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Biosecurity Amendment Bill (Consistent) [2009] NZBORARp 55 (10 September 2009)

Last Updated: 28 April 2020

Biosecurity Amendment Bill

10 September 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BIOSECURITY AMENDMENT BILL

1. We have considered whether the Biosecurity Amendment Bill (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). The Bill was introduced into the House of Representatives on 8 September 2009. We did not receive a copy of the Bill until 9 September 2009 and have therefore prepared this advice as a matter of urgency.

2. The Bill amends the Biosecurity Act 1993 (“the Act”) to create two types of infringement offences: regular infringement offences and border infringement offences. An infringement offence can be classified as a border infringement offence if it is committed in a biosecurity control area at a port approved as a place of first arrival. The accelerated infringement notice procedure already set out in the Act would apply to border infringement offences. The accelerated procedure is

designed for infringement offences committed by people arriving in New Zealand

and recognises that many of them will depart relatively quickly.

3. The Bill also increases the maximum fine for making an erroneous declaration concerning possession of undeclared goods from $400 to $800 and enables:

• offences to be prescribed as infringement offences by regulations;

• infringement fees to be set by regulations (to a maximum of $1000); and

• the form of infringement notices, and any particulars additional to those specified in the Act, to be set in regulations.
  

In enabling the form of infringement notices to be set in regulations, the Bill would still require certain information specified in the Act to be included in the notice. In particular, we note that the recipient of the notice must be advised of the right to request a court hearing in respect of the alleged offence.

This advice has been prepared by the Public Law Group and the Office of Legal Counsel. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Biosecurity Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect

of this or any other matter.