FAQs related to Ports of First Arrival

We cannot be accurate at this time, but it is likely to be somewhere in the realm of $500 per year per ship coming to New Zealand. This levy will be supplemented by direct user charges in the small number of cases where ships require additional control action. Maritime New Zealand will administer the levy similarly to the current Maritime Safety Charge.

The levy will be developed in regulations following changes to the Maritime Transport Act. Stakeholders and interested groups will have the opportunity to contribute their views on the levy as part of the public consultation process for the regulations.

It will apply to all ships designed or constructed to carry ballast water, that bring ballast water from outside New Zealand for discharge here – both foreign and New Zealand-flagged ships, and to New Zealand-flagged ships making international journeys. The Convention will not initially apply to ships that only operate in our waters, but this may be subject to change in the future based on risk.

The responsibility for implementing the Convention will be shared between MAF Biosecurity New Zealand and Maritime New Zealand, and it is to be given effect through the Biosecurity and Maritime Transport Acts. Maritime New Zealand will be responsible for requirements relating to ships, while MAF will be responsible for ballast water management policy, and controlling facilities in ports for ballast sediment disposal.

It is expected that the process of enacting amendments to New Zealand legislation and developing new Maritime Protection Rules could be completed in 2010. As well, the Convention itself has to come into force and can only do so when 35 member states representing 35% of world merchant shipping tonnage have become Parties. Currently only 14 states have joined, but there does appear to be sufficient support for the Convention to come into force, including from international organisations that represent ship-owners.

In 1998 New Zealand introduced mandatory ballast water controls under the Biosecurity Act. These require ballast water taken up in foreign ports to be discharged in mid-ocean and replaced with oceanic water. These existing controls provide some protection against introductions of marine pests, but have limitations – it is not entirely effective at removing coastal organisms, there is some risk to ship safety and they may not be undertaken in extreme conditions.

Marine pest organisms can also come to New Zealand as biofouling growing on ship hulls.

Water used to weight or balance a ship to keep it stable and deep enough in the water when it is not laden with cargo. Water is loaded as ballast as cargo is offloaded, and discharged when cargo is taken on board.

Customs will collect the new levy on behalf of MAF, using existing systems and reducing duplication of government resources.

The biosecurity risk screening levy will be applied to all goods that attract Customs' import entry transaction fee. The import entry transaction fee is charged on commercial imports with duty and/or GST liability of $50 or more, and on private imports of good with a value of $1,000 or more and a duty and/or GST liability of $50 or more.

The biosecurity risk screening levy will be collected by Customs and billed on the same invoice sent to importers for the import entry transaction fee, duty and GST.

Payment conditions for the levy will be the same as for the import entry transaction fee. Levies invoiced in a given month will be payable in the following month under Customs' normal terms of business with each levy payer. Alternatively, for cash payments, goods will not be released until the levy is paid.

This levy is part of a whole-of-government response to border management, which will result in more effective goods clearance at the border. It is a fairer, more consistent charge on importers and is significantly lower than the previous charge of $28.70 (GST inclusive) on identified risk goods.

Automated risk assessment of all import documentation will fund biosecurity screening for goods coming into New Zealand. It will also reduce MAF Biosecurity New Zealand Clearance's administrative tasks, thus freeing up extra inspection capability without additional cost to industry.

Using Customs' existing systems to collect the levy will help reduce compliance costs to importers by providing one invoice statement from two government agencies.

MAF is improving procedures for assessing imported goods for biosecurity risk. Under the 2003 Regulations, risk assessment on import documentation is performed manually and MAF recovers the cost through an import documentation fee. This fee has been applied to risk goods only, but all imported goods need to be assessed for risk.

MAF screens all imported goods for the risk they pose to New Zealand. The biosecurity risk screening levy 2006 will be a new cost to importers who have previously not been charged the import documentation fee. Import entries identified as non- risk goods (such as shrink wrapped television sets) will be given a biosecurity clearance with no delay and no further cost beyond the biosecurity risk screening levy. Imported goods considered to be a risk will be identified for further consideration by MAF.

The Biosecurity (Costs) Regulations 2003 have been in place since May 2003 and charges have not been amended since then. The new charges reflect current costs and changes in MAF’s operations. In its provision of cargo clearance services, MAF needs to:

• Ensure that any changes in practices required at the border are adequately cost recovered;
• Avoid under and over recovery of costs over time;
• Ensure charges remain fair and equitable.

The key changes are:

• An increase in the MAF hourly rate inspection charge to $100 per hour;
• A new method of charging to recover costs relating to the primary screening of import documentation; a biosecurity risk screening levy of $3.38 will be charged on all imported goods that attract New Zealand Customs Service's import entry transaction fee. The biosecurity risk screening levy replaces the current inspection of import documentation fee from 1 October 2006. The levy will be collected by Customs on behalf of MAF.
• A new method of charging to pay for sea container clearance system costs and the increased monitoring and verification activities required by the revised import health standard for sea containers; A levy will be charged on all imported sea containers of $16 for full sea containers and $7 for empty containers.
• The number of categories of inspection charges for used vehicles has been reduced from 15 to four and the fee structure has been simplified. Inspection and re-inspection of used vehicles will be charged at the same rates.

After the release of its discussion paper Border Clearance Costs and Organism Identification Requirements in April 2006, MAF found that it needed to make modifications to some of its proposals outlined in that discussion paper in light of the consultation feedback received and changes in trade volumes and some costs. The reasons for this were:

• The volume of used vehicles, containers and general cargo had fallen further than anticipated;
• The Office of the Auditor- General had released its report on Managing biosecurity risks associated with high-risk sea containers recommending that MAF undertake additional work on containers;
• Some further costs had been identified.

Consequently, the shipping container levy was increased to enable more work to be undertaken on sea containers and the biosecurity risk screening levy was increased to fund more risk profiling effort and systems development as recommended by the Office of the Auditor-General report and further internal work. The hourly inspection rate was also increased slightly to ensure sustainability of the fees for the next 3 years.

The new charges under the Biosecurity (Costs) Regulations 2006 become effective from 7 September 2006. Imported goods that land in New Zealand and require biosecurity clearance from 7 September onwards will be charged the fees contained in the Biosecurity (Costs) Regulations 2006.

Importers will be able to pay in cash for fees incurred under the Biosecurity (Costs) Regulations 2006.

A charge for waiting time will be applied in the Biosecurity (Costs) Regulations 2006. This is payable at the applicable hourly rate for a MAF inspector or veterinary inspector for the time each inspector spends in waiting for the goods to become available.

Those being charged can minimise charges by ensuring compliance with the required standards and thus avoid additional inspections. Importers/transitional facilities can minimise charges by ensuring that risk goods are available for inspection at the time that has been booked, and that labour is provided for unpacking and repacking goods. Transitional facilities also need to be kept to the required standard.

Organism identification is costly work and the fees in the 2003 Regulations charged by the MAF Investigation and Diagnostic Centres (IDCs) did not reflect the true cost of the organism identification work. The fees for the identification of organisms provided by MAF IDCs are not set by the Biosecurity (Costs) Regulations 2006 but are contestable and subject to market forces. Where MAF Biosecurity New Zealand Clearance Service inspectors undertake an organism identification, this would be charged at $100 per hour.

MAFBNZ will apply the following organism identification charging policy for the Biosecurity (Costs) Regulations 2006:

• Organism identification required for risk profiling and other information gathering making purposes will be funded by the Crown;
• Importers will be required to pay for organism identification only where it is required to determine whether goods can be cleared for entry into New Zealand. The organism identification charge will be applied to all organisms, ie, regulated and non-regulated.

Travel zones fees have been introduced to ensure consistency nation-wide and to provide transparency for such fees. There are four zones. Each zone has been calculated to account for a return trip from the base site. MAF Biosecurity New Zealand Clearance Service has developed zone maps for each key location:

• Zone 1: $45 0-10 km radius
• Zone 2: $70 11-25 km
• Zone 3: $140 26-50 km
• Zone 4: $200 51-75km

Travel over 75 km is charged on the hourly rate of the inspector for the time that he or she has spent away from base, plus actual and reasonable costs. A zone fee will be applied for each visit. Where more than one inspection is undertaken during the same visit, the zone fee will be shared. If a subsequent re-inspection is required, then an extra zone fee will apply.

MAF anticipates that the new charges will stay in force for at least 3 years. The biosecurity risk screening levy, the shipping container levy and used vehicle inspection fees in the Biosecurity (Costs) Regulations 2006 are subject to memorandum accounting. Memorandum accounting means that if for example, trade volumes were to increase and MAF was to earn more funds than needed, excess funds can be carried forward to cover costs for the following year.

The biosecurity risk screening levy 2006 will not come into effect until 1 October 2006 in order to align with New Zealand Customs Service's monthly billing cycle to importers. In the intervening period, the import documentation fee of $28.70 (GST inclusive) will apply.

The Quarantine Declaration should contain the information shown on the sample quarantine declaration in the import health standard for sea containers (go to www.biosecurity.govt.nz/regs/cont-carg to obtain a copy of the standard).

The Quarantine Declaration must:

• Specify the container numbers.
  • Each declaration may be for one or multiple sea containers.
  • A list of containers covered by the QD may be on an attachment. There must be some linkage between this list and the front page containing the questions. (i.e. Pages 1 of 2 and 2 of 2 or commonly numbered documents.)
• Answer all of the questions shown on the sample quarantine declaration (in the standard). The questions do not have to be in the same sequence as they appear on the sample.
• Conclude with the name and signature of the person making the declaration.
  • Stamped or electronic signatures are acceptable.
• Be dated.

The following are not compulsory but are desirable:

The Quarantine Declaration should:

• Be on supplier letterhead paper (or stamped with a company seal).
• Specify a vessel and voyage number (if known by the declarant).
• Show the designation of the person signing.

Please note:

• Translations of the quarantine declaration in 19 different languages are also available on the website listed above. Please note that these forms are displayed for information purposes only and the English version must be presented prior any container entering into New Zealand.
• Australian "Packing Declaration" certificates are not accepted in lieu of the New Zealand Quarantine declaration.

If you have any further questions on the new MAF Biosecurity New Zealand fees, contact:

Cyril Evans
MAFBNZ Clearance Service
Ph: 04 894 4206
evansc@maf.govt.nz

You should lodge your container information and quarantine declaration with MAF prior to the vessel arriving in New Zealand. This is to allow the necessary risk analysis to be done on your container before arrival, to minimize delays in New Zealand. To lodge the information electronically prior to making your import entry, you should use the dedicated Customs ECI report option (see Question 5). You will either receive a message back allowing your container to be taken to a MAF-approved transitional facility (see Question 6) or a message requiring you to contact MAF to make arrangements for a container inspection (see Questions 7, 8, 11). You may also make a manual application to MAF if you prefer.

At some ports with documented, MAF-approved equivalent biosecurity systems in place, otherwise low-risk containers may be transported from the wharf to an inland facility prior to presentation of the quarantine declaration. But you should still plan to lodge all information with MAF as early as possible, to avoid delays between unloading and transport from the wharf.

You should lodge your container information, including the quarantine declaration, with MAF prior to the vessel arriving in New Zealand. This is to allow the necessary risk analysis to be done on your container before arrival, to minimize delays in New Zealand. If you plan to lodge your Customs import entry late (e.g. after arrival of the vessel), you must still lodge details of the container with MAF (use the dedicated Customs ECI report, or make a manual application) before it is moved from the wharf.

At some ports with documented, MAF-approved equivalent biosecurity systems in place, otherwise low-risk containers may be transported from the wharf to an inland facility prior to presentation of the quarantine declaration. But you should still plan to lodge all information with MAF as early as possible, to avoid delays between unloading and transport from the wharf.

A small proportion of containers will be selected for an audit on a random basis. Such containers will be identified by the words "MAF AUDIT" in the message you receive from Customs. Fax a copy of the container Quarantine Declaration to your local MAF office immediately, but in all cases within 12 hours of receiving this message. Many audit containers will also require external and internal inspection by MAF as part of the audit. You should contact your local MAF office with an Application for a BACC accompanied by consignment information (Bill of Lading and invoice), ideally when you fax your container Quarantine Declaration, to make arrangements for inspection. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. Once these arrangements have been made, and any external requirements taken care of, MAF will issue a BACC allowing your container to move to an approved transitional facility.

Your container has goods that require MAF clearance. Contact your local MAF office with an Application for a BACC and appropriate documentation for the goods in your container. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. MAF will advise whether the goods require an inspection. Confirm the transitional facility to which the goods will go. MAF will issue a BACC allowing your container and goods to move off the wharf.

These words indicate that your container requires supervision of devanning by MAF. Contact your local MAF office with an Application for a BACC to confirm the transitional facility to which your container will go, and make an appointment for an officer to be present to supervise devanning. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. MAF will prepare a BACC allowing your container to move to the transitional facility, where it must be held unopened until the MAF officer arrives.

These words indicate that your container requires one or more actions to be taken on the wharf. Once the action has been taken, MAF will issue a BACC allowing your container to move from the wharf. Contact your local MAF office with an Application for a BACC to confirm the transitional facility to which your container will go and the email address / fax number where they should send the BACC. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container.

If you have received this message in response to a Customs Import Entry, your container can be moved off the wharf and taken to a MAF-approved transitional facility, where it must be checked by an Accredited Person. This message replaces the BACC to remove a low-risk container from the wharf. You do not need to lodge an Application for a BACC with MAF. This message does not constitute final MAF clearance of the container. The Accredited Person who checks the container at the devanning facility must still file a container log sheet for the container and obtain final MAF clearance for the container.

If you have received this message in response to a Customs ECI report for a loaded container being moved under bond, your container can be moved off the wharf and taken to a MAF-approved transitional facility. It must be held unopened until the contents list and hard copy Quarantine Declaration, if available, are presented to MAF and a direction given regarding the container. The message replaces the BACC to remove the container from the wharf, but MAF must evaluate the internal contents and status of the container before the container is opened. This message does not constitute final clearance of the container.

If you have received this message in response to a shipping ECI report for an empty container, your container can be moved off the wharf and taken to a MAF-approved transitional facility, where it must be checked by an Accredited Person and/or subject to an equivalent system. This message replaces the BACC to remove a low-risk container from the wharf. It does not constitute final MAF clearance of the container.