Biosecurity Act 1993 (No. 95 of 1993).

The general aim of this Act is to restate and reform the law relating to the exclusion, eradication and effective management of pests and unwanted organisms so as to protect plant life and natural resources. Organic materials and organisms are (i) organic material derived from or containing material, excretions, or secretions of an organism, excluding substances like cardboard, coal, and petroleum-based materials; (ii) organisms include microorganisms, self-replicating genetic structures (excluding those from humans), entities declared by the Governor-General, reproductive cells or developmental stages of organisms, and prions. The Act addresses and seeks to control any factors that may, at any time, negatively impact one or more of the following in New Zealand: economic wellbeing, the viability of threatened species, the survival and distribution of indigenous plants and animals, the sustainability of ecosystems and biological diversity, soil resources, water quality, human health, social and cultural wellbeing, the recreational value of the natural environment, the relationship between Māori and their culture, traditions, and ancestral lands, and animal welfare. The Act applies to fish and marine mammals taken in the EEZ as well.
It is divided into 185 sections, grouped into 10 Parts and 9 Schedules as follows: Preliminary (1); Functions, powers and duties (2); Importation of risk goods (3); Surveillance and prevention (4); Pest management (5); Government/industry agreement for readiness or response (5A); Administrative provisions (6); Exigency actions (7); Enforcement, offences and penalties (8); Exclusive economic zone (Part 8A); Miscellaneous provisions (9); Savings and transitional provisions (10).
Part 3 provides for the management of risks associated with the importation of risk goods which are defined as any organism, organic material, or other thing or substance, that (by reason of its nature or origin) it is reasonable to suspect to constitute, contain, or otherwise pose a risk that its presence in New Zealand will result in (a) exposure of organisms in New Zealand to damage, disease, loss, or harm; or (b) interference with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms.
The purpose of Part 4 is to ensure the continuous monitoring the status regarding pests and unwanted organisms to facilitate export certifications, support the administration of the Act through precautionary measures, emergency actions, and pest or pathway management plans, assess the effectiveness of these management plans, and fulfill international trade and reporting obligations. It also authorizes inspectors to request relevant information or assistance from entities managing data, organisms, or materials necessary to identify and monitor harmful organisms and substances.
Under Part 5, the relevant Minister may propose (or accept proposals) for pest management strategies relating to one or more specific organisms, albeit if certain conditions are met (sect. 57). It aims to eradicate or effectively manage harmful organisms in New Zealand by (i) developing effective measures to prevent or mitigate their adverse impacts on the economy, environment, human health, enjoyment of nature, and Māori cultural and traditional relationships with their ancestral lands and resources; (ii) ensuring the fair allocation of costs associated with these measures. The strategies must be approved by Order in Council of the Governor-General (sect. 68). Regional pest management strategies may be proposed by Regional councils under similar conditions. Strategies must specify a management agency which may be a government department, a regional council, a territorial authority or a body corporate (sect. 84) and the Governor-General may impose levies payable to such agencies for the funding of strategies (sect. 90). The management of unwanted organisms present on a small scale may be undertaken without pest management strategies (sect. 100). Among the administrative provisions, the Act provides for inspectors, quarantine and the declaration of restricted or control areas. Part 5A aims to create a framework for government and industry to collaborate on readiness and response activities through joint decision-making and shared funding based on public and industry benefits.
Part 7 allows for the declaration of biosecurity emergencies in exceptional cases (significant economic or environmental loss or both). Part 8 concerns Part 8 enforcement, offences, and penalties. Schedule 1 sets out in detail the matters for consideration in the preparation of pest management strategies (Reasons, Objectives, Outline of strategy, Environmental effects, Animal welfare, Economic evaluation of strategy, Funding, Management, Compensation, Strategy rules, Measure of performance, Statutory powers required and Regulatory management).
The latest amendments introduces new provisions related to providing information about biosecurity laws to passengers on certain incoming craft. Specifically, the Act requires the person in charge of a large commercial craft on route to New Zealand from outside the country to provide passengers with information about relevant biosecurity laws before arrival. This information must comply with regulations set out in the Act, which may specify content, form, manner, and timing of provision. Failure to comply with the requirements outlined in the Act, such as providing the necessary information to passengers or following regulations, can result in penalties. The Act also empowers the Director-General to oversee the provision of information and approve records of information in various mediums.