understanding the biosecurity act and your powers under the act

1

Exotic Disease ResponseUnderstanding the Biosecurity Act and your powers under the Act

Understanding the Biosecurity Act 2

1. Overview of the Act2. Your Powers under the Act3. Restricted Place Notices4. Advising on Compensation5. Your Broader Responsibilities

Training Agenda


This workshop is designed to introduce you to the Biosecurity Act so that in the event of an EDR you are able to apply your powers and meet your responsibilities under the Act, without error.

Workshop Outcome


Knowledge Checks

• Are not designed to Pass or Fail you!• Make sure you have understood what you have

learned before moving on to the next module.• You can refer to your reference material (processes

and procedures) if you need to.• If you haven’t achieved 100% accuracy, I’ll provide

some help before we move on to the next topic.


1: Overview of the Biosecurity Act Objective

By the end of this topic you will be able to:• Explain the purpose of the Act• Explain who uses the Act• Explain the duties of persons under the Act


History of the ActThe Biosecurity Act replaced a pile of legislation• Agricultural Pests Destruction Act• Animals Act• Apiaries Act• Dog Control and Hydatids Act• Noxious Plants Act, and so on


What the Act covers

Biosecurity Act

Keeping pests and disease out of NZ

Pest Management(plants, insects etc)

Exotic DiseaseResponse


Purpose of the Act• The Biosecurity Act 1993 commenced on 1st October

1993

• The Purpose of the Act is An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms.


Purpose of the Act…..

In a nutshell, in relation to EDR, the Act enables: Identification, management or eradication of ‘unwanted

organisms’Rapid and effective response to an exotic diseaseDefinition of legal powers – what you can and cannot doClarification of duties – who is responsible for what


Sections of the Act to mark

43 52 53

104 106 109 110

111 112 113 114 115

120 121 121A 122 123

130 131 132 133 134

162A


Duties of persons in relation to EDR

• Section 43 – to provide information and to provide assistance

• Section 53 – cannot cause spread of the unwanted organism (selling, exhibiting etc)


2: Legislative PowersObjective

By the end of this topic you will be able to:• Describe the key people who have powers under the Act• Explain your duty under the Act• Explain and reference your 6 powers under the Act


The key playersGovernment

Director General MAF

Chief Technical Officers

Authorised Persons


Authorised person has power

1. To require assistance2. To inspect3. To record information4. General powers – to eradicate or manage5. To use equipment6. To intercept 7. To examine8. To give directions9. To vaccinate etc

SECTIONS106, 43, 109 - 112113114 115, 121A120121122123


Authorised person does not have power

Only the police can:• Detain• Arrest• Search a person

AND you need permission or a warrant to:• Enter a dwelling or marae


Power to Inspect dwelling or marae


3: Restricted Place NoticesObjective

By the end of this topic you will be able to:• Explain when and how you would declare a restricted

place• Explain when and how a Chief Technical Officer would

declare a controlled area• Identify your powers in relation to movement and other

EDR controls


An occupier

Discuss how you could serve a restricted place notice if theoccupier was:• Farm manager• Elderly relative, only person at the house• A child (15), only person at the house• A farm worker• A camper, only person on the property


4: Advising on compensationObjective

By the end of this topic you will be able to:• Identify situations where compensation is payable• Identify situations where compensation is unlikely to be

payable

$ $ $ $ $ $ $


5: Your broader responsibilitiesObjective

By the end of this topic you will be able to:• Explain your responsibilities under the following legislation:• The NZ Bill of Rights Act, 1990 (Sections 21, 22, 23, 27)• The Privacy Act, 1993• The Official Information Act, 1982 • The Health and Safety in Employment Act, 1992


The Bill of Rights Act

S21 To be secure against unreasonable search or seizure – of person, property,

correspondence etcS22 Not to be arbitrarily arrested or detainedS23 If arrested or detained, to be informed,

offered a lawyer, refrain from making a statement

S27 Right to justice – to go to tribunal or other public authority for a determination, & to bring civil proceedings


The Privacy Act

• Any information about an identifiable individual is subject to the Privacy Act

• For example, information about farm ownership, financial or stock records, personal information

• Such information cannot be disclosed to anyone or any agency except for purposes of administering and enforcing the Biosecurity Act

• You need to verify official requests for information.


The Official Information Act• This Act requires that Government Departments

provide information on request• Some information is exempt – for example,

commercially sensitive information • Requests from journalists for information held by

Biosecurity NZ are to be referred to the Media Liaison Officer

• Only Directors can release information under the OIA


Health and Safety in Employment Act

1. Correct unsafe behaviour2. Ensure staff are trained to do their job safely (or

supervise them)3. Identify and manage all hazards on the property4. Record all hazards (forms will be provided)

Responsibility for the health and safety of people on the property – visitors, employees, contractors


Health and Safety in Employment Act….

5. Report ALL accidents (from sprain to car crash) and all near misses to the Health and Safety Officer

6. Record all accidents and near misses (accident reporting forms will be provided)


PNWV continues

understanding the biosecurity act and your powers under the act

Documents

actthe biosecurity act

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biosecurity actpurpose

biosecurity actoverview

biosecurity acthistory

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biosecurity actwhat