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Increased Penalties for Breach of Biosecurity Bill (Consistent) [2022] NZBORARp 21 (2 June 2022)
Last Updated: 22 June 2022
![2022_2100.jpg](2022_2100.jpg)
2 June 2022
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Increased
Penalties for Breach of Biosecurity Bill
- We
have considered whether the Increased Penalties for Breach of Biosecurity Bill
(the Bill), a member’s Bill in the name of
Hon Jacqui Dean, is consistent
with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990
(the Bill of Rights
Act).
- The
purpose of this Bill is to better protect the New Zealand border
by:
- amending
the Biosecurity Act 1993 and the Biosecurity (Infringement Offences) Regulations
2010 (SR 2010/67) to increase the penalties
for a person who erroneously
declares that they are not in possession of biosecurity risk items to an
infringement fee of $1,000
or, on prosecution through the court system, a fine
of $2,000; and
- amending
the Immigration Act 2009 to provide that a holder of a temporary entry class
visa may be refused entry permission or deported
for failing to comply with the
requirements of the Biosecurity Act or any direction or request made by a
biosecurity officer.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
![2022_2101.jpg](2022_2101.jpg)
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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