Understanding the Biosecurity Act and your powers under the Act

1. Exotic Disease Response Understanding the Biosecurity Act and your powers under the Act

2. Training Agenda • Overview of the Act • Your Powers under the Act • Restricted Place Notices • Advising on Compensation • Your Broader Responsibilities

3. Workshop Outcome 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.

4. 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.

5. 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

6. History of the Act The 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

7. What the Act covers Biosecurity Act Keeping pests and disease out of NZ Pest Management (plants, insects etc) Exotic Disease Response

8. 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.

9. 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 disease • Definition of legal powers – what you can and cannot do • Clarification of duties – who is responsible for what

10. Sections of the Act to mark

11. 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)

12. 2: Legislative Powers Objective 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

13. The key players Government Director General MAF Chief Technical Officers Authorised Persons

14. To require assistance To inspect To record information General powers – to eradicate or manage To use equipment To intercept To examine To give directions To vaccinate etc SECTIONS 106, 43, 109 - 112 113 114 115, 121A 120 121 122 123 Authorised person has power

15. Only the police can: Detain Arrest Search a person AND you need permission or a warrant to: Enter a dwelling or marae Authorised person does not have power

16. Power to Inspect dwelling or marae

17. 3: Restricted Place Notices Objective 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

18. An occupier Discuss how you could serve a restricted place notice if the occupier 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

19. 4: Advising on compensation Objective 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 $ $ $ $ $ $ $

20. 5: Your broader responsibilities Objective 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

21. S21 To be secure against unreasonable search or seizure – of person, property, correspondence etc S22 Not to be arbitrarily arrested or detained S23 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 Bill of Rights Act

22. 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 Privacy Act

23. 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 The Official Information Act

24. Health and Safety in Employment Act Responsibility for the health and safety of people on the property – visitors, employees, contractors • Correct unsafe behaviour • Ensure staff are trained to do their job safely (or supervise them) • Identify and manage all hazards on the property • Record all hazards (forms will be provided)

25. Health and Safety in Employment Act…. • Report ALL accidents (from sprain to car crash) and all near misses to the Health and Safety Officer • Record all accidents and near misses (accident reporting forms will be provided)

26. PNWV continues