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Proposed amendments to the Biosecurity Act

 

We want your views about modernising the Biosecurity Act

The Ministry for Primary Industries (MPI) has completed a review of the Biosecurity Act 1993. While the Biosecurity Act is working well, there are some critical areas that need legislative change. We propose amending the Biosecurity Act to deliver solutions to these problems and capitalise on the opportunity to do things better.

We have developed a range of proposals for discussion to update and modernise the Act.

Your views are essential to help us understand the impacts each proposal may have.

Your input on these ideas will help us advise the Government on a potential amendment bill.

What we are proposing

This consultation package contains more than 70 proposals that span across a range of areas in the biosecurity system. These proposals have been grouped into 6 topics.

  1. System-wide issues.
  2. Funding and compensation.
  3. Border and imports.
  4. Readiness and response.
  5. Long-term management.
  6. Surveillance and legislative interfaces.

We have prepared 7 discussion documents – an overview and separate documents for each topic.

For each discussion document, there is an accompanying regulatory impact statement, which provides a high-level summary of the problem being addressed, the options and their associated costs and benefits, the consultation undertaken, and the proposed arrangements for implementation and review.

Brief summaries about the topics and background information are on this page. Information sheets for Māori are available in English and te reo Māori. Full details are in the discussion documents.  

You have from 19 September until 29 November 2024 to make a submission.

Discussion documents

Regulatory impact statements

Information sheets

Making your submission

Send us your feedback by 5pm on 29 November 2024.

We recommend using the online form.

You can also provide feedback by email to BiosecurityBill@mpi.govt.nz

While we prefer you use the online form or email, you can post written submissions to:

Biosecurity System Policy team
Policy and Trade Branch
Ministry for Primary Industries
PO Box 2526
Wellington 6140.

What to include in your submission

Make sure you tell us in your submission:

  • the topic of the consultation. If submitting by email (put 'Submission on proposed amendments to the Biosecurity Act’ in the subject line)
  • your name and title (unless you are making an anonymous submission)
  • your organisation's name (if you are submitting on behalf of an organisation, and whether your submission represents the whole organisation or a section of it)
  • your contact details (such as phone number, address, and email – unless you wish to remain anonymous).

The next steps following this consultation

At the end of the consultation, MPI will analyse every submission and make recommendations to the Minister for Biosecurity. A summary of submissions will be posted on this page.

We anticipate that final policy proposals will be considered by Cabinet in 2025.

Summaries of proposals covered in the 6 topic areas

The proposals are grouped under topics or interest areas to make it easier for you to give feedback.

System-wide issues

Proposals under this theme relate to purpose provisions in the Biosecurity Act, ministerial involvement in significant decisions, local knowledge in decision-making, biometric information, and enforcing the law.

Funding and compensation

These proposals seek to improve how the biosecurity system is funded and relate to cost-sharing arrangements under the Government Industry Agreement, cost recovery from non-signatory beneficiaries, and compensation.

Border and imports

Proposals for this area aim to strengthen biosecurity processes at the border and improve the Import Health Standard (IHS) system. The proposals relate to IHS processes, passenger processing, transitional and containment facilities, and biosecurity control areas.

Readiness and response

These proposals aim to strengthen how the biosecurity system prepares for and responds to biosecurity threats once they have arrived in New Zealand. Proposals include changing the Government Industry Agreement partnership, emergency declarations, and biosecurity practices.

Long-term management

These proposals seek to strengthen the pest and pathway management system. Proposals relate to creating pest and pathway management plans, better long-term management outcomes, better management of unwanted and notifiable organisms, and changing definitions related to unauthorised goods.

Surveillance and interfaces with Department of Conservation-administered legislation

These proposals focus on surveillance, and improving how the Biosecurity Act interacts with other legislation including Freshwater Fisheries Regulations, the Marine Mammals Protection Act, and the Wild Animal Control Act. 

Background information on this consultation and the Act

New Zealand’s biosecurity system helps protect our economy, environment, and people from unwanted pests and diseases.

Our biosecurity system is underpinned by the Biosecurity Act 1993. The Act provides the main legal framework for MPI and other organisations to manage and respond to harmful pests and diseases. The Act provides MPI and other organisations the tools to manage biosecurity risk before it arrives on New Zealand’s shore, at the border, and within New Zealand.

While the Act has served us well for the last 30 years, increasing pressures on the biosecurity system from trade, travel, online purchasing and climate change mean some changes are required to keep the system resilient and fit for the future. We have an opportunity now to strengthen the biosecurity system and make it efficient, cost-effective, and adaptable.

Since 2019, we have talked with key stakeholders (including mana whenua, regional councils, Government Industry Agreement partners, and other government agencies) about potential updates to the Act and key policy issues.

Submissions are public information

Note that all, part, or a summary of your submission may be published on this website. Most often this happens when we issue a document that reviews the submissions received.

People can also ask for copies of submissions under the Official Information Act 1982 (OIA). The OIA says we must make the content of submissions available unless we have good reason for withholding it. Those reasons are detailed in sections 6 and 9 of the OIA.

If you think there are grounds to withhold specific information from publication, make this clear in your submission or contact us. Reasons may include that it discloses commercially sensitive or personal information. However, any decision MPI makes to withhold details can be reviewed by the Ombudsman, who may direct us to release it.

Official Information Act 1982 – NZ Legislation