular functions—

  • “(a) that are consequential upon the exercise of powers under this Act by an inspector or authorised person; or

  • “(b) that may be conferred on or may be performed by accredited persons under regulations made under this Act;

  “but may not accredit a person for a particular function unless satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the function.”

• “(c) an inspector or authorised person may, at any reasonable time or times, enter and inspect any place for the purpose of determining whether or not any person is complying with this Act, the regulations, or any pest management strategy.”

“110 Warrant to inspect dwellinghouse, marae, etc

• “(1) A District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police) may, on the written application of an inspector or authorised person made on oath, issue a warrant in the prescribed form authorising the inspector or authorised person to enter and inspect the dwellinghouse, marae, or building associated with a marae specified in the application.

  “(2) Such a warrant may be issued only if the Judge, Justice, Magistrate, or Registrar is satisfied that there is reasonable ground for believing that—

  • “(a) there is, on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application, any pest, pest agent, unwanted organism, unauthorised goods, or risk goods; or

  “(b) an activity that is regulated by or under the Act is being carried out on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application.

  “(3) Such a warrant—

  • “(a) authorises the inspector or authorised person to enter and inspect the place concerned on 1 occasion within 14 days of the issue of the warrant; and

  • “(b) may be unconditional or subject to conditions.”

• “(6) If the chief technical officer is satisfied that compliance with the 2 weeks' notice requirement under subsection (5) would significantly prejudice the chances of eradicating or containing an organism of a kind described in subsection (7),—

  • “(a) the chief technical officer must notify the responsible Minister of that fact, and, unless the urgency of the situation makes it impracticable, obtain the approval of the Minister to a forgoing of the 2 weeks' notice requirement; and

  • “(b) the 2 weeks' notice requirement does not then apply, but the chief technical officer must give as much public notice of the matters specified in subsection (5)(a) to (d) as is consistent with avoiding prejudice to the chances of eradicating or containing the organism; and

  • “(c) the public notice may be given by whatever means the chief technical officer considers effective and appropriate to inform the persons who may be affected (including by radio or television announcement).

• “(7) The kinds of organism in respect of which shorter notification may be given under subsection (6) are organisms that—

  • “(a) are not established or not known to be established in New Zealand, or are established in New Zealand but restricted to certain parts of New Zealand; and

  • “(b) have the potential to cause all or any of the following if they become established in New Zealand, or established throughout New Zealand:

    • “(i) significant economic loss:

    • “(ii) significant adverse effects on human health:

    • “(iii) significant environmental loss.”

• “(1) An inspector or authorised person may, for the purposes of—

  • “(a) taxonomical identification of an organism; or

  • “(b) diagnosing a disease; or

  • “(c) ascertaining the presence or absence of any pest or unwanted organism; or

  • “(d) making an assessment of measures taken to manage or eradicate any pest or unwanted organism,—

  “examine, inspect, apply tests to, destroy, sample, autopsy, section, take specimens or samples of, or apply any other treatment or procedure to organisms or organic material, or any goods or material that the inspector or authorised person believes on reasonable grounds may harbour pests or unwanted organisms.”

• “(5) Costs and expenses reasonably incurred by an inspector or authorised person in taking any action under subsection (4) may be recovered as a debt due from the person who failed to comply with the direction concerned.”

• “(5) An inspector or authorised person may, at any time while the declaration of a restricted place is in force, direct that specified organisms, risk goods, or other goods in the restricted place must be—

  • “(a) isolated, confined, or stored in such manner as the inspector or authorised person directs:

  • “(b) identified in a manner specified in the direction, or with an identification applied by the inspector or authorised person.”

• “(b) move, or direct or arrange the movement of, any organism, organic material, risk goods, or other goods in contravention of a notice under section 131(3), unless permitted by an inspector or authorised person.”

• “(iv) removes, alters, or defaces any identification that an inspector or authorised person has directed be used to identify any organism, risk goods, or other goods in the place:”.

• “(ma) fails to comply with section 44 (duty to inform Ministry of organism not normally seen or otherwise detected in New Zealand), if the person knows or could reasonably be expected to know that the organism is not normally seen or otherwise detected in New Zealand:”.