“Biosecurity control area means a place that is—

• “(a) Part of a port approved as a place of first arrival in accordance with section 37(1); and

• “(b) By written agreement with the port's operator, under the control of the Director-General for the purposes of this Act:

“Containment facility means a place approved in accordance with section 39 for holding organisms that should not, whether for the time being or ever, become established in New Zealand

“Import health standard means a document issued under section 22

“Minister means a Minister of the Crown; and

• “(a) In relation to a national pest management strategy, means the Minister who recommended the making of the order under section 68 making the strategy; and

• “(b) In relation to a proposal for a national pest management strategy that has been notified, means the Minister who notified the proposal:

“Natural and physical resources means—

• “(a) Organisms of all kinds; and

• “(b) The air, water, and soil in or on which any organism lives or may live; and

• “(c) Landscape and land form; and

• “(d) Geological features; and

• “(e) Structures of all kinds; and

• “(f) Systems of interacting living organisms and their environment:

“Quarantine means confinement of organisms or organic material that may be harbouring pests or unwanted organisms

“Risk goods means any organism, organic material, or other thing, or substance, that (by reason of its nature, origin, or other relevant factors) it is reasonable to suspect constitutes, harbours, or contains an organism that may—

• “(a) Cause unwanted harm to natural and physical resources or human health in New Zealand; or

• “(b) Interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms:

“Road includes all bridges, culverts, and fords forming part of any road

“Rule means a rule included in a pest management strategy in accordance with section 69B or section 80B

“Small-scale management programme means a small-scale management programme declared under section 100

“Threatened species includes any species within the meaning given to the terms extinct in the wild, critically endangered, endangered, and vulnerable by the International Union for Conservation of Nature and Natural Resources

“Transitional facility means

• “(a) Any place approved as a transitional facility in accordance with section 39 for the purpose of inspection, storage, treatment, quarantine, holding, or destruction of uncleared goods; or

• “(b) A part of a port declared to be a transitional facility in accordance with section 39:

“Unauthorised goods means any goods that are—

• “(a) Uncleared goods in a place that is not a transitional facility or a biosecurity control area (other than goods that, in accordance with the authority of an inspector, are—

  • “(i) Proceeding from a transitional facility or a biosecurity control area to a transitional facility, biosecurity control area, or a containment facility; or

  • “(ii) Being exported from New Zealand); or

• “(b) Uncleared goods that are in a transitional facility or a biosecurity control area to which those goods proceeded, other than in accordance with the authority of an inspector, from some other transitional facility, or biosecurity control area, and have not later received the authority of an inspector to remain there; or

• “(c) Goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or

• “(d) A restricted organism in a place that is not a containment facility (other than an organism that,—

  • “(i) In accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or

  • “(ii) Is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or

  • “(iii) In accordance with the authority of an inspector, is being exported from New Zealand); or

• “(e) A restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there:

“Unwanted organism means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health:.”

• “(ab) The day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and.”

“6

• “(1) Where any pest management strategy applies to land adjoining a road, that strategy may state that the land includes, for the purposes of the strategy, all or any of the portions of road bounded by—

  • “(a) The boundary of that land abutting that road; and

  • “(b) Lines extended from the end of that portion of boundary to the middle line of the road; and

  • “(c) The middle line of the road connecting those extended lines.

  “(2) Any person required or authorised by or under any pest management strategy to do anything on or in relation to land, where the pest management strategy provides that the land includes portions of road in accordance with subsection (1), is also required or authorised to do that thing on those portions of the road.

  “(3) Nothing in subsection (2) authorises any person to damage any road.”

“7 Relationship with other enactments

• “(1) Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part VII of this Act.

  “(2) Except—

  • “(a) To the extent provided in subsections (1) and (5) of this section and section 7A of this Act; and

  • “(b) To the extent that those enactments are expressly amended by section 168(1) of this Act,—

  “this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941, the Forests Act 1949, the Wildlife Act 1953, the Health Act 1956, the Animals Protection Act 1960, the Wild Animal Control Act 1977, the Reserves Act 1977, the National Parks Act 1980, the Fisheries Act 1983, the Conservation Act 1987, the Trade in Endangered Species Act 1989, or the Resource Management Act 1991.

  “(3) This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 1996 and, in particular, the provisions of this Act do not affect the obligations of any person under the Customs and Excise Act 1996 in relation to goods.

  “(4) The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 in relation to any controlled drug (as defined in section 2(1) of that Act).

  “(5) The provisions of the Wild Animal Control Act 1977 do not apply to the exercise of any powers under the Biosecurity Act 1993 on any land (other than land administered under the Acts listed in the First Schedule of the Conservation Act 1987) when those powers are used in respect of—

  • “(a) A pest; or

  • “(b) An unwanted organism—

  “that may be transmitted by any animal to which the Wild Animal Control Act 1977 applies.

“7A Relationship with Resource Management Act 1991

• “(1) Where any action taken in accordance with any provision in Part VI of this Act in an attempt to eradicate any organism would be in breach of the provisions of Part III of the Resource Management Act 1991, the responsible Minister may exempt the actions taken in relation to that organism from the provisions of Part III of the Resource Management Act 1991 for up to 20 working days if that Minister is satisfied that it is likely that—

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

  • “(b) The organism has the potential to cause all or any of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand or if it becomes established throughout New Zealand; and

  • “(c) It is in the public interest that action be taken immediately in an attempt to eradicate the organism.

  “(2) Before making a decision under subsection (1), the responsible Minister must consult the relevant consent authority (to the extent that is possible in the circumstances), and may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.

  “(3) After making a decision under subsection (1), the responsible Minister must give public notice of the Minister's decision in such a manner as the Minister thinks fit.

  “(4) The public notice must specify—

  • “(a) The organism to be eradicated; and

  • “(b) The principal actions that may be taken in the attempt to eradicate the organism; and

  • “(c) The areas affected by the action.

  “(5) A failure to comply with the provisions of subsections (2) and (3) does not affect the validity of any exemption given under this section.

  “(6) Where any action has been exempted from Part III of the Resource Management Act 1991 under subsection (1) and the responsible Minister considers that it is necessary to continue action beyond the duration of the exemption to attempt to eradicate the organism, that Minister may recommend that regulations be made continuing the exemption and the Governor-General may from time to time, by Order in Council, make regulations for that purpose.

  “(7) Regulations made under this section come into force on the date of notification in the Gazette, or at the time specified in the regulations, whichever is the later, and continue in force until revoked or until a date not later than the day 2 years after the regulations came into force when the regulations expire and are deemed to have been revoked.

  “(8) Where an exemption is granted under subsection (1) or by regulations made under subsection (6), the provisions of Part III of the Resource Management Act 1991 do not apply to the actions taken to eradicate the organism while the exemption is in force.

  “(9) Where an exemption from the provisions of the Resource Management Act 1991 has been granted under subsection (1) or by regulations made under subsection (6) and that exemption has ended (either by the expiry of the exemption under subsection (1) or by the revocation of the regulations, as the case may be), the provisions of the Resource Management Act 1991 then apply and the responsible Minister must remedy or mitigate the adverse effects of any actions taken under Part VI and to which the provisions of the Resource Management Act 1991, but for the exemption under this section, would otherwise have applied.

  “(10) For the purposes of this section, consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991.”

“9

• “(1) The responsible Minister has power to—

  • “(a) Perform the functions in section 7A:

  • “(b) Perform the functions specified in section 10 in relation to those national pest management strategies,—

    • “(i) Where the responsible Minister has prepared a proposal under section 56; or

    • “(ii) Where some other person has requested the responsible Minister to notify a proposal:

  • “(c) Recommend to the Governor-General the making of Orders in Council under section 45(3):

  • “(d) Recommend to the Governor-General under section 137(1) the making of Orders in Council imposing levies, and perform other functions in relation to levies:

  • “(e) Recommend to the Governor-General under section 165 the making of regulations.

  “(2) The responsible Minister must not delegate to any person the exercise of any of the powers specified in subsection (1)(a), (c), (d), and (e).”

“10

• “(1) Any Minister who prepares a proposal for a national pest management strategy under section 56, or who has been requested to notify a proposal for a national pest management strategy, has the function of—

  • “(a) Publicly notifying the proposed strategy under section 62(1):

  • “(b) Deciding under section 63 whether to appoint a board of inquiry to inquire into and report on the proposed strategy:

  • “(c) Where this Act requires the appointment of a board of inquiry to inquire into and report on the proposed strategy,—

    • “(i) Appointing the board under section 63(1):

    • “(ii) Causing under section 67(3) copies of the report, and all recommendations (if any) on the proposed strategy, made to the Minister by the board under section 67(2), to be sent to every person who made a submission to the board, and every other person or body the Minister thinks appropriate, and to be published:

    • “(iii) Causing public notice to be given under section 67(3) of where and how persons can obtain copies of the report and recommendations:

    • “(iv) Considering under section 69(1)(a)(i) the report made by the board under section 67(2) on the proposed strategy:

  • “(d) Considering whether or not to recommend to the Governor-General under section 68, the making of an Order making the strategy concerned, and if so, doing so:

  • “(e) If an Order under section 68 has been made that makes the proposed strategy,—

    • “(i) Laying a copy before the House of Representatives under section 70; and

    • “(ii) Appointing a management agency in respect of the strategy under section 84(4); and

    • “(iii) Disallowing under section 85(4) the operational plan or any part of that plan; and

    • “(iv) Reviewing the strategy in accordance with this Act; and

    • “(v) Under this Act, amending or revoking the strategy:

  • “(f) Recommending under section 90 the making of Orders in Council imposing levies payable to the management agency that is responsible for implementing the strategy and performing other functions in relation to levies.

  “(2) No Minister may delegate to any person the performance of any of the functions specified in subsection (1)(c)(i), (d), (e), and (f).”

“11

• “(1) Any Minister has power to—

  • “(a) Direct the forfeiture of organisms and organic material under section 134(3):

  • “(b) Take action under sections 144 and 147 in relation to biosecurity emergencies:

  • “(c) Take action under section 145 in relation to biosecurity emergencies:

  • “(d) Recommend to the Governor-General under section 150(1) the making of biosecurity emergency regulations, and where such regulations are made, the Minister has the duty of laying them before the House of Representatives under section 150(5):

  • “(e) Declare a provisional control programme under section 152(1):

  • “(f) Extend under subsection (3) of section 152 a provisional control programme.

  “(2) A Minister must not delegate to any person the exercise of the powers specified in subsection (1)(b), (d), (e), and (g).”

“13

• “(1) Every regional council has, in relation to its region, power to—

  • “(a) Cause to be carried out, for the purposes of Part V,—

    • “(i) Monitoring to determine whether or not there are present; and

    • “(ii) Surveillance of—

    pests, pest agents, and unwanted organisms:

  • “(b) Provide, in accordance with relevant pest management strategies, for the assessment and management or eradication of pests:

  • “(c) Prepare proposals for, notify, make, and implement pest management strategies:

  • “(d) If a regional pest management strategy notified by the council has been made under this Act,—

    • “(i) Appoint a management agency in respect of the strategy under section 84(4):

    • “(ii) Disallow the operational plan or any part of that plan under section 85(4):

    • “(iii) Review, amend, or revoke a strategy in accordance with this Act:

  • “(e) Declare and implement a small-scale management programme under section 100:

  • “(f) Where the council has, under section 100, agreed or arranged that steps to bring an organism under control should be taken by some person or persons other than the council, to meet (in part or in whole) the costs to that person or those persons of the taking of those steps:

  • “(g) Gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:

  • “(h) Take any action contemplated by or necessary for giving effect to any provision of this Act.

  “(2) Subject to sections 97 and 97A, every regional council has all the powers of a territorial authority under section 14; and every reference in that section to a territorial authority (or territorial authorities) must be read as including a reference to a regional council (or regional councils).”

• “(3) For the purposes of this section, designated port of entry means—

  • “(a) A port of entry approved under this Act as a place of first arrival—

    • “(i) For all craft; or

    • “(ii) For craft of the kind and description of the craft and, where applicable, arriving for the purposes of the craft; or

  • “(b) A port approved under section 37A for the arrival of the craft.”

“22

• “(1) The Director-General may, following the recommendation of a chief technical officer, issue an import health standard specifying the requirements to be met for the effective management of risks associated with the importation of risk goods before those goods may be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance; and may, in a like manner, amend or revoke any import health standard so issued.

  “(2) If an import health standard requires a permit to be obtained from the Director-General before the goods can be imported, moved from a biosecurity control area or a transitional facility, or given a biosecurity clearance, the Director-General may, if he or she thinks fit, issue the permit.

  “(3) Nothing in this Act obliges the Director-General to have an import health standard in force for goods of any kind or description if, in the Director-General's opinion, the requirements that could be imposed on the importation of those goods would not be sufficient to enable the purpose of this Part to be met if the importation of those goods were permitted.

  “(4) An import health standard issued under this section may apply to goods of a certain kind or description imported from—

  • “(a) A country or countries specified in the import health standard; or

  • “(b) Countries of a kind or description specified in the import health standard; or

  • “(c) All countries; or

  • “(d) A location or locations specified in the import health standard.

  “(5) When making a recommendation to the Director-General in accordance with this section, the chief technical officer must have regard to the following matters:

  • “(a) The likelihood that goods of the kind or description to be specified in the import health standard may bring organisms into New Zealand:

  • “(b) The nature and possible effect on people, the New Zealand environment, and the New Zealand economy of any organisms that goods of the kind or description specified in the import health standard may bring into New Zealand:

  • “(c) New Zealand's international obligations:

  • “(d) Such other matters as the chief technical officer considers relevant to the purpose of this Part.

  “(6) Before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard.

  “(7) The consultation may be on the import health standard or on a document that analyses or assesses the risks associated with the goods or class of goods to which the goods belong.

  “(8) Before making a recommendation to the Director-General in accordance with this section the chief technical officer must give notice of the intention to make the recommendation to the chief executive of every department of State whose responsibilities for natural resources or human health may be adversely affected by the issue, amendment, or revocation of the relevant standard.

  “(9) The Director-General must maintain a register of the import health standards (as amended from time to time) issued under this section.

  “(10) The register must be available for public information and inspection at the office of the Director-General during normal office hours.”

“25

• “(1) No person may cause or permit any uncleared goods imported on any craft to leave that craft, except to proceed to a transitional facility or a biosecurity control area.

  “(2) No person may cause or permit any uncleared goods that are in a transitional facility or biosecurity control area to leave that facility or area, except—

  • “(a) To proceed, in accordance with the authority of an inspector, to another transitional facility, containment facility, or biosecurity control area; or

  • “(b) In accordance with the authority of an inspector, to be exported from New Zealand.

  “(3) Authority to move uncleared goods given by an inspector in accordance with this section, may be given subject to conditions.”

• “(a) That the goods comply with the requirements specified in an import health standard in force for the goods (or goods of the kind or description to which the goods belong); and.”

“29

• “(1) No person may cause or permit any restricted organism that is in a transitional facility, a biosecurity control area, or a containment facility to leave that facility or area, except—

  • “(a) To proceed, in accordance with the authority of an inspector, to a transitional facility, a biosecurity control area, or a containment facility; or

  • “(b) In accordance with the authority of an inspector, to be exported from New Zealand.

  “(2) Authority to move a restricted organism given by an inspector in accordance with this section may be given subject to conditions.”

“30A

• “(1) Where any imported goods other than goods inspected, examined, or surrendered in accordance with section 30 or section 35, are in a transitional facility, an inspector may, for the purpose of determining whether the goods are, or contain, risk goods,—

  • “(a) Open any bag, box, parcel, container, or other thing containing the goods:

  • “(b) Inspect the goods.

  “(2) Where any goods in a transitional facility are, or contain, risk goods, section 116 applies to those goods as if the goods were unauthorised goods seized in accordance with that section.

  “(3) For the purposes of this section an inspector may, at any reasonable time or times, enter any transitional facility and the provisions of section 112 apply.”

“37 Approval of ports as places of first arrival

• “(1) The Director-General may, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.

  “(2) An approval given under subsection (1) may limit the arrival of craft to arrivals for the purposes specified in the approval.

  “(3) The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1), have regard to—

  • “(a) The alternative arrangements, facilities, and systems that are or could be made available; and

  • “(b) The cost to the port operator of each alternative arrangement, facility, and system; and

  • “(c) The extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.

  “(4) All arrangements, facilities (other than office or parking facilities), and systems required in accordance with subsection (1) are available for use by the Crown at no expense to the Crown.

  “(5) The Director-General must,—

  • “(a) Within 28 days after approving a port in accordance with subsection (1), publish in the Gazette a notice specifying the name of the port, the day on which it was so approved, any limitation on the kind or description of craft for which the port was approved, any limitation on arrivals to specified purposes, and a place where the notice of approval may be inspected; and

  • “(b) At all reasonable times make the written notice available for inspection at the place specified in the Gazette notice.

  “(6) The Director-General must be satisfied of the matters referred to in subsection (1), whether or not all of the arrangements, facilities, and systems are under the control of the operator of the port concerned.

  “(7) Before taking any action under this section, the Director-General must consult in accordance with section 37D.

  “(8) Where approval is declined under this section, the Director-General must give reasons for his or her decision.

  “(9) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.

“37A Approval of arrival of craft at port not approved as place of first arrival

• “(1) The Director-General may approve the arrival of a craft at a port that is not approved under section 37 as a place of first arrival for any craft, for craft of the kind or description of that craft, or for craft arriving for the purpose of that craft, if—

  • “(a) A person has requested approval for that craft to arrive in New Zealand at that port; and

  • “(b) The Director-General is satisfied that the risks associated with the importation of risk goods can be managed by imposing conditions on the arrival of the craft at that port.

  “(2) The approval of the Director-General may be given subject to those conditions that the Director-General considers will manage the risks associated with the importation of risk goods.

  “(3) Before taking action under this section, the Director-General must consult in accordance with section 37D.

“37B Suspension of approval

• “(1) If the Director-General is no longer satisfied that the provisions of section 37(1) are being met for a port, the Director-General may,—

  • “(a) By written notice to its operator, suspend the port's approval under section 37(1) for a specified period or until a specified action is taken; or

  • “(b) By written notice in the Gazette, revoke the port's approval under section 37(1); or

  • “(c) By written notice in the Gazette and written notice to the port's operator, vary the port's approval under section 37(1) by varying the kind or description of craft for which the port is approved as a place of first arrival, or by varying the purposes of arrival for which the port is approved as a place of first arrival.

  “(2) Before taking action under this section, the Director-General must consult in accordance with section 37D.

  “(3) In exercising a power under this section, the Director-General must observe the rules of natural justice.

  “(4) Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.

“37C Port operators

• “(1) Nothing in section 37 authorises a port operator to require any user of a port—

  • “(a) To use or patronise facilities under the operator's control; or

  • “(b) To contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.

  “(2) No operator of a port may wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.

  “(3) No operator may wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked.

“37D Director-General to consult chief executives

• The Director-General must not take any action under sections 37, 37A, or 37B without consulting the chief executives of—

  • “(a) The New Zealand Customs Service; and

  • “(b) The Ministry of Health; and

  • “(c) The New Zealand Police; and

  • “(d) The Ministry of Transport; and

  • “(e) Every other department of State whose operations may, in the Director-General's opinion, be affected by the action.”

“39

• “(1) The Director-General may, after consulting with the persons that the Director-General considers to be representative of the classes of persons likely to have an interest in the proposed standard, approve standards for building, maintaining, or operating transitional facilities or for building, maintaining, or operating containment facilities.

  “(2) Any person may apply in an approved form to the Director-General for the approval of any place as a transitional facility or a containment facility.

  “(3) The Director-General must consider every application made under subsection (2) and—

  • “(a) If the application complies with the requirements of this Act; and

  • “(b) If the place meets the relevant standards approved under subsection (1),—

  “the Director-General may approve the place as a transitional facility for the purpose specified in the approval or as a containment facility, as the case may be.

  “(4) A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.

  “(5) A transitional facility approval given in accordance with this section may specify the uncleared goods that may be held in the facility.

  “(6) A containment facility approval given in accordance with this section may specify the organisms that may be held in the facility.

  “(7) The Director-General may, by written notice to the operator of a transitional facility, or a containment facility, cancel an approval for a transitional facility, or a containment facility, or a part of an approval relating to one or more uses of a transitional facility, where—

  • “(a) The facility no longer complies with the relevant standards; or

  • “(b) The Director-General is satisfied that the facility is no longer used for the purpose or one or more of the purposes specified in the approval.

  “(8) In exercising a power under subsection (7), the Director-General must observe the rules of natural justice.

  “(9) The Director-General may, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities.”

“40

• “(1) Any person may apply, in an approved form, to the Director-General for approval as the operator of a specified transitional facility or specified containment facility.

  “(2) Every application must be accompanied by such further information as the Director-General may require.

  “(3) The Director-General must consider every application made under subsection (1) and, if satisfied—

  • “(a) That the applicant is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and

  • “(b) The applicant is able to comply with the operating standards for that facility,—

  “may approve the applicant as the operator of that facility.

  “(4) The Director-General may, by written notice to a person, cancel that person's approval to operate a specified transitional facility or a specified containment facility where—

  • “(a) The person is no longer operating the facility in compliance with the operating standards for the facility; or

  • “(b) The person has ceased to act as operator of the facility; or

  • “(c) The person is no longer a fit and proper person to operate the facility.

  “(5) In exercising a power under subsection (4), the Director-General must observe the rules of natural justice.

  “(6) No person may operate or purport to operate a transitional facility or a containment facility unless the person is approved as an operator of that facility.”

• “(1) A chief technical officer may, by notice in writing, require the person in charge of premises used for investigating organisms or organic material, or any person employed in a professional or technical capacity in any area of biological science, to—

  • “(a) Supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms; or

  • “(b) Permit the chief technical officer, or a person authorised in writing by that officer, to have access to, inspect, and test or sample specimens of any organism or tissues or parts of an organism or organic material held by that person or on those premises.

• “(1A) A chief technical officer may, by notice in writing, require any person who has expertise or knowledge in an area of biological science to supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms.”

• “(1) The Director-General may, from time to time, approve systems administered by specified persons for the purpose of enabling the identification of organisms and their products and associated premises.”

• “(4) Regulations made under this Act may require persons of any kind or description to use 1 of any 1 or more identification systems approved under this section and notified in the Gazette in accordance with subsection (5).

• “(5) The Director-General may, by notice in the Gazette, specify the identification systems that may be used to comply with regulations made under this Act; and must keep, and make publicly available, a register of all Gazette notices made under this section.”

• “(d) As permitted either generally or specifically by a chief technical officer.”

• “(1) Subject to subsection (2), the owner or person in charge of an organism which that person knows or suspects constitutes, contains, or harbours a pest or unwanted organism must not—

  • “(a) Cause or permit that organism to be in a place where organisms are offered for sale or are exhibited; or

  • “(b) Sell or offer that organism for sale; or

  • “(c) Propagate, breed, or multiply the pest or unwanted organism or otherwise act in such a manner as is likely to encourage or cause the propagation, breeding, or multiplication of the pest or unwanted organism.”

• “(2) A chief technical officer may permit an owner or person in charge of an organism to carry out an act otherwise prohibited by this section.

• “(3) Permission given under this section must be given either by notice in the Gazette or in writing to the owner or person in charge of an organism.”

“54

• The purpose of this Part is to provide for the effective management or eradication of pests and unwanted organisms.”

“55

• “(1) The management or eradication of pests must be in accordance with pest management strategies made in accordance with this Part.

  “(2) Every pest management strategy or notice declaring a small-scale management programme must specify which of the powers in Part VI may be exercised in the implementation of that strategy or programme and only those powers may be used to implement the strategy or programme.

  “(3) Where any provision in Part VI confers a power on a management agency, that power may be exercised by a management agency only if it is acting in the implementation of a pest management strategy for which it is the management agency, and that strategy specifies the power as one which may be exercised to implement the strategy.

  “(4) An authorised person may exercise a power conferred on an authorised person by Part VI to implement a pest management strategy or small-scale management programme only if the strategy or notice declaring the programme specifies the power as one which may be exercised to implement the strategy or programme and that authorised person was appointed for the purposes of that strategy or programme.”

“56

• A Minister or any person may prepare a proposal for a national pest management strategy.”

“58

• “(1) Any person may, by notice in writing to a Minister whose responsibilities might be adversely affected by an organism, request that Minister to notify in accordance with section 62 a proposal for a national pest management strategy in relation to that organism.

  “(2) Where a Minister is requested to notify a proposal in accordance with this section, the Minister must do so unless section 59 applies, and if,—

  • “(a) In the Minister's opinion, the proposal complies with section 57; and

  • “(b) In the Minister's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.

  “(3) Where a proposal is notified after a request made in accordance with this section, the Minister may, if he or she thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the proposal in accordance with sections 62 to 69, and the strategy may be processed only to the extent that the person meets his or her share of the costs.”

“60

• A proposal for a national pest management strategy must specify the following matters:

  • “(a) The proposer of the strategy:

  • “(b) The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:

  • “(c) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy including a description of the adverse effects of the organism, or the class or description of organism:

  • “(d) The management agency that is to be responsible for implementing the strategy:

  • “(e) The proposed period for which the strategy will remain in force:

  • “(f) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:

  • “(g) Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy, and the reasons for preferring the measures specified in accordance with paragraph (f) as the measures proposed to be taken:

  • “(h) The intended scope and purpose of each proposed strategy rule, and the rules for which it is proposed that a breach of the rule will be an offence under this Act:

  • “(i) Whether any land will include portions of adjoining road for the purposes of the strategy in accordance with section 6, and if so, the portions of road that are proposed to be included:

  • “(j) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:

  • “(k) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—

    • “(i) The environment; and

    • “(ii) The marketing overseas of New Zealand products:

  • “(l) An analysis of the benefits and costs of the strategy in relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, and the reasons why a national strategy is more appropriate than a regional strategy or regional strategies:

  • “(m) The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 61:

  • “(n) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:

  • “(o) The powers to be used in accordance with section 55 to implement the strategy:

  • “(p) Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:

  • “(q) The proposed means for measuring the extent to which the objectives of the strategy are being achieved:

  • “(r) The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.”

“61

• A proposal for a national pest management strategy must specify, in relation to each organism to which the strategy would apply, or in relation to each class or description of organism to which the strategy would apply, the following matters:

  • “(a) The extent to which any persons, or persons of any class, kind, or description are likely to benefit from the strategy:

  • “(b) The extent (if any) to which any persons, or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:

  • “(c) The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96,—

    • “(i) The matters required to be specified in accordance with section 93(1); and

    • “(ii) How the proposed levy will comply with section 92(1)(d), (e), (f), and (g):

  • “(d) Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.”

• “(2) Every notice under this section must include—

  • “(a) A description of the proposed strategy:

  • “(b) A statement that submissions on the proposed strategy may be made in writing to the Minister by any person:

  • “(c) A closing date for submissions (which must not be earlier than 20 working days after notification under this section):

  • “(d) A statement that every submission should state—

    • “(i) Those aspects of the proposed strategy that the submission supports; and

    • “(ii) Those aspects of the proposed strategy that the submission opposes; and

    • “(iii) The reasons for the support and opposition identified; and

    • “(iv) Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and

    • “(v) Whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held:

  • “(e) A list of the places where a copy of the proposal for the strategy may be obtained or inspected:

  • “(f) An address for submissions.

• “(3) Any person may make a submission to the Minister about a proposed national pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d).”

• “(1) The Minister must appoint a board of inquiry to inquire into and report on every proposal for a pest management strategy notified in accordance with section 62, unless, after having regard to the submissions made to the Minister, the Minister is satisfied that there is no significant body of persons who—

  • “(a) Would be affected by the implementation of the proposed strategy; and

  • “(b) Are opposed to a significant element of the proposed strategy.”

• “(2A) Where the Minister appoints a board of inquiry in accordance with subsection (1), the Minister must forward all submissions received under section 62 to that board.”

“68

• “(1) Subject to section 69, the Governor-General may, by Order in Council made on the recommendation of a Minister, make a national pest management strategy.

  “(2) The Order in Council made under this section must include all the matters required in a national pest management strategy by section 69A.

  “(3) The strategy rules in an order made under this section are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989.”

“69A Contents of national pest management strategy

• A national pest management strategy must specify the following matters:

  • “(a) The pest or pests to be managed or eradicated:

  • “(b) The objectives of the strategy:

  • “(c) The management agency that is responsible for implementing the strategy:

  • “(d) The period for which the strategy will remain in force:

  • “(e) The powers to be used in accordance with section 55 to implement the strategy:

  • “(f) The strategy rules, if any, made in accordance with this Act:

  • “(g) The portions of road, if any, that are included as adjoining land, in accordance with section 6, for the purposes of the strategy:

  • “(h) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:

  • “(i) The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:

  • “(j) The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.

“69B Strategy rules

• “(1) A national pest management strategy made by Order in Council under section 68, may include rules made for all or any of the following purposes:

  • “(a) Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:

  • “(b) Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:

  • “(c) Requiring the identification of specified goods:

  • “(d) Prohibiting or regulating specified methods that may be used in the management of the pest:

  • “(e) Prohibiting or regulating activities which may affect measures taken to implement the strategy:

  • “(f) Requiring audits or inspections of specified actions:

  • “(g) Specifying, for the purposes of section 52(a), the circumstances in which the pest may be communicated, released, or otherwise spread:

  • “(h) Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:

  • “(i) Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:

  • “(j) Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:

  • “(k) Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:

  • “(l) Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:

  • “(m) Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:

  • “(n) Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:

  • “(o) Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:

  • “(p) Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:

  • “(q) Prohibiting or regulating the holding or disposal of organic material:

  • “(r) Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:

  • “(s) Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.

  “(2) A Minister must not recommend the making of an Order in Council under section 68 unless the Minister has had regard to—

  • “(a) The extent to which each rule included in the strategy is likely to assist in achieving the objectives of the strategy; and

  • “(b) The extent to which each rule included in the strategy is likely to restrict the rights of individuals.

  “(3) A rule may specify that a breach of the rule creates an offence under section 154(q).

  “(4) A rule may provide that no exemptions from any requirement of the rule may be granted under section 69D.

  “(5) A rule may—

  • “(a) Apply generally throughout New Zealand or within a specified part or parts of New Zealand:

  • “(b) Apply generally or with respect to different classes of persons, places, goods, or other things:

  • “(c) Apply generally or at any specified time of each year.

  “(6) Where a rule applies to a specified part or parts of New Zealand, other rules relating to the same subject matter may be made for other specified parts of New Zealand.

  “(7) So far as the bylaws of any local authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.

“69C Incorporation by reference

• “(1) Any written material or document that, in the opinion of the Minister, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.

  “(2) Any material incorporated by reference under this section is deemed for all purposes to form part of the rule, but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.

  “(3) All material incorporated by reference under this section must be available at the office of the management agency for that strategy and copies of that material must be available for purchase for a reasonable charge.

“69D Exemption power of Minister

• “(1) The Minister may, upon such conditions as he or she considers appropriate, exempt any person from any requirement in any rule included in a national pest management strategy made under this Act.

  “(2) Before granting an exemption under this section, the Minister must be satisfied in the circumstances of each case that—

  • “(a) The requirement has been substantially complied with and that further compliance is unnecessary; or

  • “(b) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

  • “(c) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

  • “(d) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—

  “and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.

  “(3) The Minister may, upon such conditions as he or she thinks fit, exempt all persons, or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things from any requirement in any rule included in a national pest management strategy made under this Act, if the Minister is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.

  “(4) The number and nature of exemptions granted under this section must be notified as soon as practicable in the Gazette.

  “(5) Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.”

“71

• A regional council or any other person may prepare a proposal for a regional pest management strategy.”

“74

• “(1) Any person may, by notice in writing to a regional council, request that council to notify a proposal for a regional pest management strategy under section 78.

  “(2) Where a regional council is requested to notify a proposal in accordance with this section, the council must do so unless section 75 applies, and if,—

  • “(a) In the opinion of the council, the proposal complies with the provisions of section 72; and

  • “(b) In the council's opinion, the person making the request has consulted with persons likely to be affected by the strategy, or representatives of persons likely to be affected by the strategy.

  “(3) Where a proposal is notified after a request made in accordance with this section, the regional council may, if it thinks fit, require the person who has given notice in writing to pay all or part of the costs of processing the propose in accordance with sections 78 to 79F, and the strategy may be processed only to the extent that the person meets his or her share of the costs.”

“76

• “(1) A proposal for a regional pest management strategy must specify the following matters:

  • “(a) The proposer of the strategy:

  • “(b) The organism or organisms to which the strategy is to apply and any other organisms intended to be controlled:

  • “(c) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the reasons for the strategy, including a description of the adverse effects of the organism, or the class or description of organism:

  • “(d) The management agency that is to be responsible for implementing the strategy:

  • “(e) The proposed period for which the strategy will remain in force:

  • “(f) In relation to each organism to which the strategy would apply, or each class or description of organism to which the strategy would apply, the objectives of the strategy and the principal measures proposed to be taken to achieve those objectives:

  • “(g) Any alternative measures that it would be reasonable to take to achieve the objectives of the strategy and the reasons for preferring the measures specified in accordance with paragraph (f) as the measures proposed to be taken:

  • “(h) Each proposed strategy rule, an explanation of each proposed rule, and, if it is proposed that a breach of the rule will be an offence under this Act, a statement to that effect:

  • “(i) Whether land will include portions of adjoining road for the purposes of the strategy in accordance with section 6, and if so, the portions of road that are proposed to be included:

  • “(j) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu, and taonga:

  • “(k) The actual or potential effects, beneficial or detrimental, that the implementation of the strategy might (in the proposer's opinion) have on—

    • “(i) The environment; and

    • “(ii) The marketing overseas of New Zealand products:

  • “(l) An analysis of the benefits and costs of the strategy (including the reasons why the strategy is more appropriate than relying on the voluntary actions of persons) in relation to each organism to which the strategy would apply:

  • “(m) The anticipated costs of implementing the strategy, how those costs are to be funded, and the funding information required to be included by section 77:

  • “(n) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the implementation of the strategy, and information concerning the disposal of the proceeds of any receipts arising in the course of implementing the strategy:

  • “(o) The powers to be used in accordance with section 55 to implement the strategy:

  • “(p) Where the proposed strategy would affect another pest management strategy, the proposed means of co-ordination:

  • “(q) The proposed means for measuring the extent to which the objectives of the strategy are being achieved:

  • “(r) The actions (including the making of contributions towards the costs of implementation) that it is proposed may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.”

“77

• A proposal for a regional pest management strategy must specify, in relation to each organism or in relation to each class or description of organism to which the strategy would apply, the following matters:

  • “(a) The extent to which any persons or persons of any class, kind, or description are likely to benefit from the strategy:

  • “(b) The extent (if any) to which any persons or persons of any class, kind, or description by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the pest management strategy:

  • “(c) The rationale for the proposed allocation of costs, including, where it is proposed that the strategy should be funded by a levy in accordance with sections 90 to 96,—

    • “(i) The matters required to be specified in accordance with section 93(1); and

    • “(ii) How the proposed levy will comply with section 92(1)(d), (e), (f), and (g):

  • “(d) Whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons who are to be required to pay.”

• “(1) A regional council must publicly notify a proposed regional pest management strategy—

  • “(a) By publishing a notice in 1 or more daily newspapers circulating within the council's region; and

  • “(b) By giving such further notice, if any, as the regional council considers appropriate having regard to the nature and distribution of the organism concerned and the persons likely to have an interest in the proposal.

• “(2) Every notice under this section must include—

  • “(a) A description of the proposed strategy:

  • “(b) A statement that submissions on the proposed strategy may be made in writing to the regional council by any person:

  • “(c) A closing date for submissions (which must not be earlier than 20 working days after notification under this section):

  • “(d) A statement that every submission should state—

    • “(i) Those aspects of the proposed strategy that the submission supports; and

    • “(ii) Those aspects of the proposed strategy that the submission opposes; and

    • “(iii) The reasons for the support and opposition identified; and

    • “(iv) Any specific alternatives to the proposed strategy that the person making the submission wishes to recommend; and

    • “(v) Whether the person making the submission wishes to be heard in respect of that submission:

  • “(e) A list of the places where a copy of the proposed strategy may be obtained or inspected:

  • “(f) An address for submissions.

• “(2A) Any person may make a submission to the regional council about a proposed regional pest management strategy notified in accordance with this section, and every submission must contain the matters specified in subsection (2)(d).”

“79A Summary of submission, notification, and conduct of hearing

• Every proposal for a regional pest management strategy must be subject to an inquiry, the Second Schedule applies in respect of that inquiry as though the inquiry were undertaken by a board of inquiry, and every person who made a submission on that proposed regional pest management strategy has the right to be heard at the inquiry.

“79B Regional matters to be considered and regional council's report

• “(1) In considering a proposed regional pest management strategy, a regional council—

  • “(a) Must have regard to—

    • “(i) All submissions; and

    • “(ii) All relevant provisions of this Part; and

    • “(iii) A report on the proposed regional pest management strategy made to it by its principal officer; and

    • “(iv) Any report and any recommendations of a hearings commissioner; and

  • “(b) Where the strategy includes provision for funding, the strategy in accordance with section 97 must have regard to—

    • “(i) The extent to which the proposal for the pest management strategy gave notice of the intention to provide in the strategy for wholly or partially funding the strategy in accordance with section 97; and

    • “(ii) The extent of consultation with the occupiers of the properties on which the rate or rates is or are likely to be levied and the views of those occupiers; and

    • “(iii) All views expressed to the regional council by any other person concerning the proposal to fund the strategy in accordance with section 97; and

    • “(iv) All other relevant matters known to the council; and

  • “(c) Must be satisfied on reasonable grounds of the matters in section 72(1).

  “(2) On completion of its consideration, the council must prepare a written report on the proposed regional pest management strategy and the matters raised by the submissions, and must give its decision which must include the regional pest management strategy and the reasons for accepting or rejecting any submissions or group of submissions.

  “(3) The decision of the regional council may include any consequential alterations arising out of submissions and any other relevant matters it considered relating to matters raised in submissions.

  “(4) The regional council must give public notice of the decision and the pest management strategy.

“79C Notification of decision

• At the same time as a regional council gives public notice of its decision, it must serve on every person who made a submission on a provision, a copy of its decision on that provision.

“79D Reference of decision on submissions to Environment Court

• “(1) Any person who made a submission on a proposed regional pest management strategy may refer to the Environment Court—

  • “(a) Any provision included in the proposed regional pest management strategy, or a provision which the decision on submissions proposes to include in the regional pest management strategy; or

  • “(b) Any matter excluded from the proposed regional pest management strategy, or a provision which the decision on submissions proposes to exclude from the regional pest management strategy,—

  “if that person referred to that provision or matter in that person's submission on the proposed regional pest management strategy.

  “(2) Any reference to the Environment Court under this section must be lodged with the Environment Court within 15 working days of service of the decision of the regional council and must state—

  • “(a) The reasons for the reference and relief sought; and

  • “(b) The address for service of the person who made the reference; and

  • “(c) Any other matters required by regulations.

  “(3) A person who makes a reference to the Environment Court under this section must serve a copy of the notice within 5 working days after the reference is lodged with the Environment Court, on—

  • “(a) The regional council; and

  • “(b) Every person who made a submission on that provision or matter.

“79E Hearing by Environment Court

• “(1) The Environment Court must hold a public hearing into any provision or matter referred to it.

  “(2) Where the Environment Court holds a hearing into any provision or matter of a proposed regional pest management strategy, that reference is an appeal and the Environment Court may confirm, or direct the regional council to modify, delete, or insert, any provision or matter which is referred to it.

“79F Final consideration of regional pest management strategy

• “(1) A regional council must make a regional pest management strategy once it has made the amendments as directed by the Environment Court.

  “(2) A strategy must be made under this section by affixing the seal of the regional council to the document.

  “(3) The regional council must provide 1 copy of each regional pest management strategy made by the council to every public library in its area.”

“80A Contents of regional pest management strategy

• A regional pest management strategy must specify the following matters:

  • “(a) The pest or pests to be managed or eradicated:

  • “(b) The objectives of the strategy:

  • “(c) The management agency that is responsible for implementing the strategy:

  • “(d) The period for which the strategy will remain in force:

  • “(e) The powers to be used in accordance with section 55 to implement the strategy:

  • “(f) The strategy rules, if any, made in accordance with this Act:

  • “(g) The portions of road, if any, that are included as adjoining land, in accordance with section 6, for the purposes of the strategy:

  • “(h) The basis, if any, on which compensation is to be paid by the management agency in respect of losses incurred as a direct result of the strategy:

  • “(i) The sources of funding for the implementation of the strategy, and the limitations, if any, on how the funds collected from those sources may be used to implement the strategy:

  • “(j) The actions (including the making of contributions towards the costs of implementation) that may be taken in relation to the strategy by local authorities, local authorities of a specified kind or description, or specified local authorities.

“80B Strategy rules

• “(1) A pest management strategy made under section 79F may include rules for all or any of the following purposes:

  • “(a) Requiring any person to take specified actions which will enable the management agency to determine or monitor the presence or distribution of the pest or any pest agent:

  • “(b) Requiring any person to keep records of actions taken in accordance with rules made under this section and to send specified information based on those records to the management agency:

  • “(c) Requiring the identification of specified goods:

  • “(d) Prohibiting or regulating specified methods that may be used in the management of the pest:

  • “(e) Prohibiting or regulating activities which may affect measures taken to implement the strategy:

  • “(f) Requiring audits or inspections of specified actions:

  • “(g) Specifying, for the purposes of section 52(a), the circumstances in which the pest may be communicated, released, or otherwise spread:

  • “(h) Requiring the occupier of any place to take specified actions to control or eradicate the pest or a specified pest agent on that place:

  • “(i) Requiring the occupier of any place to take specified actions to control or eradicate the habitat of the pest or the habitat of a specified pest agent on that place:

  • “(j) Prohibiting or regulating specified activities by the occupier of a place where those activities will promote the habitat of the pest on that place:

  • “(k) Requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on that place:

  • “(l) Prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:

  • “(m) Requiring the occupier of any place to carry out specified treatments or procedures to assist in preventing the spread of the pest:

  • “(n) Requiring the owners or persons in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:

  • “(o) Requiring the destruction of goods in circumstances where the goods may contain or harbour the pest, or otherwise pose a risk of spreading the pest:

  • “(p) Prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:

  • “(q) Prohibiting or regulating the holding or disposal of organic material:

  • “(r) Prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:

  • “(s) Prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.

  “(2) A rule may provide that no exemptions from any requirement of the rule may be granted under section 80D.

  “(3) A rule may—

  • “(a) Apply generally throughout the region or within a specified part or parts of the region:

  • “(b) Apply generally or with respect to different classes of persons, places, goods, or other things:

  • “(c) Apply generally or at any specified time of each year.

  “(4) Where a rule applies to a specified part or parts of the region, other rules relating to the same subject matter may be made for other specified parts of the region.

  “(5) So far as the bylaws of the regional council or a territorial authority are inconsistent with or repugnant to any rule made under this Act in force in the same locality, the bylaws must be construed subject to the rules.

  “(6) In the event of an inconsistency between regulations made under this or any other Act or the rules in a national pest management strategy, and the rules in a regional pest management strategy, the regulations or rules in a national pest management strategy prevail.

  “(7) A rule may specify that a breach of the rule creates an offence under section 154(r).

  “(8) Notwithstanding any rule of law to the contrary, a strategy rule may not be declared invalid for unreasonableness.

“80C Incorporation by reference

• “(1) Any written material or document that, in the opinion of the regional council, is too large or otherwise impractical to be printed as part of a rule included in a pest management strategy may be incorporated by reference.

  “(2) Any material incorporated by reference under this section is deemed for all purposes to form part of the rule but any amendment to the material by the person or organisation originating it does not come into force as a rule until a rule to that effect has been made under this Act.

  “(3) All material incorporated by reference under this section must be available at the office of the management agency for that strategy, and copies of that material must be available for purchase for a reasonable charge.

“80D Exemption power of regional council

• “(1) The regional council may, if the regional council considers it appropriate and upon such conditions as the regional council considers appropriate, exempt any person from any specified requirement in any rule included in a regional pest management strategy in accordance with this Act.

  “(2) Before granting an exemption under this section, the regional council must be satisfied in the circumstances of each case that—

  • “(a) The requirement has been substantially complied with and that further compliance is unnecessary; or

  • “(b) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

  • “(c) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

  • “(d) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—

  “and that the granting of the exemption will not significantly prejudice the attainment of the objectives of the strategy.

  “(3) The regional council may, upon such conditions as it thinks fit, exempt all persons or any specified class of persons, persons in any specified place, or persons responsible for specified goods or things, from any requirement in any rule included in a regional pest management strategy made under this Act if the regional council is satisfied that events have occurred that make the prescribed requirements unnecessary or inappropriate.

  “(4) The number and nature of exemptions granted under this section must be recorded by the regional council in a register; and the register must be available for public inspection during the normal office hours of the regional council.

  “(5) Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.”

• “(4) The Minister who recommended the making of the Order in Council making the strategy (in the case of a national pest management strategy) and the regional council that made the strategy (in the case of a regional pest management strategy) may,—

  • “(a) At any time before being notified under subsection (3) of the preparation or amendment of an operational plan; or

  • “(b) Not later than 20 working days after being so notified,—

  “give the management agency written notice that the Minister or the regional council (as the case may be) intends to disallow the plan or any part of the plan on the grounds that the Minister or the regional council believes that the plan or that part of the plan is inconsistent with the strategy.”

• “(5) Unless the Minister or regional council later gives the management agency concerned written notice that the Minister or regional council is now prepared to allow the plan, or a part of a plan, in respect of which the Minister or the regional council gave the agency notice under subsection (4), the plan or part of a plan is of no effect.”

“88

• “(1) In this section, a reference to the Minister or regional council is a reference to the Minister or regional council, as the case may require, who notified the proposal for the pest management strategy.

  “(2) A pest management strategy ceases to have effect—

  • “(a) When the Minister or regional council declares by public notice that the purpose of the strategy has been achieved; or

  • “(b) After the expiry of the period specified in the strategy; or

  • “(c) When, following a review carried out in accordance with this section, the strategy is revoked,—

  “whichever event occurs first.

  “(3) The Minister or a regional council may review a pest management strategy in accordance with this section at any time—

  • “(a) If the Minister or regional council has reason to believe that the strategy is failing to achieve its purposes; or

  • “(b) If the Minister or regional council has reason to believe that relevant circumstances have changed to a significant extent since the strategy commenced; or

  • “(c) If the strategy is due to expire in less than 12 months and—

    • “(i) Any person requests the Minister or regional council to notify a proposal to extend the duration of the strategy; or

    • “(ii) The Minister or regional council proposes to extend the duration of the strategy—

    and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged.

  “(4) Where the review of a pest management strategy has commenced in accordance with this section and that strategy would otherwise expire in accordance with the terms of the strategy during the review, that strategy continues in force until amended or revoked on completion of the review, including the completion of any rights of appeal.

  “(5) Where any person requests the Minister or regional council to notify a proposal to extend the duration of a strategy in accordance with subsection (3)(c)(i)—

  • “(a) The Minister or regional council may refuse to notify a proposal if the provisions of sections 59 or 75 (as the case may be) apply:

  • “(b) The review may be processed only so far as the costs of the review are met by that person.

  “(6) Where a pest management strategy has been in force for 5 years or more and it is more than 5 years since the strategy has been reviewed in accordance with this section, the Minister or regional council must proceed to review the strategy in accordance with this section and may, following the review, amend or revoke the strategy in accordance with this section, or leave the strategy unchanged; and this review is a cost of the strategy.

  “(7) A review of a national pest management strategy is commenced by a proposal notified in accordance with section 62 and the provisions of sections 63 to 70 apply to that review with any necessary modifications.

  “(8) A review of a regional pest management strategy is commenced by a proposal notified in accordance with section 78 and the provisions of sections 79 to 83 apply to that review with any necessary modifications.

  “(9) A proposal must state whether it is proposed that the strategy be amended or revoked or left unchanged, the proposed amendments, if any, in full, and the reasons for the proposed result of the review.

  “(10) Every notification of a proposal for a review must—

  • “(a) Describe the proposed result of the review; and

  • “(b) State where the proposal can be inspected; and

  • “(c) Include a statement that submissions on the proposal may be made in writing by any person to the Minister or regional council, as the case may be; and

  • “(d) Include a closing date for submissions (which is not earlier than 20 working days after public notice of the proposal is given); and

  • “(e) Include a statement that every submission should state whether the person making the submission wishes to be heard in respect of that submission if an inquiry is held.

  “(11) On completion of the review the Governor-General may, by Order in Council made on the recommendation of a Minister, amend or revoke a national pest management strategy; and in that event the Minister must present a copy of the order, and where appropriate the strategy as amended, to the House of Representatives.

  “(12) An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.

  “(13) On completion of the review a regional council may, by affixing the common seal of the council, amend or revoke a regional pest management strategy.

  “(14) The regional council must provide one copy of each amended regional pest management strategy made by the regional council to every public library in its area.”

“88A

• “(1) Subject to subsection (4), a national pest management strategy may be amended from time to time, on the recommendation of the Minister, by the Governor-General by Order in Council without a review of the strategy under section 88.

  “(2) An order made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.

  “(3) Subject to subsection (4), a regional pest management strategy may be amended from time to time by a regional council by resolution without a review of the strategy in accordance with section 88.

  “(4) A strategy may be amended in accordance with this section only if the Minister or regional council is satisfied that the amendment will not have any significant effect on the rights and obligations (including obligations to contribute to the costs of the strategy) of any person.

  “(5) In this section, a reference to the Minister or regional council is a reference to the Minister or regional council, as the case may require, who notified the proposal for the pest management strategy.”

• “(g) Whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the places, goods, or other things to which the different rates may apply; and

• “(h) In respect of each rate of levy, the maximum rate of levy; and

• “(ha) How the management agency is to set the actual rate or rates of levy; and”.

• “(d) The holding of funds from which payments of levy are to be made, on trust in separate accounts.”

“93A

• “(1) Where an order under section 90 provides that funds from which payments of levy are made are to be held on trust in separate accounts, the persons responsible for collecting the levy must each keep a bank account (in this section referred to as a trust account) at a registered bank within the meaning of the Reserve Bank of New Zealand Act 1989; and

  • “(a) Ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and

  • “(b) Take all practicable steps to ensure that—

    • “(i) The account is used only for holding amounts required to be deposited by subsection (3); and

    • “(ii) The balance in the account on any day is not less than the amount outstanding to the management agency on that day by the person responsible for collecting the levy.

  “(2) For the purpose of this section, the amount outstanding to the management agency by a person responsible for collecting the levy on any day is the remainder obtained by subtracting—

  • “(a) The total of all amounts of levy paid by that person to the management agency before that day calculated on the basis specified in the order under section 90; from

  • “(b) The total of all amounts required by subsection (3) to be deposited in the trust account by the person responsible for collecting the levy not later than a day before that day.

  “(3) Where a person is responsible for collecting a levy that person must deposit an amount equal to the levy calculated on the basis provided for in the order under section 90 in the trust account on the day or days specified in that order or on a day or days calculated in accordance with that order.

  “(4) There is deemed to be held on trust for the management agency as levy money—

  • “(a) The amount outstanding to the management agency by the person responsible for collecting the levy held in the trust account specified in the order under section 90; or

  • “(b) Where the amount held in the account is less than the amount outstanding, all the money in the account.

  “(5) Money deemed by subsection (4) to be held on trust—

  • “(a) Is not available for the payment of; and

  • “(b) Is not liable to be attached or taken in execution at the instance of—

  “any creditor of the person responsible for collecting the levy (other than the management agency).

  “(6) A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account referred to in this section until all the levy money payable to the management agency in respect of the period during which that person was responsible for collecting the levy has been paid.

  “(7) Nothing in subsection (6) limits or affects any obligation or liability under this Act of any person who has become responsible for collecting the levy.”

• “(c) The levy may be spent by the management agency only for those purposes set out in the levy order made under section 90.”

“95A Orders to provide for statements, accounts, and records to be kept

• For the purpose of ascertaining whether or not an order under section 90 is being complied with, the order must provide for—

  • “(a) The keeping of statements, accounts, and records of specified classes or descriptions by the management agency, persons responsible for collecting the levy, and persons responsible for paying the levy concerned, or any of them; and

  • “(b) Any such statements, accounts, or records to be retained for a specified period.

“95B Compliance audits

• “(1) While an order under section 90 is in force, the Minister who recommended its making may, at the request of the management agency, appoint 1 or more Auditors to conduct an audit of the affairs of all or any of the following:

  • “(a) Some or all of the persons responsible for collecting the levy:

  • “(b) Some or all of the persons responsible for paying the levy.

  “(2) While an order under section 90 is in force, the Minister who recommended its making may, if an arbitrator has been appointed to resolve a dispute, appoint an Auditor to conduct an audit of all or any of the persons involved in the dispute.

  “(3) No person is qualified for appointment as an Auditor unless the person is a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996) or a member, fellow, or associate of an association of accountants constituted in some part of the Commonwealth outside New Zealand, and for the time being approved for the purpose of the audit of company financial statements by the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Companies Act 1993, by notice published in the Gazette.

  “(4) No officer or employee of any of the following persons or organisations may be appointed an Auditor:

  • “(a) Any management agency:

  • “(b) Any person responsible for collecting the levy under the order concerned:

  • “(c) Any person responsible for paying the levy under the order concerned.

  “(5) Every person appointed as an Auditor is entitled to remuneration (paid by the management agency concerned) as provided in the relevant levy order.

  “(6) For the purposes of sections 95C and 95D, Auditor means a person for the time being appointed under subsection (1) or subsection (2).

“95C Purpose of compliance audits

• “(1) The purpose of an audit conducted by an Auditor appointed under section 95B(1) is (so far as is practicable) to ascertain in respect of the affairs of the persons whose affairs are to be audited, and report to the Minister responsible for the pest management strategy, on as many of the following matters as are relevant to those affairs:

  • “(a) The extent to which persons responsible for paying the levy concerned are doing and have done so:

  • “(b) The extent to which appropriate amounts of the levy concerned are being and have been paid:

  • “(c) The extent to which appropriate amounts of the levy concerned are being and have been collected:

  • “(d) The extent to which appropriate amounts of the levy concerned are being and have been paid over to the management agency by persons collecting it:

  • “(e) The extent to which statements, accounts, and records are being and have been kept:

  • “(f) The extent to which statements, accounts, and records that are being and have been kept are being and have been properly kept.

  “(2) The purpose of an audit conducted by an Auditor appointed under section 95B(2) is (so far as is practicable) to ascertain in respect of the affairs of the parties to the dispute, and report to the arbitrator concerned, the Minister responsible for the pest management strategy, and those parties, on the matters of fact that are in dispute.

“95D Power of Auditors to require production of statements, accounts, and records

• “(1) For the purposes of conducting an audit, any Auditor specifically or generally authorised in writing in that behalf by a Minister may from time to time require any person (being a management agency, a person responsible for collecting levies, a person responsible for paying levies, or any employee or officer of a management agency or of any such person) to produce for inspection within a reasonable period specified by the Auditor any statements, accounts, and records in the possession or under the control of that person (being statements, accounts, or records that are required to be kept under this Act or by an order), and may take copies of or extracts from any such document.

  “(2) Every authorisation under subsection (1) must contain—

  • “(a) A reference to this section; and

  • “(b) The full name of the Auditor; and

  • “(c) A statement of the powers conferred on the Auditor by subsection (1).

  “(3) Subject to section 95C(2), except in respect of a prosecution under this Act or an action for the recovery of any amount due under this Act, no Auditor who exercises powers under this section may disclose to any other person (other than a Minister or a person authorised in that behalf by a Minister) any information obtained by the Auditor as a result of the exercise of the power.

  “(4) Notwithstanding subsection (3), the Official Information Act 1982 applies in respect of any information held by a Minister that was obtained pursuant to this section.”

“99B

• A management agency must not spend funds to meet the costs of implementing a pest management strategy in contravention of the limitations, if any, imposed on the expenditure of funds by the strategy.”

“100 Regional council may without pest management strategy undertake small-scale management of unwanted organisms

• “(1) If satisfied that—

  • “(a) An unwanted organism that is present in the region could cause serious adverse and unintended effects unless early action to control it is taken; and

  • “(b) The organism can be eradicated or controlled effectively by small-scale measures within 3 years of commencing measures to control the organism, because—

    • “(i) Distribution of the organism is limited; and

    • “(ii) Technical means to control the organism are available; and

  • “(c) The taking of all the measures (including the payment of any amount to a person for the purpose of compensating that person for a loss) is likely to cost less than an amount for the time being prescribed for the purposes of this section by the Governor-General by Order in Council; and

  • “(d) The taking of those measures is unlikely to result in significant monetary loss to any person, other than a person who has contributed to the presence or spread of the organism by failing to comply with this Act or any pest management strategy,—

  “a regional council may, by giving such public notice as the regional council thinks fit having regard to the distribution of the unwanted organism and the persons likely to be affected by the measures taken, declare a small-scale management programme.

  “(2) Every public notice declaring a small-scale management programme must specify—

  • “(a) The unwanted organism that is the subject of the small-scale management programme; and

  • “(b) The objectives of the small-scale management programme; and

  • “(c) The powers to be exercised in accordance with section 55 to implement the small-scale management programme.

  “(3) Before any powers to enter a place and carry out work are exercised in accordance with a small-scale management programme, a notice specifying the matters in subsection (2) and the work to be carried out on the place must be given to the occupier of the place not less than 5 working days before the work is carried out.

  “(4) Subsection (3) does not apply where the regional council is satisfied that there are reasonable grounds to believe that the unwanted organism may spread beyond the place before the expiry of 5 working days.

  “(5) A small-scale management programme ceases to have effect—

  • “(a) When the regional council declares by public notice that the programme is failing to control the organism; or

  • “(b) When the regional council declares by public notice that the organism has been eradicated or brought under control; or

  • “(c) After the expiry of 5 years from the declaration of the programme.

“100A Exercise of powers in respect of unwanted organism

• “(1) The powers under Part VI in relation to an unwanted organism may be exercised by—

  • “(a) The Director-General:

  • “(b) A chief technical officer appointed by the Director-General, or the chief executive of any department:

  • “(c) An inspector or authorised person appointed under section 103(1)(a):

  • “(d) An inspector or authorised person appointed under section 103(2)(a):

  “(2) Where a small-scale management programme has been declared under section 100 by a regional council in respect of an organism, that declaration does not prevent the exercise of Part VI powers by the persons specified in subsection (1) in relation to that organism.”

• “(2) The chief executive of a department recognised by the responsible Minister as having responsibilities for natural and physical resources or human health that could be adversely affected by an organism may appoint chief technical officers for the purposes of this Act, being in each case a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.

• “(3) A chief technical officer appointed under subsection (2) may exercise all the powers and perform all the functions and duties conferred on a chief technical officer by this Act except those powers conferred under sections 103(1), 116, 126, and 127.”

• “(1) The Director-General and the chief executive of any other department may appoint, in respect of any chief technical officer appointed by the Director-General or that chief executive, 1 or more deputy chief technical officers who must in each case be a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.”

• “(1) A chief technical officer appointed as such by the Director-General may from time to time—

  • “(a) Appoint inspectors and authorised persons for the purposes of administering and enforcing the provisions of this Act:

  • “(b) Appoint authorised persons for the purposes of a national pest management strategy.

• “(2) A chief technical officer appointed as such by the chief executive of a department may from time to time—

  • “(a) Appoint inspectors and authorised persons for the purposes of administering and enforcing all or any of the provisions of this Act except the provisions of Part III:

  • “(b) Appoint authorised persons for the purposes of a national pest management strategy.”

“104

• “(1) All authorised persons appointed by a chief technical officer must comply with any lawful direction or instruction given by a relevant chief technical officer in relation to the exercise and performance of the powers, duties, and functions conferred or imposed on authorised persons by this Act.

  “(2) All authorised persons appointed by a principal officer must comply with any lawful direction or instruction given by that officer in relation to the exercise and performance of the powers, duties, and functions conferred or imposed on authorised persons by this Act.

  “(3) For the purposes of this section, relevant chief technical officer means any one or more of the chief technical officers appointed by the chief executive who appointed the chief technical officer responsible for the appointment of the authorised person.”