Biosecurity (Forms) Regulations 1995

Biosecurity (Forms) Regulations 1995 (SR 1995/129) Note These regulations are administered in the Ministry of Agriculture and Forestry. PURSUANT to section 165(x) of the Biosecurity Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. Contents 1 Title and commencement 2 Interpretation 3 Certain forms prescribed Schedule Prescribed forms 1 Title and commencement (1) These regulations may be cited as the Biosecurity (Forms) Regulations 1995. (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette. 2 Interpretation In regulation 3 of these regulations,— The principal Act means the Biosecurity Act 1993 The schedule means the Schedule to these regulations. 3 Certain forms prescribed There are hereby prescribed— (a) For the purposes of section 110 of the principal Act, the form of warrant set out in the schedule as Form A: (b) For the purposes of section 111 of the principal Act, the form of warrant set out in the schedule as Form B: (c) For the purposes of section 159(3) of the principal Act, the form of infringement notice set out in the schedule as Form C: (d) For the purposes of clause 5(2) of Schedule 2 to the principal Act, the form of summons set out in the schedule as Form D. (e) For the purposes of section 159A(4) of the principal Act, the form of infringement notice set out in the Schedule as Form E. Regulation 3 was amended, as from 17 December 1998, by regulation 2(a) Biosecurity (Forms) Amendment Regulations 1998 (SR 1998/350) by omitting the expression “(1)”. A second paragraph (b) was renumbered paragraph (d), as from 17 December 1998, by regulation 2(b) Biosecurity (Forms) Amendment Regulations 1998 (SR 1998/350). Paragraph (e) was inserted, as from 18 November 1999, by regulation 2 Biosecurity (Forms) Amendment Regulations 1999 (SR 1999/368). http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316753#DLM316753 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM314622#DLM314622 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200576#DLM200576 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200576#DLM200576 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200577#DLM200577 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200577#DLM200577 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200582#DLM200582 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200582#DLM200582 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200582#DLM200582 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM314622#DLM314622 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316094#DLM316094 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200587#DLM200587 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316300#DLM316300 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200590#DLM200590 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316728#DLM316728 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200593#DLM200593 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM317122#DLM317122 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM201102#DLM201102 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316729#DLM316729 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM200586#DLM200586 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/whole.html#DLM201104#DLM201104 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264811#DLM264811 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264811#DLM264811 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM300771#DLM300771 Schedule Prescribed forms Form A Warrant to enter and inspect dwellinghouse, marae, or building associated with marae Form A was amended, as from 17 December 1998, by regulation 3(1)(a) Biosecurity (Forms) Amendment Regulations 1998 (SR 1998/350) by inserting the words “AND INSPECT”. It was further amended by regulation 3(1)(b) of those regulations by inserting the words “and inspect”. It was further amended by regulation 3(1)(c) of those regulations by inserting the item “• risk goods” for the items “• packing material, plants, soil, or some other thing, that may have been in contact with a pest or an unwanted organism; or” and “• organic material that may constitute a risk of introducing pests or unwanted organisms, or may hinder the management or eradication of a pest”. Form B Search warrant http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264812#DLM264812 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264812#DLM264812 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264812#DLM264812 Form B was amended, as from 17 December 1998, by regulation 3(2) Biosecurity (Forms) Amendment Regulations 1998 (SR 1998/350) by inserting the words “or authorised person”. Form C Infringement notice http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264812#DLM264812 • Notes • Defences • 1. You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry of Agriculture and Forestry (MAF) at the address for payment shown on the front of this notice before or within 28 days after you have been served with a reminder notice. NOTE that late payment or payment at any other address will not be a defence. • Right to Request Hearing • 2. You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the address specified on the front of this notice before or within 28 days after you have been served with a reminder notice. If you request a hearing you may deny liability for the offence, or admit liability and make submissions as to penalty or any other matter. o 2.1 If you deny liability for the offence, MAF will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the Court (unless MAF decides not to start Court proceedings). NOTE that if the Court finds you guilty of the offence, costs will be imposed in addition to any fine. o 2.2 If you admit liability for the offence but want the Court to consider your submissions, you should in your request for a hearing—  (a) Admit the offence; AND  (b) Set out the written submissions you wish to be considered by the Court. MAF will then file your letter with the Court (unless MAF decides not to commence court proceedings). There will be no oral hearing before the Court if you follow this course of action. NOTE that costs will be imposed in addition to any fine. • Consequences of Taking No Action • 3. o 3.1 If, within 28 days after the date of this notice, you have not paid the infringement fee and MAF has not received a request for a hearing, you will be served with a reminder notice (unless MAF decides otherwise). o 3.2 If, within 28 days after being served with the reminder notice, you have not paid the infringement fee and MAF has not received a request for a hearing, you will become liable to pay COSTS IN ADDITION TO THE INFRINGEMENT FEE (unless MAF decides not to commence proceedings against you). • Questions and other correspondence • 4. When writing or making payment please include— o (a) The date of the infringement notice; AND o (b) The infringement notice number; AND o (c) The course of action you are taking in respect of the alleged offence; AND o (d) Your full address for replies. FURTHER DETAILS OF YOUR RIGHTS AND OBLIGATIONS ARE SET OUT IN SECTION 159 OF THE BIOSECURITY ACT 1993 AND SECTION 21 OF THE SUMMARY PROCEEDINGS ACT 1957. NOTE: ALL QUERIES AND ALL CORRESPONDENCE REGARDING THIS NOTICE MUST BE DIRECTED TO MAF AT THE ADDRESS SHOWN. Form C was amended, as from 10 October 2006, by regulation 4(1)(a) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by omitting the words “(WHO IS REFERRED TO AS 'THE DEFENDANT')”. Form C was amended, as from 10 October 2006, by regulation 4(1)(b) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by omitting the words “OF THE DEFENDANT”. Form C was amended, as from 10 October 2006, by regulation 4(1)(c) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Full name:” for the expression “Name:”. Form C was amended, as from 10 October 2006, by regulation 4(1)(d) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Full address:” for the expression “Address:”. Form C paras (1) and (2) under the heading “Nature of Offence” were amended, as from 10 October 2006, by regulation 4(1)(e) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the word “person” for the word “defendant”. Paragraph 1 of the Notes of Form C was amended, as from 17 December 1998, by regulation 3(3) Biosecurity (Forms) Amendment Regulations 1998 (SR 1998/350) by substituting the words “Ministry of Agriculture and Forestry” for the words “Ministry of Agriculture and Fisheries”. Paragraph 4(d) of the Notes of Form C was amended, as from 10 October 2006, by regulation 4(1)(f) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “full address” for the word “address”. http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM316728#DLM316728 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM314622#DLM314622 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM311346#DLM311346 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM310742#DLM310742 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM264812#DLM264812 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 Form D Witness summons Form E Infringement notice Form E was inserted, as from 18 November 1999, by regulation 3 Biosecurity (Forms) Amendment Regulations 1999 (SR 1999/368). Form E was amended, as from 10 October 2006, by regulation 4(2)(a) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by omitting the words “(WHO IS REFERRED TO AS 'THE DEFENDANT')”. Form E was amended, as from 10 October 2006, by regulation 4(2)(b) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by omitting the words “OF THE DEFENDANT”. Form E was amended, as from 10 October 2006, by regulation 4(2)(c) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Full name:” for the expression “Name:”. Form E was amended, as from 10 October 2006, by regulation 4(2)(d) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Full address:” for the expression “Address:”. Form E under the heading “Nature of offence” was amended, as from 10 October 2006, by regulation 4(2)(e) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the word “person” for the word “defendant” in each place where it appears. Form E was amended, as from 10 October 2006, by regulation 4(2)(f) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “To be provided for filing in court” for the words “To be completed only on copy to be filed in court”. Form E was amended, as from 10 October 2006, by regulation 4(2)(g) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Postal service” for the words “Registered or ordinary post”. Form E was amended, as from 10 October 2006, by regulation 4(2)(h) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “Served by [full name] at [full address of service] on [date of service]” for the words “Served by On [Date]”. Paragraph 4(d) of the notes of Form E was amended, as from 10 October 2006, by regulation 4(2)(i) Biosecurity (Forms) Amendment Regulations 2006 (SR 2006/233) by substituting the words “full address” for the word “address”. MARIE SHROFF, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 22 June 1995. http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM300772#DLM300772 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM404392#DLM404392 http://www.legislation.govt.nz/regulation/public/1995/0129/latest/link.aspx?id=DLM195097#DLM195097