The National Pest Plant Accord

Note: This page will be updated with the results of the 2011-2012 NPPA Review shortly.

October 2006

(new species added in 2007 and 2008,definitions amended in 2008)

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1. DEFINITIONS

1.1 The terms in this document have the same meaning as in the Biosecurity Act 1993 unless an express definition is provided or the context indicates otherwise, and:

'Accord' means this document (the National Pest Plant Accord).

'Accord list' means the list of plants that are unwanted organisms for the time being contained in the First Schedule to the Accord. The Accord list is a subset of the wider unwanted organisms register.

'Biosecurity department' means a department of state recognised by the responsible Minister as having responsibilities for natural and physical resources or human health for the purposes of the Biosecurity Act 1993.

'Compliance' means the act of ensuring legislation is followed up to the stage of enforcement including: encouraging voluntary compliance, education, inspections, management of non-compliance.

'Council' means a regional council as defined in the Biosecurity Act 1993.

Pest plant' means a plant species that is a risk to natural and/or physical resources or human health.

'Species' is considered to include all sub-species, cultivars, varieties and forms of that species (including genetically modified variants), unless specifically excluded. However, a species is considered to exclude any hybrids of that species with another species, unless stated otherwise.

'The Act' means the Biosecurity Act 1993.

'Unwanted organisms register' means the list of all unwanted organisms, including those not contained in the Accord list, as maintained by Biosecurity New Zealand.

2. PARTIES

2.1 The parties to the Accord are the Nursery and Garden Industry Association and those councils and biosecurity departments that have ratified the Accord.

2.2 Clause 8.1 of the Accord will apply to any councils or biosecurity departments seeking to become a party after 1 November 2006.

3. SCOPE

3.1 This Accord has been developed to complement both existing and future pest management initiatives. The focus of the Accord is to prevent sale, distribution, or propagation of specified pest plants. It is not intended as a wider strategy for pest management.

3.2 The Accord list in no way reflects a difference in legal status between the Accord list and other organisms on the unwanted organisms register, of which it is only a subset. Offences or prohibitions that arise in respect of unwanted organisms apply equally to all unwanted organisms, regardless of whether they are included in the Accord list or not.

3.3 Nothing in the Accord will serve to limit the exercise of any powers of discretion conferred upon a chief technical officer under the Act or detract from a council or biosecurity department's authority to otherwise manage listed or non-listed plants under the Act or by any other lawful means.

4. PURPOSE

4.1 The purpose of the Accord is to prevent the sale, distribution, or propagation, within New Zealand, of specified pest plants. The Accord is intended as a way of building upon the initiative previously provided by the National Surveillance Pest Plant List, under which councils provided surveillance for a list of plants based on a mutual agreement to include them as pests in their respective regional pest management strategies.

4.2 The focus of the Accord is the Accord list, a list of pest plants that have been determined as unwanted organisms under the Act. This ensures that sections 52 and 53 of the Act1 apply to the plants nationwide, meaning that the plants on the Accord list are not required to be included in a council's regional pest management strategy to enable enforcement of sections 52 and 53. If councils wish to include any plant on the Accord list in their regional pest management strategies, the criteria in sections 72 and 77 of the Act must be met.

4.3 The Accord clarifies the roles and obligations agreed to by the parties in relation to the plants included in the Accord list.

4.4 The Accord establishes governance arrangements to ensure its effective implementation over time (see section 7, Appendix I). These arrangements consist of a Steering Group whose main responsibilities are oversight and decision-making for the Accord, and a Technical Advisory Group which provides advice to the Steering Group.

4.5 The Accord is intended to carry the same effect as a memorandum of understanding, and is not a binding contract.

5. COSTS

5.1 The Accord has been developed around the principle of partnership where the parties derive joint benefits. Accordingly, unless otherwise indicated or with the consent of all parties, any costs associated with the operation of the Accord lie where they fall.

  • Communications costs equally split three ways between Department of Conservation, councils, and Biosecurity New Zealand.
  • Risk Analysis costs equally split two ways between Department of Conservation and Biosecurity New Zealand, providing both parties agree that the risk analysis is appropriate and relevant. Where advice is sought within Department of Conservation or Biosecurity New Zealand, these costs lie where they fall.

6. ROLES

6.1 The following outlines the key roles to be fulfilled by the respective parties to the Accord.

Councils

6.2 Councils will undertake a surveillance programme and carry out compliance activities within their regions to prevent the sale, distribution and propagation of plants contained in the Accord list. Particular activities will include:

  • Routine surveillance and inspection of plant nurseries and other outlets where listed plants may be found (e.g., pet stores selling aquatic plants). It is recommended that councils will perform inspections at least once a year, and in the even of non-compliance will reinspect within a month and then at least biannually for the following year.
  • Providing advice and information to members of the public and/or commercial interests in relation to the Accord and associated surveillance and inspection activities.
  • Undertaking compliance activities to achieve the purpose of the Accord, including actively enforcing sections 52 and 53 of the Act in relation to the plants contained in the Accord list.
  • Providing sufficient Authorised Persons to carry out the surveillance and inspection programmes. Councils will, as necessary, submit recommendations for the appointment of Authorised Persons for the purposes of the Accord to Biosecurity New Zealand. Such applications must confirm that the applicant meets the criteria specified in the relevant competency standard and be signed by that council's Biosecurity Manager, or other Manager responsible for biosecurity functions.
  • Keeping accurate records of inspections in the Compliance Reporting Database (when completed, and in the Compliance Reporting Spreadsheet until such time) so the effectiveness of the Accord can be measured.
  • Appointing regional council representative/s to the NPPA Steering Group and actively participating via their representative/s as a member of the NPPA Steering Group and as a party to the Accord when specifically consulted or asked to contribute to other Accord processes, including:
  • Contributing to the development of identification and information packages in support of the Accord.
  • Considering the Technical Advisory Group's recommendations that particular pest plants be included in the Accord list. The process for amending the Accord list is outlined in Appendix II.

Biosecurity Departments

6.3 Biosecurity departments may elect to undertake a surveillance role where necessary to ensure an adequate level of national coverage. Particular functions to be undertaken by biosecurity departments include:

  • a. Providing advice to councils in relation to their surveillance and inspection activities
  • b. Providing, at their discretion, surveillance, advisory and information services to support councils.
  • c. Actively participating via their representative as a member of the NPPA Steering Group and as a party to the Accord when specifically consulted or asked to contribute to other Accord processes, including:
  • Considering the Technical Advisory Group's recommendations that particular pest plants be included in the Accord list. The process for amending the Accord list is outlined in Appendix II.
  • Contributing to the development of identification and information packages in support of the Accord.

6.4 In addition to the roles it undertakes by virtue of being part of a biosecurity department, Biosecurity New Zealand will:

  • Provide leadership and coordination for the Accord.
  • Provide administrative and advisory support in establishing and operating the Steering Group and the Technical Advisory Group (including periodically providing a list of plants recently determined as unwanted organisms), including:
    • assisting with arranging and coordinating wider consultation; and
    • appointing Technical Advisory Group members in a transparent manner and in consultation with Accord parties.
  • Maintain the Accord list (in conjunction with the wider unwanted organisms register) and distribute amendments to all parties to the Accord and organisations and individuals in the consultative list.
  • Coordinate the development of identification and information packages in support of the Accord. This will involve the creation of a plant identification booklet relating to the Accord list, and information on the use of relevant provisions of the Act.
  • Manage the Compliance Reporting Database (when completed, and managing information in the Compliance Reporting Spreadsheet until such time) and provide regular feedback to Accord parties.

6.5 The Biosecurity New Zealand and Department of Conservation chief technical officers agreed that there should be one chief technical officer exercising powers for the purposes of implementing the Accord and that is to be the Biosecurity New Zealand chief technical officer. Particular functions of the chief technical officer include:

  • Considering determination of certain plants as unwanted organisms, granting exemption permissions and revoking unwanted organism determinations.
  • Implementing a system to coordinate any necessary appointments of Authorised Persons for the purposes of the Accord.
  • Appointing Authorised Persons under the Act, as necessary, for the purposes of the Accord (refer clause 6.2(d)). Appointments are made at the chief technical officer's discretion.

Nursery and Garden Industry Association

6.6 The Nursery and Garden Industry Association (NGIA) is the representative body for the New Zealand horticultural industry. Although not all growers in the industry are part of the Association, it does represent the majority of the industry. Particular functions to be undertaken by the NGIA include:

  • Providing advice and disseminating information to its members and facilitating the uptake of the Accord within the nursery and garden industry.
  • Preparing and circulating industry standards or industry guidelines to:
    • assist organisations to meet the conditions set out in any exemptions issued under sections 52 and/or 53 of the Act; and
    • assist plant breeders to produce lower risk plants for sale (jointly with Biosecurity New Zealand).
  • Promoting the breeding of lower risk plants through the above standards, and reporting annually on overall risk reduction as a result of plant breeding activities.
  • Actively participating as a member of the NPPA Steering Group, and as a party to the Accord when specifically consulted or asked to contribute to other Accord processes, including:
  • Contributing to the development of identification and information packages in support of the Accord.
  • Considering the Technical Advisory Group's recommendations that particular pest plants be included in the Accord list. The process for amending the Accord list is outlined in Appendix II.
  • Providing advice on implementation issues and regulatory impacts of the Accord on its members.

7. GOVERNANCE ARRANGEMENTS

Governance arrangements for the Accord are illustrated in Appendix I.

Steering Group

7.1 Biosecurity New Zealand has established a Steering Group for the Accord. The role of the Steering Group is defined in its terms of reference2, however in essence, the Steering Group is responsible for supporting and ensuring the effective implementation of the Accord.

7.2 Parties to the Accord will be responsible for appointing their representative/s on the Steering Group. In the case of councils, one to two members will represent all councils who are party to the Accord.

Technical Advisory Group

7.3 Biosecurity New Zealand has established a Technical Advisory Group for the Accord. The role of the Technical Advisory Group is defined in its terms of reference3, however in essence, the group will be responsible for making recommendations to the Steering Group on amending and updating the Accord list and responding to specific requests made of it by the Steering Group.

7.4 Ongoing membership of the Technical Advisory Group will be determined by Biosecurity New Zealand in a transparent manner and in consultation with the Accord parties.

Consultative List

7.5 Biosecurity New Zealand has established and will maintain a consultative list. Membership to the consultative list is open and any individual or organisation with an interest in the Accord can be added to it. Members will be updated on progress relating to the Accord and be invited to comment on proposals or issues when requested by the Steering Group.

8 REVIEW AND AMENDMENT OF THE ACCORD

8.1 A council or biosecurity department that is not a party to the Accord at its inception (refer clauses 2.1 and 2.2), may, at any time during the life of the Accord, seek to become a party by sending a request to Biosecurity New Zealand in writing.

8.2 Acceptance of new parties is subject to such conditions (if any) as agreed by the Steering Group at the time that the new party indicates its intention to ratify the Accord.

8.3 A review of this Accord will be coordinated by Biosecurity New Zealand before 31 March 2011.

8.4 If, on the basis of such a review conducted in good faith, Biosecurity New Zealand considers that the Accord is unsustainable in light of its objectives, Biosecurity New Zealand may terminate the Accord at its discretion. In exercising this discretion, Biosecurity New Zealand must consult with all parties to the Accord.

8.5 Subject to the exceptions in clauses 8.1, 8.2 and 11.1(a), the content of this Accord may be amended only with the written consent of all parties.

9 REVIEW OF THE ACCORD LIST

9.1 The current Accord list is contained in the First Schedule. The list will be updated from time to time according to the process for amending the Accord list, summarised4 below and outlined in Appendix II.

9.2 Proposals: Proposals for plants to be added to or removed from the Accord list can be submitted to Biosecurity New Zealand through the NPPA coordinator (nppa@maf.govt.nz) at any time. The proposals will be considered at each meeting of the Steering Group, which will decide when a formal review of the Accord list is to be initiated.

9.3 Risk assessment and regulatory impacts: The Technical Advisory Group (TAG) will complete a risk assessment for each proposed species, based on specified technical evaluation criteria5, and recommend whether the species should be included in the Accord list or not. Regulatory impact statements will be prepared to estimate the effect on industry of the inclusion or exclusion of a species, and any other compliance costs.

9.4 Public consultation: Members of the public and stakeholders have the opportunity to view and comment on the TAG's assessments and advice, and provide any additional information on potential impacts.

9.5 Final TAG recommendation: The TAG will consider a summary of the submissions received and comment on any technical matters raised in the submissions. The TAG will then make a final recommendation to the Steering Group on whether it believes the species should be included in the Accord list or not based on technical criteria only.

9.6 Steering Group decision: The Steering Group will then consider the full assessment (TAG recommendations, regulatory impact statements and content of submissions) and decide on any changes to the Accord list6 (see Appendix III). If the Steering Group decides there is not enough information on which to base a decision, it can delay the decision until more information is available.

9.7 To be included on the Accord list the pest plant must be declared an 'unwanted organism' under the Biosecurity Act 1993. Any species to be added that is not currently declared as an 'unwanted organism' will be submitted to the chief technical officer who must decide whether to declare it as an unwanted organism (see Appendix IV).

10 MEDIA

10.1 Parties to the Accord will consult with Biosecurity New Zealand before releasing any information to the media that relates to or potentially impacts on the Accord, and central and regional government agencies will refer any Accord specific media enquiries through to Biosecurity New Zealand.

11 COMMENCEMENT AND TERMINATION

11.1 This Accord replaces the 2001 Accord, will take effect from 17 October 2006 and will continue until 1 September 2011 unless:

  • Sufficient parties to maintain the Accord agree in writing to extend the term of the Accord for any specified period; or
  • All parties agree in writing that the Accord should be terminated, such termination being effective from the time that written notification of all respective parties' intent to terminate is received by Biosecurity New Zealand.

11.2 Any extension of the life of the Accord under clause 11.1(a) will only apply in respect of those parties that agree to the extension.

FIRST SCHEDULE

The Accord List

Scientific NameCommon Name/s
Acmena smithii Monkey apple
Ailanthus altissima Tree of heaven
Akebia quinata (added in 2007) Akebia, chocolate vine, five-leaved akebia
Alternanthera philoxeroides Alligator weed, Pigweed
Anredera cordifolia Madeira vine, Mignonette vine
Araujia sericifera Mothplant, Cruel plant, White bladder flower
Aristea ecklonii (added in 2007) Aristea, Wild iris, Blue iris
Arundo donax Giant reed, Arundo grass
Asparagus asparagoides Smilax, Bridal creeper
Asparagus densiflorus (excluding cultivar "Myersii) Bushy asparagus, Fern asparagus, Emerald feather, Sprengeri fern, Sprenger's asparagus, Foxtail fern, Possum tail.
Asparagus scandens Climbing asparagus
Berberis darwinii Darwin's barberry
Bomarea caldasii (added in 2008) Bomarea, Climbing alstromeria
Bomarea multiflora (added in 2008) Bomarea, Climbing alstromeria
Bryonia cretica White bryony
Calluna vulgaris (excluding double flowered cultivars) Heather, Ling
Cardiospermum grandiflorum Balloon vine
Cardiospermum halicacabum Small balloon vine
Carpobrotus edulis and hybrids Iceplant
Celastrus orbiculatus Climbing spindle berry, Oriental bittersweet
Ceratophyllum demersum Hornwort, Coontail
Cestrum parqui Green cestrum
Chrysanthemoides monilifera Boneseed
Clematis flammula (added in 2008) Clematis, Fragrant virgin's bower, Plume clematis
Clematis vitalba Old man's beard
Cobaea scandens Cathedral bells
Cortaderia jubata Purple pampas
Cortaderia selloana Pampas
Cotoneaster simonsii Khasia berry
Cotyledon orbiculata (added in 2008) Pig's ear
Crassula multicava Fairy crassula
Cyathea cooperii (added in 2008) Australian tree fern, Lacy tree fern
Dipogon lignosus Mile-a-minute
Drosera capensis Cape sundew
Eccremocarpus scaber Chilean glory creeper, Chilean glory vine, Glory vine, Chilean glory flower
Egeria densa Egeria, Oxygen weed, Brazilian elodea
Ehrharta villosa Pyp grass
Eichhornia crassipes Water hyacinth
Eomecon chionantha Snow poppy, Poppy of the dawn, Chinese bloodroot
Equisetum (all species) Horsetail
Eragrostis curvula African love grass
Erigeron karvinskianus Mexican daisy
Euonymus japonicus (does not include small-leaved cultivars such as Microphylla and Emerald Gem Japanese spindle tree
Ficus rubiginosa Port Jackson fig
Fuchsia boliviana Bolivian fuchsia
Galeobdolon luteum Artillery plant , Aluminium plant
Gunnera tinctoria Chilean rhubarb
Gymnocoronis spilanthoides Senegal tea, Temple plant, Costata
Hedychium flavescens Yellow ginger
Hedychium gardnerianum Kahili ginger
Heracleum mantegazzianum Giant hogweed, Cartwheel flower, Wild parsnip, Wild rhubarb
Hieracium (all species) Hawkweed
Homalanthus populifolius Queensland poplar, Bleeding heart tree, Poplar leaved omalanthus
Homeria collina Cape tulip
Houttuynia cordata Chameleon plant
Hydrilla verticillata Hydrilla
Hydrocleys nymphoides Water poppy
Hypericum androsaemum Tutsan, Sweet amber
Ipomoea indica Blue morning glory
Iris pseudacorus Yellow flag iris
Jasminum humile Italian jasmine
Lagarosiphon major Lagarosiphon, Oxygen weed
Lantana camara (all varieties) Lantana
Ligustrum lucidum Tree privet
Lilium formosanum (added in 2007) Formosa lily, Trumpet lily, St Joseph's lily, Taiwan lily
Lonicera japonica Japanese honeysuckle
Ludwigia peploides subsp. Montevidensis Primrose willow, Floating primrose willow, Water primrose
Lythrum salicaria Purple loosestrife
Macfadyena unguis-cati Cat's claw creeper, Cat's claw vine, Cat's claw ivy, Yellow trumpet vine
Menyanthes trifoliata Bogbean
Myoporum insulare (and hybrids) Tasmanian ngaio
Myrica faya Fire tree, Candle-berry myrtle
Myricaria germanica False tamarisk
Myriophyllum aquaticum Parrot's feather, Thread of life, Brazilian watermilfoil
Nassella (all species) Nassella
Nephrolepis cordifolia Tuber ladder fern
Nuphar lutea Yellow water lily, Spatterdock, Cow lily, Brandybottle
Nymphaea mexicana Mexican water lily, Banana water lily
Nymphoides geminata Marshwort, Entire marshwort
Nymphoides peltata Fringed water lily
Ochna serrulata Mickey Mouse plant
Osmunda regalis Royal fern
Panicum maximum Guinea grass, Green panic, Buffalo grass
Passiflora caerulea Blue passion flower
Passiflora tarminiana Northern banana passionfruit
Passiflora tripartita ( all subspecies) Banana passionfruit
Pennisetum (all species but excluding P. clandestinum and P. glaucum) Pennisetum (excluding kikuyu grass and pearl millet)
Phragmites australis Phragmites
Pinus contorta Lodgepole pine, Contorta pine
Pistia stratiotes Water lettuce
Pittosporum undulatum Sweet pittosporum, Victorian box, Australian cheesewood, New Zealand daphne
Plectranthus ciliatus Plectranthus, Blue spur flower
Polygala myrtifolia (excluding Grandiflora cultivar) Sweet pea shrub, Sweet pea bush, Myrtle leaf milkwort
Potamogeton perfoliatus Clasped pondweed
Prunus serotina (added in 2008) Rum cherry, Wild black cherry, Mountain black cherry, Black cherry
Pyracantha angustifolia Firethorn, Orange firethorn, Yellow firethorn
Reynoutria japonica (and hybrids) Asiatic knotweed, Japanese knotweed, Mexican bamboo
Reynoutria japonica x sachalinensis  
Reynoutria sachalinensis (and hybrids) Giant knotweed
Rhamnus alaternus Rhamnus, Evergreen buckthorn
Rhododendron ponticum (added in 2008) Wild rhododendron, Pontic rhododendron, Pontian rhododendron
Sagittaria montevidensis Arrowhead, Sagittaria, Californian arrowhead
Sagittaria platyphylla Sagittaria, Delta arrowhead
Sagittaria sagittifolia Arrowhead, Hawaiian arrowhead
Salix cinerea Grey willow, Pussy willow, Grey sallow
Salix fragilis Crack willow
Salvinia molesta Salvinia, Kariba weed
Schinus terebinthifolius Christmas berry, Brazilian pepper tree
Schoenoplectus californicus Californian bulrush
Selaginella kraussiana African club moss, Selaginella
Solanum marginatum White edged nightshade
Solanum mauritianum Woolly nightshade, Tobacco weed, Wild tobacco tree
Tradescantia fluminensis Wandering Jew
Tropaeolum speciosum Chilean flame creeper
Tussilago farfara Coltsfoot
Typha latifolia Great reedmace, Cumbungi, Common cattail
Utricularia arenaria  
Utricularia gibba Bladderwort, Humped bladderwort
Utricularia livida  
Utricularia sandersonii  
Vallisneria gigantea Eelgrass
Vallisneria spiralis Eelgrass
Zantedeschia "Green Goddess" Green goddess
Zizania latifolia Manchurian wild rice, Manchurian rice grass

APPENDIX I: GOVERNANCE ARRANGEMENTS FOR THE ACCORD

Appendix I

APPENDIX II: PROCESS FOR AMENDING THE ACCORD LIST

Appendix II

APPENDIX III: STEERING GROUP DECISION MAKING PROCESS

Appendix III

APPENDIX IV: UNWANTED ORGANISM PROCESS

Appendix IV

Notes for above diagram

1. National Pest Plant Accord Coordinator
Biosecurity New Zealand
PO Box 2526
Wellington
Email: nppa@maf.govt.nz

Further contact details are available on the Biosecurity New Zealand website: (offsite link to www.biosecurity.govt.nz)

2. A CTO must consider the following before declaring an organism 'Unwanted':

  • The Biosecurity Council Policy Statement on Unwanted Organisms for the Purposes of the Biosecurity Act 1993.
  • The department's policy on unwanted organisms.
  • Whether the organism causes harm throughout New Zealand
  • The effect of restrictions under sections 52 and 53 of the Biosecurity Act if the organism is determined to be unwanted. Restrictions on the sale, distribution, release, multiplication, propagation and breeding occur throughout New Zealand when the organism is determined unwanted. A CTO needs to consider whether these restrictions apply to the organism itself, or also to host organisms.
  • Will any permissions be required under sections 52 or 53 of the Biosecurity Act to allow activities that would otherwise be prohibited (e.g., research)?
  • Will determining the organism unwanted have an effect on other control programmes?
  • Is it necessary to declare the organism unwanted given other statutory control options available may be more appropriate (e.g. Wild Animal Control Act 1977, Hazardous Substances and New Organisms Act 1996)?
  • Are there any authorisations needed under other statutes to enable the organism to be controlled (e.g. Wildlife Act 1953)?
  • Day=working day
  • Timeframe is indicative
  • Time count does not stop when CTOs are being consulted

The NPPA coordinator will indicate the timeframe for providing comment and in which the request is to be considered.

1 These sections ban the communication, release, distribution, sale, propagation, multiplication and breeding of an unwanted organism.

2 National Pest Plant Accord Steering Group Terms of Reference - contact the NPPA coordinator for a copy.

3 National Pest Plant Accord Technical Advisory Group Terms of Reference - contact the NPPA coordinator for a copy.

4 A more detailed summary of the process to review the Accord list is on the Biosecurity New Zealand website (offsite link to www.biosecurity.govt.nz)

5 Champion, P (2005). Evaluation Criteria for Assessment of Candidate Species for Inclusion in the National Pest Plant Accord. NIWA Client Report (HAM2005-027) for Biosecurity New Zealand. This report is available on the Biosecurity New Zealand website.

6 McGuiness, C (2006). NPPA Steering Committee Decision-Making Criteria and Process. This decision-making criteria and process was agreed to at the Steering Group meeting on 31 March 2006. The criteria and process is available on the Biosecurity New Zealand website.

Page last updated: 25 June 2012