Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847261695.pdf (New Zealand)
Animal Products Act 1999 Public Act Date of assent 1999 No 93 8 September 1999 Contents Title Short Title and commencement Part 1 Preliminary provisions Object of Act General scheme of Act Interpretation Product processed ﬁt for intended purpose References to this Act include references to Animal Products (Ancillary and Transitional Provisions) Act 1999, etc Application of Act generally Products and material to which Act generally applies Products and material excluded from ambit of Act Exemptions from ambit of Act by Order in Council Application of Act includes exclusive economic zone Part 2 Risk management programmes Object of this Part What is a risk management programme?
Who must have a risk management programme?

Director­General may grant limited exemption from requirement to have risk management programme Certain persons may be required to have risk management programme by Order in Council Duties of operators of risk management programmes Contents of and requirements for risk management programmes 17A Multi­business risk management programmes Note This Act is administered in the Ministry of Agriculture and Forestry.
Page 9 9 9 10 12 24 25 25 26 26 27 28 28 29 31 31 33 33 36 1 Animal Products Act 1999 Reprinted as at 3 September 2007 Registration of risk management programmes Register of risk management programmes Matters to be shown in register of risk management programmes Applications for registration of programmes Director­General may require further information Registration of risk management programme Refusal to register programme Registration may not be transferred Signiﬁcant amendments to risk management programme Updates of minor amendments to risk management programmes Suspension of operations under registered programme Deregistration of risk management programme Removal of business operator from coverage of wider risk management programme Surrender of registration Risk management programme in conﬂict with regulations or speciﬁcations Relationship between Food Act regime and risk management programmes Object of sections 32 to 34 Secondary processors of animal products which are food may elect to operate under risk management programme Implications of failure to elect in case of animal product which is food whose export requires an ofﬁcial assurance Alternate or intermittent use of risk management programmes and food safety programmes Recognised agencies and risk management programme veriﬁers Director­General to recognise agencies and persons to perform veriﬁcation functions in respect of risk management programmes Director­General may require notiﬁcation by recognised agency of termination of contracts Part 3
 Regulated control schemes Object of this Part Nature of regulated control schemes Scope of regulated control schemes 28A 29 30 31 32 33 34 35 36 37 38 39 2 Reprinted as at 3 September 2007 Animal Products Act 1999 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Director­General may set speciﬁcations and other requirements for purposes of regulated control schemes Emergency control schemes Part 4
 Animal product standards and speciﬁcations Object of this Part Application of standards and speciﬁcations Regulations may prescribe animal product standards Director­General may issue speciﬁcations supplementary to animal product standards Emergency animal product standards and speciﬁcations Part 5 Export of animal material and products Object of this Part Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered Registration of exporters of non­edible, etc, material or products may be required by Order in Council Director­General may exempt certain consignments Duties of exporters Registration of exporters Director­General to maintain register of exporters Matters to be shown in register of exporters Applications for registration Registration as exporter Refusal to register Annual registration fee payable Deregistration of exporters Refusal to register or decision to deregister may be reviewed in certain cases Market access requirements and ofﬁcial assurances to foreign governments 59A Director­General to notify general requirements for animal product or material for export [Repealed] Export requirements and ofﬁcial assurances 60 Export requirements 59 60 62 62 62 64 65 66 67 68 69 69 70 71 71 73 73 73 73 75 75 75 3 Animal Products Act 1999 Reprinted as at 3 September 2007 60A 60B 61 61A 62 63 64 65 Director­General to notify or make available export requirements Exemption from requirements of food standards where appropriate Director­General may issue ofﬁcial assurances No Crown liability Form and content of ofﬁcial assurance Obtaining of ofﬁcial assurance Ofﬁcial assurance may be withdrawn, and reissued Persons who may be authorised to issue ofﬁcial assurances Part 5A Game estates Object of this Part 65A 65B What is a game estate?
65C Use and disposal of animal material and product from game estate animals Game estates that must be listed Director­General to maintain list of game estates 65D 65E 65F Matters to be shown in list of game estates 65G 65H 65I 65J 65K 65L Applications for listing Listing as game estate Refusal to list Delisting Review of decision to refuse to list, or to delist Listing fee payable Part 6 Homekill and recreational catch Object of this Part Homekill allowed Processing of recreational catch Homekill and recreational catch service providers Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place Requirements for dual operator butchers Product processed by homekill or recreational catch service provider ceases to be regulated animal product Reprinted as at 3 September 2007 Animal Products Act 1999 Listing of homekill and recreational catch service providers 73 74 75 76 77 Director­General to maintain list of homekill and recreational catch service providers Matters to be shown in list of homekill and recreational catch service providers Applications for listing Listing as homekill or recreational catch service provider Annual listing fee payable Part 7 Ofﬁcers, powers, etc Appointment of ofﬁcers 78 79 Appointment of animal product ofﬁcers Appointment of ofﬁcial assessors Powers of Director­General Director­General may issue notices
 Director­General may give directions Director­General may require declarations as to supply or movement of animals, animal material, or animal products Director­General may impose movement and related controls Power to direct disposal, etc, of animal material or product in certain circumstances Director­General may give statements as to New Zealand animal product standard Privileged statements by Director­General Recall of animal material and animal product Delegation by Director­General Powers of animal product
 ofﬁcers Power of entry Power to examine, etc Power to interrupt operations, etc Power to condemn and require disposal of animal products that are diseased, contaminated, etc Power to require presentation of live animals Powers under search warrant 80 81 81A 81B 82 83 84 85 86 87 88 89 90 91 92 Powers of ofﬁcial assessors 93 Powers of ofﬁcial assessors 92 93 93 93 94 94 95 95 96 96 98 100 102 103 103 104 104 106 107 108 110 110 110 5 Animal Products Act 1999 Reprinted as at 3 September 2007 Search warrants 94 95 96 97 Issue of search warrant Powers of police and animal product ofﬁcers under warrant Requirements when executing warrant Disposal of property seized under search warrant 111 112 113 113 98 Protection of persons acting under authority of Act, etc 114 General provisions Part 8 Recognised agencies and persons 101 99 100 Object of this Part Director­General may recognise agencies that may be responsible for veriﬁcation and other specialist functions Director­General may recognise persons to carry out veriﬁcation or other specialist functions Applications for recognition 102 Grant of recognition 103 Refusal to grant recognition 104 Conditions of recognition 105 Duties of recognised agencies 106 Duties of recognised persons 107 108 Recognition fees 108A Suspension of recognition 109 Withdrawal of recognition 110 111 112 Surrender of recognition Substituted notice of recognition Director­General to keep list of recognised agencies and persons Part 9 Cost recovery
 Principles of cost recovery Methods of cost recovery Cost recovery to relate generally to a ﬁnancial year Three­yearly review of cost recovery Fees and charges to be prescribed by regulations Regulations may impose levies Trust accounts required to be kept by persons collecting levies Other charges not requiring to be prescribed Exemptions, waivers, and refunds Reprinted as
128 130 130 131 132 133 134 134 135 Reprinted as at 3 September 2007 Animal Products Act Fees, levies, and charges to constitute debt due to Director­General Penalties for failure to pay fee, levy, or charge Obligation to pay fee, levy, or charge not suspended by dispute Levy regulations to be conﬁrmed Part 10 Offences, penalties, and proceedings Offences involving endangerment of human or animal health Offences involving deception Sale of non­complying animal material or product Presenting non­complying animal material for processing Offence to export unless registered Offences in relation to homekill and recreational catch Breach of compliance order Obstruction of ofﬁcers, etc Offence of breach of duty Failure to comply with Act, etc Defence for persons charged with breach of duty or failure to comply Presumptions as to dual operator butchers Presumption as to possession for sale, etc Proof of compliance with Act Evidence in proceedings Presumption as to authority Liability of body corporate Liability of directors and managers of companies Liability of companies and persons for actions of agent or employee Offences generally punishable on summary conviction Compliance orders Compliance orders Application for compliance order Notiﬁcation of application Right to be heard Decision on application Interim compliance orders Change or cancellation of compliance order Compliance
 with compliance order Appeals to High Court Animal Products Act 1999 Reprinted as at 3 September 2007 155 156 157 Appeals to Court of Appeal or Supreme Court Effect of appeal Rules of court Part 11 Miscellaneous provisions Identiﬁcation and related systems 158 Identiﬁcation systems and devices 159 160 161 162 163 Recordkeeping requirements and use of information Records and
 returns Records to be available for inspection, etc Disclosure of information for purpose of ensuring product safety, etc Right of review Right of review of certain decisions made under delegated authority Consultation, notiﬁcation, etc Consultation requirements for making of certain Orders in Council, speciﬁcations, etc Notiﬁcation of certain matters Service of individual notices, etc 164 165 165A Directions, etc, to non­Ministry persons with functions under Act Regulations, notices, etc Regulations Notices Incorporation of material by reference into regulations, notices, and orders Repeals, amendments, and transitional provisions Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999 Schedule 166 167 168 169 8 158 159 159 160 161 162 163 165 167 168 169 170 171 173 176 178 179 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 2 An Act to replace the Meat Act 1981 and the Dairy Industry Act 1952, and to reform and restate the law relating to the processing of animal material into products for use, trade, and export The title of this Act was amended, as from 1 June 2005, by section 3 Animal Products Amendment Act 2005 (2005 No 26) by inserting the words “and the Dairy Industry Act 1952” after the words “Meat Act 1981”.
BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) (3) (4) (5) 2 Short Title and commencement This Act may be cited as the Animal Products Act 1999.

This Act comes into force on 1 November 1999, except for Part 2.
Part 2 comes into force on such date or dates as may be appointed by Order in Council, and for this purpose— (a) Different dates may be appointed for different provi­ sions; and (b) Different dates may be appointed for different classes of animal material or products, animal product businesses, operations, or other purposes.

To the extent not previously brought into force under subsection (3), Part 2 comes into force on 1 November 2002.
The application of any provision brought into force by or under this section may, until 1 July 2006, be subject to the Animal Products (Ancillary and Transitional Provisions) Act 1999.

Subsection (5) was amended, as from 26 September 2002, by section 3 Animal Products Amendment Act 2002 (2002 No 29) by substituting the expression “1 July 2006” for the expression “1 November 2002”.
Part 1 Preliminary provisions Object of Act The object of this Act is to— (a) Minimise and manage risks to human or animal health arising from the production and processing of animal material and products by instituting measures that en­ sure so far as is practicable that all traded animal prod­ ucts are ﬁt for their intended purpose; and 9 Part 1 s 3 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Facilitate the entry of animal material and products into overseas markets by providing the controls and mech­ anisms needed to give and to safeguard ofﬁcial assur­ ances for entry into those markets.
General scheme of Act In general terms, this Act seeks to achieve its objects by the following means: (a) Individual risk management programmes: Part 2 generally requires all primary processors of ani­ mal material and products, and certain secondary pro­ cessors of animal products for human or animal con­ sumption, to operate under registered and independ­ ently veriﬁed risk management programmes suitable to their own particular animal material, products, and op­ erations, unless and to the extent that such a programme is deemed unnecessary by reason of— (i) The negligible degree of risk associated with the relevant animal material, product, operations, or intended product use; or The fact that the animal material or product and operations concerned are covered by another le­ gislative regime.
(ii) Provision is also made for other persons involved with animal material or products to operate under risk man­ agement programmes where the risk factors involved, or the requirements of overseas markets, justify such a requirement: Regulated control schemes: Part 3 makes provision for the imposition of regulated control schemes in the case of animal material or prod­ ucts or matters for which individually tailored risk man­ agement programmes are impracticable or inappropri­ ate.
These schemes may be an alternative or a supple­ ment to individual risk management programmes: Animal product standards: Part 4 provides for the setting of animal product stan­ dards that set criteria that must be met for particular animal products to be treated as ﬁt for their intended (b) (c) 3 (1) 10 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 3 purpose (whether or not those products are also pro­ duced under an individual risk management programme or a regulated control scheme), and for the setting of any technical speciﬁcations required to meet those stan­ dards: Exports of animal material and products: Part 5 makes special provision in relation to the ex­ port of animal material and products from New Zealand, by— (i) Requiring the registration of all exporters of ani­ mal material and products intended for human or animal consumption, and certain other animal products (subject to exemptions); and (ii) where appropriate in the light of the requirements of foreign governments, specifying requirements to domestic New which may be additional Zealand requirements for certain products; and (iii) where appropriate, providing for the giving of of­ ﬁcial assurances to overseas authorities in rela­ tion to animal material or products exported from New Zealand.
(d) (e) Homekill and recreational catch: Part 6 makes special provision for the treatment of ani­ mals that are homekill or recreational catch, by— (i) Allowing for homekill or recreational catch to be processed either by the person whose homekill or recreational catch it is, or by a listed homekill or recreational catch service provider who operates outside the normal risk management and regula­ tory system contained in Parts 2 to 4; and Imposing restrictions to ensure that homekill and recreational catch products cannot be traded or exported, or mingled with animal material or products that are for trade or export.
The other provisions of this Act provide the mechanisms ne­ cessary to underpin the general scheme of the Act, and in par­ ticular include offence provisions imposing signiﬁcant penal­ ties for offences such as trading in animal products that have not been processed in compliance with the Act.
(ii) (2) 11 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) The Ministry, under the Minister, is the regulatory agency re­ sponsible for the administration of this Act, with the following main functions: (a) Establishing the New Zealand standards and speciﬁca­ tions relating to animal products that determine ﬁtness for intended purpose: Establishing and implementing regulated control schemes: Providing ofﬁcial assurances: Addressing non­compliance.
(c) (d) Monitoring and auditing the risk management system: (e) Subsection (1)(a) was amended, as from 26 September 2002, by section 4 Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the word “suitable” for the words “individually tailored”.

Subsection (1)(a)(ii) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “risk factors” for the word “risks”.
Subsection (1)(d)(ii) and (iii) was substituted, as from 1 June 2005, by section 4 Animal Products Amendment Act 2005 (2005 No 26).

Interpretation In this Act, unless the context otherwise requires,— accredited person has the same meaning as recognised per­ son accredited person: this deﬁnition was substituted, as from 1 June 2005, by sec­ tion 5(1) Animal Products Amendment Act 2005 (2005 No 26).
accredited risk management programme veriﬁer has the same meaning as recognised risk management programme veriﬁer Accredited risk management programme veriﬁer: this deﬁnition was inserted, as from 26 September 2002, pursuant to section 5(1) Animal Products Amend­ ment Act 2002 (2002 No 29).

accredited risk management programme veriﬁer: this deﬁnition was substituted, as from 1 June 2005, by section 5(1) Animal Products Amendment Act 2005 (2005 No 26).
Accredited veriﬁer[Repealed] Accredited veriﬁer: this deﬁnition was substituted by the deﬁnition of “Ac­ credited risk management programme veriﬁer”, as from 26 September 2002, pursuant to section 5(1) Animal Products Amendment Act 2002 (2002 No 29).
[Repealed] (3) 4 (1) 12 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 4 Animal means any member of the animal kingdom, and in­ cludes— (a) Any mammal, bird, ﬁnﬁsh, shellﬁsh, reptile, amphib­ ian, insect, or invertebrate: Produces or processes animal material or product; or Exports animal material or product: (b) Any other creature or entity that is declared by the Min­ ister by notice in the Gazette to be an animal for the purposes of this Act;— but does not include a human being Animal material means any live or dead animal, or any tissue or other material taken or derived from an animal Animal product, or product, means any animal material that has been processed (other than simply transported or stored in such a way as not to involve any alteration to its nature) for the purpose, or ultimate purpose, of consumption or other use by humans or animals Animal product business means a business undertaking that, for reward or for the purposes of trade,— (a) (b) Animal product ofﬁcer, or ofﬁcer, means a person appointed as an animal product ofﬁcer under section 78, and includes the Director­General Animal product standard, or standard, means a standard prescribed under section 44 or section 46 that speciﬁes the cri­ teria that must be met to determine ﬁtness for intended purpose of any class or description of animal product client hunter means a person who pays the operator of a game estate for the right to hunt or catch animals on the estate as if they were in the wild Client hunter: this deﬁnition was inserted, as from 26 September 2002, by sec­ tion 5(2) Animal Products Amendment Act 2002 (2002 No 29).
Contaminant means any substance or thing which— (a) Is undesirable, potentially harmful, or unexpected in a particular product or process; and Is or may be present in, or in contact with, animal ma­ terial or animal product;— (b) and contaminated has a corresponding meaning 13 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 dairy material— (a) means animal material that is— (i) (ii) milk extracted from a milking animal; and any material derived or processed from milk ex­ tracted from a milking animal, up until delivery of the material at the place of sale for consump­ tion or for end use for purposes other than con­ sumption, or its export; and (b) includes dairy product that, having been purchased or imported, is further processed dairy material: this deﬁnition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy processing means all processing activities in relation to dairy material; and includes— (a) the extraction of milk from milking animals for the pur­ poses of export or sale: transport of dairy material from a farm dairy to a place where processing or manufacturing involving the dairy material occurs: processing of dairy material, including heat treatment, cooling, separation, concentration, ﬁltering, blending, and extraction of milk components: the addition of other material (including food, ingredi­ ents, additives, or processing aids as deﬁned in the Food Standards Code) or other dairy material to dairy mater­ ial: the manufacture of products, including milk, butter, cream, milk­fat products, cheese, processed cheese, whey cheese, dried milks, milk­based infant formula, evaporated milks, condensed milks, whey, whey pow­ der, whey products, casein, milk protein products, ice­cream, low dairy fat ice­cream­like products, yo­ ghurt, other fermented milks, dairy desserts, lactose, and colostrum products: the packaging of dairy material: the storage, transportation, and handling of dairy mater­ ial prior to— (b) (c) (d) (e) (f) (g) 14 Reprinted as at 3 September 2007 (i) (h) Animal Products Act 1999 Part 1 s 4 delivery of the material at the place of sale for consumption or for end use for purposes other than consumption; or its export: (ii) further processing of dairy material that was previously dairy product with or without the addition of other material (including food, ingredients, additives, or pro­ cessing aids as deﬁned in the Food Standards Code), including reprocessing, repacking, reconstitution with water, and recombination of dairy products with or without water to make any dairy products dairy processing: this deﬁnition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy processor means a person who, for reward (otherwise than as an employee) or for purposes of trade, carries out dairy processing; and— includes— (a) (i) (ii) a farm dairy operator: a transporter of dairy material from a farm dairy to a place of processing or manufacture: a transporter of dairy material from one place of processing or manufacture to another: an operator of any premises where dairy material is processed or manufactured or stored: a transporter of dairy material to the place of ex­ port or sale for consumption or end use for pur­ poses other than consumption: (iii) (iv) (v) (b) does not include persons (such as airline or shipping staff, stevedores, retailers, or wholesalers) handling the relevant product at the port of export or at the place of sale for consumption or use dairy processor: this deﬁnition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy product— (a) means animal product that, having originally been dairy material,— (i) has been delivered to the place of sale for con­ sumption, or for end use for purposes other than consumption; or 15 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) (ii) has left New Zealand’s territorial waters in the course of its export; and includes dairy produce within the meaning of the Dairy Industry Act 1952 (as in force before its repeal by sec­ tion 75 of the Animal Products (Ancillary and Transi­ tional Provisions) Act 1999) this deﬁnition was inserted, as from 1 June 2005, by section dairy product: 5(2) Animal Products Amendment Act 2005 (2005 No 26).
Director­General means the chief executive of the Ministry Dual operator butcher, or dual operator, means a retail butcher who— (a) Is listed under section 76 as a homekill or recreational catch service provider; and Processes homekill or recreational catch at the same premises or place as the retail butcher processes or trades in regulated animal product: (b) Eaten, or edible, includes eaten or edible by animals Exporter means a person who exports any animal material or product from New Zealand, whether or not for reward or for purposes of trade; and, where an exporter registered under Part 5 is based overseas, includes the New Zealand agent or representative of that exporter farm dairy means a place where milking animals are milked on a permanent or temporary basis; and— subject to paragraph (b), includes— (a) (i) any stockyard, milking yard, feedyard, silo pad, or other construction associated with or involved in the activity of extracting milk from milking animals; and any place where milk from the milking animals is ﬁrst collected, ﬁltered, deposited, cooled, stored, or treated for transport or for further processing; but (ii) (b) does not include any place where any further processing takes place, or transport to that place farm dairy: 5(3) Animal Products Amendment Act 2005 (2005 No 26).
this deﬁnition was inserted, as from 1 June 2005, by section 16 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 4 Part 1A of that Act and food safety programmes: The Food Hygiene Regulations 1974: farm dairy operator means the person in charge of operations at a farm dairy, including the extraction of milk from milking animals farm dairy operator: this deﬁnition was inserted, as from 1 June 2005, by section 5(3) Animal Products Amendment Act 2005 (2005 No 26).
Financial year means a period of 12 months beginning on 1 July and ending on 30 June Finﬁsh has the same meaning as in the Fisheries Act 1996 Fish means ﬁnﬁsh and shellﬁsh Fit for intended purpose, used in relation to any animal prod­ uct, is described in section 5 Food Act regime means the alternative regimes under the Food Act 1981 that consist of, or relate to,— (a) (b) Food safety programme means an appropriate food safety programme within the meaning of the Food Act 1981, being a programme whose adoption gives rise to an exemption from the Food Hygiene Regulations 1974 under Part 1A of that Act Food Standards Code means the code incorporated into New Zealand law by the New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002 and issued by the Minister under section 11C of the Food Act 1981 Food Standards Code: this deﬁnition was inserted, as from 1 June 2005, by section 5(4) Animal Products Amendment Act 2005 (2005 No 26).
game estate has the meaning given it by section 65B game estate: this deﬁnition was inserted, as from 26 September 2002, by section 5(2) Animal Products Amendment Act 2002 (2002 No 29).
Hazard means a biological, chemical, or physical agent that— Is in or has the potential to be in animal material or (a) product, or is or has the potential to be a condition of animal material or product; and Leads or could lead to an adverse health effect on hu­ mans or animals: (b) Homekill means an animal that— (a) Is killed (whether personally or by an agent) by its owner for the use or consumption of the owner, in terms of section 67; and 17 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Is processed either by its owner or by another person under section 69, and not in compliance with Parts 2 to 4;— and homekill product has a corresponding meaning Homekill or recreational catch service provider means a person listed as such under section 76 Human or animal consumption, used in relation to any ani­ mal product, means that the product is intended to be eaten, or taken orally, or administered parenterally, or applied topically In writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means Listed, in relation to a homekill or recreational catch service provider, means currently listed under section 76 Marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated milk means the mammary secretion of milking animals milk: this deﬁnition was inserted, as from 1 June 2005, by section 5(5) Animal Products Amendment Act 2005 (2005 No 26).
Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act Ministry means the Ministry of Agriculture and Forestry or such other Ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the ad­ ministration of this Act Ofﬁcial assessor means a person appointed as an ofﬁcial as­ sessor under section 79 Ofﬁcial assurance has the meaning given by section 61(2) Operator, in relation to an animal product business, means the owner or other person in control of the business Parenterally means administering a substance to a human or animal by a route other than orally or topically Place includes any building, conveyance, craft, ﬁshing vessel, or structure; and includes any land, water, or other area where animals or animal material are produced or may be present 18 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 4 Primary processor means a person who, for reward (other­ wise than as an employee) or for purposes of trade,— (a) (b) Slaughters and dresses mammals or birds; or dresses mammals or birds that are killed wild animals or are killed as if they were wild animals; or Removes or extracts or harvests any animal material from live animals for the purpose of processing for human or animal consumption; or is a dairy processor; or in the case of— (i) (c) (ca) (d) ﬁnﬁsh or shellﬁsh, or animal material derived from ﬁnﬁsh or shellﬁsh; or a mammal or bird, or animal material derived from a mammal or bird, if in the opinion of the Minister it is appropriate that the primary pro­ cessing of that mammal or bird or animal mater­ ial should extend beyond the matters referred to in paragraphs (a) and (b); or any other animal, or animal material derived from any other animal,— (ii) (iii) processes those animals or that animal material to the extent speciﬁed by the Minister by notice in the Gazette after appropriate consultation
 in accordance with sec­ tion 163 and after having regard to the following mat­ ters: (iv) industry practice in relation to the animal mater­ ial concerned: the degree of processing and number of process­ ing operations required in relation to the animal material: the risk factors involved in processing the animal material: (v) (vi) (vii) whether or not the processing of the animal ma­ terial is or may be appropriately addressed by any legislative regime other than this Act: (viii) Such other matters as the Minister considers rele­ vant in the particular circumstances;— but does not include hunters within the meaning of para­ graph (b) of the deﬁnition of primary producer: 19 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 Primary processor: paragraph (b) of this deﬁnition was substituted, as from 26 September 2002, by section 5(3) Animal Products Amendment Act 2002 (2002 No 29).
Primary processor: paragraph (ca) of this deﬁnition was inserted, as from 1 June 2005, by section 5(6) Animal Products Amendment Act 2005 (2005 No 26).

Primary processor: paragraph (d) (excluding the words following paragraph (d)(v)) of this deﬁnition was substituted, as from 26 September 2002, by section 5(4) Animal Products Amendment Act 2002 (2002 No 29).
Primary producer, or producer, means a farmer, and in­ cludes— (a) Any person who (otherwise than as an employee) farms, raises, grows, or keeps animals for reward or for the purposes of trade in those animals or in animal material or products derived or taken from those animals; and (b) Any person who hunts animals for reward or for pur­ poses of trade: Process includes kill, slaughter, dress, cut, extract, manufac­ ture, pack, preserve, transport, and store Processor means a primary processor or a secondary proces­ sor Produce— (a) Used in the context of primary production, means farm, raise, grow, or keep animals for reward or for the pur­ poses of trade in those animals or in animal material or products derived or taken from those animals: (b) Where used in reference to animal product produced under a risk management programme or a regulated control scheme, refers to animal product that results from the application of any process or processes covered by the programme or scheme: Recognised agency, in relation to any function or activity, means a person or body recognised under section 103 for the purpose of performing that function or activity recognised person, in relation to any veriﬁcation or other spe­ cialised function or activity, means a person recognised or ac­ credited under section 103 to perform that function or activity recognised person: this deﬁnition was inserted, as from 1 June 2005, by section 5(7) Animal Products Amendment Act 2005 (2005 No 26).
20 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 4 recognised risk management programme veriﬁer means a person currently recognised or accredited under section 103 as a risk management programme veriﬁer recognised risk management programme veriﬁer: this deﬁnition was inserted, as from 1 June 2005, by section 5(7) Animal Products Amendment Act 2005 (2005 No 26).
recognised risk management programme verifying agency means a person or body currently recognised under section 103 as a risk management programme verifying agency recognised risk management programme verifying agency: this deﬁnition re­ placed the deﬁnition of “Recognised verifying agency”, as from 26 September 2002, pursuant to section 5(5) Animal Products Amendment Act 2002 (2002 No 29).
Recognised verifying agency[Repealed] Recognised verifying agency: this deﬁnition was replaced by the deﬁnition of “recognised risk management programme verifying agency”, as from 26 Sep­ tember 2002, pursuant to section 5(5) Animal Products Amendment Act 2002 (2002 No 29).
[Repealed] Recreational catch means a wild animal that— (a) Is killed, captured, taken, or harvested by a recreational hunter or ﬁsher, or other person undertaking similar recreational activities (including a client hunter killing or catching an animal on a game estate, as if in the wild), for the use or consumption of the hunter, ﬁsher, or other person in terms of section 68; and Is processed either by its catcher or by another person under section 69, and not in compliance with Parts 2 to 4;— (b) and recreational catch product has a corresponding meaning Recreational catch: paragraph (a) of this deﬁnition was amended, as from 26 September 2002, by section 5(6) Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “(including a client hunter killing or catching an animal on a game estate, as if in the wild)” after the words “recreational activities”.
Registered exporter means an exporter currently registered under Part 5 Registered risk management programme means a risk man­ agement programme that is currently registered under Part 2 Regulated animal product means animal material or product for trade or export that is processed, or has been or is required 21 Part 1 s 4 Animal Products Act 1999 Reprinted as at 3 September 2007 to be processed, in accordance with Parts 2 to 4 (or with the Food Act 1981); and does not include any homekill or recre­ ational catch product, or any product processed by a homekill or recreational catch service provider that ceases to be regu­ lated animal product in terms of section 72 Regulated control scheme means a scheme of a kind de­ scribed in section 38, and includes an emergency control scheme instituted under section 41 Rendering means the breaking down of animal tissues into constituent fat and protein elements, whether by the applica­ tion of heat and pressure or otherwise Rendering: this deﬁnition was inserted, as from 26 September 2002, by section 5(7) Animal Products Amendment Act 2002 (2002 No 29).
Retail butcher includes any type of butchery engaged in retail trade in regulated animal products Risk factors means— (a) (b) (c) Risks from hazards to animal or human health: Risks from false or misleading labelling: Risks to the wholesomeness of animal material or prod­ uct Risk factors: this deﬁnition was amended, as from 26 September 2002, by sec­ tion 5(8) Animal Products Amendment Act 2002 (2002 No 29) by omitting the words “; and ‘risk’ has a corresponding meaning”.
Risk management programme has the meaning given by section 12, and, except in Part 2, is to be taken to refer to a registered risk management programme Secondary processor means a person who, for reward (other­ wise than as an employee) or for purposes of trade, processes animal product at any stage beyond its primary processing Sell has the same meaning as trade; and sale has a correspond­ ing meaning Shellﬁsh has the same meaning as in the Fisheries Act 1996 Topically means applying a substance externally to a part of the body of a human or animal Trade means sell for human or animal consumption or use; and includes— (a) Selling for resale (including as a constituent part of an­ other article) for human or animal consumption or use; and 22 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 4 (c) (d) (b) Offering or attempting to sell, or receiving for sale, or having in possession or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and Barter; and Supplying an article under a contract, together with other goods or services or both, in consideration of an inclusive charge for the article and the other goods or services; and Supplying an article where there is a statutory respon­ sibility to supply; and Offering as a public prize or reward, or giving away for the purpose of advertisement or in the furtherance of any trade or business; and Every other method of disposition for valuable consid­ eration: (g) (e) (f) Veriﬁcation
 includes the ongoing checks carried out by recog­ nised persons to determine whether— (a) Operations that are subject to a risk management pro­ gramme or a regulated control scheme are in compli­ ance with the requirements of the programme or of this Act: (b) Animal material or products for whose export an ofﬁcial assurance is required have been produced or processed in a way that meets the requirements for the ofﬁcial assurance: Veriﬁcation: this deﬁnition was amended, as from 26 September 2002, by sec­ tion 5(9) Animal Products Amendment Act 2002 (2002 No 29) by substituting the word “persons” for the word “veriﬁers”.
Veriﬁcation: this deﬁnition was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
Wholesomeness, in relation to any regulated animal product, means that the product does not contain or have attached to it, enclosed with it, or in contact with it anything that is offensive, or whose presence would be unexpected or unusual in product of that description Wild animal means an animal that— (a) Is of a kind that occurs in the wild or in the sea; and 23 Part 1 s 5 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Is not, immediately before its taking or capture, owned by any person.
(2) For the purposes of this Act,— (a) References to the requirements of Parts 2 to 4 include references to the requirements of any regulations, standards, speciﬁcations, Ministerial orders, notices, or directions made or given for the purposes of those Parts; and similarly, references to the requirements of any other Part or provision include references to the requirements of any regulations, standards, speciﬁca­ tions, notices, or directions made for the purposes of that Part or provision: References to any regulations under, or made under, a particular Part include references to regulations made under section 166 of this Act or section 25 of the Animal Products (Ancillary and Transitional Provisions) Act 1999, for the purposes of that Part.
(b) (3) The categorisation of any person as a primary producer, a pri­ mary processor, a secondary processor, an exporter, or a home­ kill or recreational catch service provider relates to the identiﬁ­ cation of the person in that capacity only, and does not prevent the person from being identiﬁed also, and accordingly treated as being, a person in any of the other categories.
(4) Any notice in the Gazette made for the purposes of paragraph (d) of the deﬁnition of primary processor is to be treated as a regulation for the purposes of both the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

(5) Unless the context otherwise requires, parts of speech and grammatical forms of terms deﬁned in this section have cor­ responding meanings in this Act.
Product processed ﬁt for intended purpose The phrase ﬁt for intended purpose, used in relation to animal product that has been processed in accordance with Parts 2 to 4, means that, by reason of animal material or product having had the relevant risk factors managed in accordance with Parts 2 and 3, and meeting any relevant animal product standards and associated speciﬁcations set under Part 4, the product is 5 24 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 7 suitable for the purpose for which the product is speciﬁcally stated or could reasonably be presumed to be intended having regard to its nature, packaging, and identiﬁcation.
6 7 (1) (2) (3) References to this Act include references to Animal Products (Ancillary and Transitional Provisions) Act 1999, etc Except where the context otherwise requires,— (a) references to this Act include references to the Animal Products (Ancillary and Transitional Provisions) Act 1999, and to regulations or speciﬁcations or other re­ quirements made or imposed under either Act: references in other Acts to this Act also include references to the Animal Products (Ancillary and Transitional Provisions) Act 1999 and to regulations or speciﬁcations or other requirements made or imposed under that Act or this Act.
(b) Section 6 was substituted, as from 1 June 2005, by section 6 Animal Products Amendment Act 2005 (2005 No 26).
Application of Act generally Products and material to which Act generally applies In general terms, this Act applies, or may be made to apply, to the production and processing, for reward or for purposes of trade or export, of— (a) All animal material, whether alive or dead, including the material of mammals, birds, ﬁsh, reptiles, amphib­ ians, insects, and other creatures and entities: (b) All products, both edible and non­edible, derived in whole or in part from animal material, including prod­ ucts derived from mammals, birds, ﬁsh, reptiles, am­ phibians, insects, and other creatures and entities.
The speciﬁc requirements of this Act apply principally to ani­ mal material and animal products that are intended for human or animal consumption, but may also apply or be made to apply to animal material and products intended for other purposes.

This Act applies to the processing of animal products that are also foods within the meaning of the Food Act 1981 to the extent provided in sections 32 to 34.
25 Part 1 s 8 Animal Products Act 1999 Reprinted as at 3 September 2007 This Act applies to the processing of animals that are homekill or recreational catch in the manner speciﬁed in Part 6.
Products and material excluded from ambit of Act This Act does not apply to any animal material or animal prod­ uct if and to the extent that— (a) Animal material or product of that kind is exempted from all or any of the provisions of this Act by Order in Council made under section 9; or (b) Subsection (1)(b) was repealed, as from 1 June 2005, by section 7 Animal Prod­ ucts Amendment Act 2005 (2005 No 26).
Subsection (2) was inserted, as from 26 September 2002, by section 6 Animal Products Amendment Act 2002 (2002 No 29).

Subsection (2) was repealed, as from 1 June 2005, by section 7 Animal Products Amendment Act 2005 (2005 No 26).
Exemptions from ambit of Act by Order in Council The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, exempt from the operation of all or any of the provisions of this Act— Any animal material or animal product, or any 1 or (a) more classes or descriptions of animal material or ani­ mal product: (b) Any 1 or more classes or descriptions of producers, pro­ cessors, or exporters of animal material or animal prod­ uct: Any 1 or more classes or descriptions of operations, premises, or places in relation to the production, pro­ cessing, or export of animal material or animal product: (c) (d) Any combination of the above.
The Minister may not recommend the making of an order under this section unless the Minister is satisﬁed, having re­ gard to the matter to be exempted, that— (a) The risk to human or animal health of providing the exemption is negligible; or There are other sufﬁcient safeguards, whether by way of regulated control scheme or in other legislation or by (b) (4) 8 (1) (2) 9 (1) (2) 26 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 1 s 10 other means, to minimise any risk to human or animal health involved in providing the exemption.
(3) (4) (b) (c) (d) (e) In determining whether or not to make an order under this sec­ tion, the Minister is to have regard to the following consider­ ations: (a) The need to protect the health of consumers and users of animal products: The desirability of facilitating market access: The desirability of maintaining consistency between New Zealand’s animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally: The relative costs of having the exemption or not having it, who bears the cost, and the positive and negative impacts on New Zealand consumers and users: The most effective way of managing the relevant risk factors: Such other matters as the Minister considers relevant.
(f) The Minister may not recommend the making of an order under this section unless satisﬁed that appropriate consultation has been carried out in accordance with section 163.

(5) An exemption under this section may have retrospective ef­ fect.
10 (1) (2) Application of Act includes exclusive economic zone This Act applies to the production and processing of animal material and animal products within New Zealand and within or on all New Zealand ﬁsheries waters (as deﬁned in the Fisheries Act 1996), but does not apply to the processing of ﬁsh on any ﬁshing vessel within the exclusive economic zone that is not registered under the Fisheries Act 1983 or the Fisheries Act 1996 unless the vessel is used to harvest farmed ﬁnﬁsh or shellﬁsh.
For the purposes of this section, ﬁsh landed in New Zealand from any ﬁshing vessel registered under the Fisheries Act 1996 are deemed to have been taken and processed within New Zealand ﬁsheries waters until the contrary is proved.

27 Part 2 s 11 Animal Products Act 1999 Reprinted as at 3 September 2007 Subsection (1) was amended, as from 26 September 2002, by section 7 Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “the Fish­ eries Act 1983 or” after the words “registered under”.
Part 2 Risk management programmes 11 Object of this Part The object of this Part is to provide, as the main means for en­ suring that animal products are ﬁt for their intended purpose, for the production and processing of certain animal materials and products to occur under 1 or more registered risk manage­ ment programmes that are subject to independent veriﬁcation.

12 What is a risk management programme?


(1) A risk management programme is a programme designed to (2) (3) both— Identify; and (a) (b) Control, manage, and eliminate or minimise— hazards and other risk factors in relation to the production and processing of animal material and animal products in order to ensure that the resulting animal product is ﬁt for intended purpose.
Risk factors may relate to the nature of the animal material or product concerned, or to the production, processing, prepar­ ation, distribution, trade, or intended use of the animal mater­ ial or product.
Risk management programmes are to be individually tailored for each animal product business, having regard to— (a) (b) Each type of animal material and animal product that the business produces or processes; and Each type of process or operation that is applied to the animal material or product; and Each set of premises or place in which the animal ma­ terial or product is produced or processed.
(3A) Nothing in subsection (3) prevents a risk management pro­ gramme for a particular business or part of a business from being based on a template, a model, or a code of practice, if in (c) 28 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 13 the view of the Director­General the template, model, or code of practice is valid and appropriate for businesses of that kind.
(4) A risk management programme for each type of animal mater­ ial or product, each type of process or operation, and each set of premises or place may be formulated as a single stand­alone programme, or may form part of a larger risk management programme that applies to 1 or more materials, products, pro­ cesses, operations, places, or premises within the same busi­ ness or operation.
(4A) A risk management programme may also apply to one or more comparable animal product businesses in cases where the Dir­ ector­General has given approval under section 17A.

(5) A food safety programme may be registered as a risk manage­ ment programme in accordance with section 34.

Subsection (3A) was inserted, as from 26 September 2002, by section 8(1) Ani­ mal Products Amendment Act 2002 (2002 No 29).
Subsection (4A) was inserted, as from 26 September 2002, by section 8(2) Ani­ mal Products Amendment Act 2002 (2002 No 29).

13 Who must have a risk management programme?
(1) All primary processors of animal material: Subject to subsection (3), the following persons must oper­ ate under a registered risk management programme, whether as the registered holder of the programme or as a business to which the programme applies under section 17A, in respect of their production or processing of animal material or animal product: (a) (b) All secondary processors of animal products intended for human or animal consumption, except to the extent that they are subject to the Food Act regime: Retail butchers who are dual operator butchers: Such other persons as may be speciﬁed by Order in Council under section 15 as requiring to operate under a risk management programme.
(c) (d) (2) While a secondary processor of animal products intended for export to an overseas market for which an ofﬁcial assurance under Part 5 is required is not obliged by subsection (1) to have a registered risk management programme,— 29 Part 2 s 13 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) Such a person should be aware of the implications of not having a programme as set out in section 33; and If the person elects under section 32 to operate under a registered risk management programme, or to regis­ ter a food safety programme as a risk management pro­ gramme under section 34 for the purposes of certain op­ erations, they will be treated as a person who is required to have a registered risk management programme in re­ spect of the animal products or operations concerned.
(3) Nothing in subsection (1) requires a person to operate under a risk management programme in respect of— (a) (b) (c) (d) (e) (f) The primary production of animal material (subject to any order under section 15): The transporting of animal material prior to primary processing (subject to any order under section 15): The secondary processing of animal products not in­ tended for human or animal consumption (except to the extent indicated in subsection (2) in respect of animal product for export for which an ofﬁcial assurance is re­ quired, and subject to any order under section 15): The processing of any homekill or recreational catch by a listed homekill or recreational catch service provider (except as provided in section 71 in the case of dual operator butchers): the processing of dairy material or dairy product that is not intended for human or animal consumption (subject to any order made under section 15): Any type of animal material, animal product, process, operation, premises, or place that is exempted from the provisions of this Part by Order in Council made under section 9: (g) Any matter that is for the time being subject to an ex­ emption granted by the Director­General under section 14.
Subsection (1) was amended, as from 26 September 2002, by section 9(a) Ani­ mal Products Amendment Act 2002 (2002 No 29) by omitting the words “de­ velop and” in both places where they occurred.
Subsection (1) was amended, as from 1 June 2005, by section 8(1) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by inserting the words “, whether as the registered holder of the programme or as a business to which the programme 30 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 15 applies under section 17A,” after the words “under a registered risk manage­ ment programme”.
Subsection (3) was amended, as from 26 September 2002, by section 9(b) Ani­ mal Products Amendment Act 2002 (2002 No 29) by omitting the words “de­ velop or”.

Subsection (3)(e) was substituted, as from 1 June 2005, by section 8(2) Animal Products Amendment Act 2005 (2005 No 26).
14 (1) (2) Director­General may grant limited exemption from requirement to have risk management programme The Director­General may, by notice under section 167, ex­ empt in whole or in part any producer or processor from the requirement to formulate or operate under a risk management programme— (a) For such period as is speciﬁed in the notice; and (b) On such conditions (if any) as may be speciﬁed in the notice.
The Director­General may not grant an exemption under sub­ section (1) unless satisﬁed that the risk to human or animal health of providing the exemption is negligible (having regard, if appropriate, to the period of the exemption or the conditions imposed).

(3) (4) An exemption under subsection (1) may have retrospective effect.

Subsection (3) was repealed, as from 26 September 2002, by section 10(a) Ani­ mal Products Amendment Act 2002 (2002 No 29).
Subsection (4) was amended, as from 26 September 2002, by section 10(b) Ani­ mal Products Amendment Act 2002 (2002 No 29) by omitting the words “(other than an exemption granted on the grounds referred to in subsection (3))”.
15 (1) Certain persons may be required to have risk management programme by Order in Council The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, require any 1 or more classes of primary producer, dairy processor, secondary processor, transporter, or exporter of animal mater­ ial or products who would not otherwise be required to have a risk management programme by virtue of section 13(3)(a), (b), (c), (e), or (f) to operate under a risk management programme 31 Part 2 s 15 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) (c) (d) under this Part in respect of such animal material or products, processes, operations, premises, or places as may be speciﬁed in the order.
The persons to whom the order applies may be deﬁned by ref­ erence to— (a) The type of animal material or product that they produce or process; or The intended purpose or destination of the animal ma­ terial or product in question; or The type of operations or processes carried out in rela­ tion to the animal material or product in question; or The type of premises or place in which the operations or processes are carried out in relation to the animal material or product in question; or Any combination of the above.
(e) The Minister may not recommend the making of an order under this section unless— (a) The Minister is satisﬁed that the order is necessary or desirable— (i) In the interests of achieving the ﬁtness for in­ tended purpose of the animal product concerned; or For the purpose of facilitating access to overseas markets; and (ii) (b) Except where the Minister considers the making of the order a matter of urgency in the public interest, there has been appropriate consultation on the subject­matter of the order in accordance with section 163.
Subsection (1) was amended, as from 26 September 2002, by section 11 Animal Products Amendment Act 2002 (2002 No 29) by omitting the words “develop and”.

Subsection (1) was amended, as from 1 June 2005, by section 9(a) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by inserting the words “dairy proces­ sor,” after the words “primary producer,”.
Subsection (1) was amended, as from 1 June 2005, by section 9(b) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by inserting the expression “(e),” after the expression “(b), (c),”.
(2) (3) 32 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 17 16 (1) (2) Duties of operators of risk management programmes The operator of a registered risk management programme has the following duties: (a) To ensure that the operations of the animal product busi­ ness do not contravene the relevant requirements of and under this Act, including the requirements set out in the risk management programme: To ensure that the risk management programme is con­ sistent with the requirements of regulations and speciﬁ­ cations in force from time to time under this Act: To adequately implement and resource all operations under the programme, including provision for the in­ struction, competency, and supervision of staff to en­ sure the delivery of animal product that is ﬁt for in­ tended purpose: To ensure that all operations under the programme are commensurate with the capability and the capacity of the premises or place, facilities, equipment, and staff to deliver animal product that is ﬁt for intended purpose: To give relevant recognised persons such freedom and access as will allow them to carry out their functions and activities under this Act, including veriﬁcation func­ tions and activities.
(b) (c) (d) (e) The operator of a registered risk management programme also has the duty to notify the Director­General, in advance where practicable, and otherwise as soon as possible, of any change in the operator’s recognised risk management programme verifying agency.

Subsection (1)(e) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.
Subsection (2) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
17 Contents of and requirements for risk management programmes (1) A risk management programme must— 33 Part 2 s 17 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) (c) Be in writing in a form acceptable to the Director­Gen­ eral: specify the name and address (including the electronic address, if available) of— (i) (ii) the operator whose programme it is; and the animal product business or businesses covered by the programme.
Identify— (i) (ii) (iii) The animal material or animal product being pro­ duced or processed; and The premises or place to which the programme applies; and any other businesses to which the programme ap­ plies (if it does not apply only to the business of the person applying for registration).
(2) A risk management programme must— (a) Set out the procedures the operator will use for identify­ ing, controlling, managing, eliminating, or minimising risk factors: (b) Describe the steps the operator will take to conﬁrm that (c) (d) (e) the programme is working effectively: Provide for appropriate corrective actions (including re­ call of product) to be undertaken where the product may not be ﬁt for intended purpose or not in accordance with its labelling or identiﬁcation: Set out appropriate and auditable documentation and record keeping: As appropriate to the operations under the risk manage­ ment programme, contain the matters speciﬁed in, and otherwise comply with— (i) Any relevant animal product standard or other re­ quirement prescribed by regulations made under this Act: (ii) Any relevant speciﬁcations set by the Director­ General under section 167 (including location of reference material and documents recording spe­ ciﬁc procedures).
In relation to hazards (and without limiting the requirements of subsection (2)), a risk management programme must demon­ (3) 34 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 17 strate that the following matters have also been taken into ac­ count in its development: (a) Systematic identiﬁcation of any hazards, and determin­ ation of the signiﬁcance of those hazards, involved in the production and processing of animal material or product covered by the risk management programme: (c) (d) (b) Determination of the points at which the hazards of sig­ niﬁcance identiﬁed in paragraph (a) occur, and the pro­ cesses or procedures to best control them: Establishment of acceptable parameters of the pro­ cesses or procedures at the points determined in paragraph (b): Establishment of monitoring procedures to demonstrate control at the points determined in paragraph (b): Identiﬁcation of the action that will be taken if any parameters established for the risk management pro­ gramme are not achieved: Establishment of procedures for the ongoing conﬁrm­ ation that the risk management programme is effective in managing the hazards: (e) (f) (g) Appropriate and auditable documentation and record keeping.
(4) A proposed risk management programme must also make ap­ propriate provision for veriﬁcation activities and the rights of recognised risk management programme risk management programme veriﬁers, as speciﬁed by the Director­General by notice under section 167.

(5) A risk management programme may contain, as a component part, an appropriate food safety programme within the mean­ ing of the Food Act 1981, provided the food safety programme is registered as a risk management programme under section 34.
Subsection (1)(b) was substituted, as from 26 September 2002, by section 12(1) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (1)(c)(ii) was amended, as from 26 September 2002, by section 12(2) Animal Products Amendment Act 2002 (2002 No 29) by inserting the expression “; and”.

Subsection (1)(c)(iii) was inserted, as from 26 September 2002, by section 12(2) Animal Products Amendment Act 2002 (2002 No 29).
35 Part 2 s 17A Animal Products Act 1999 Reprinted as at 3 September 2007 Subsection (4) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “accredited risk management programme veriﬁers” for the words “accredited veriﬁers”.
Subsection (4) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “recognised risk management programme” for the word “accredited”.

17A Multi­business risk management programmes (1) A registered risk management programme may apply to more (2) than one business, if the Director­General approves.
The Director­General may approve one person’s risk manage­ ment programme applying to all or part of the business or busi­ nesses of 1 or more other persons if satisﬁed that— (a) (b) (c) (d) the programme is appropriate to the other businesses or part­businesses, as well as to the business of the person whose programme it is; and the registered operator of the programme will have suf­ ﬁcient control, authority, and accountability for all mat­ ters covered by the programme in relation to the other businesses or part­businesses subject to its coverage; and the applicant for the approval has obtained the consent or otherwise taken into account the views of any person whose business or part­business is to be covered by the programme; and each person whose business or part­business is to be covered by the programme is aware of the implications for his or her business in the event of— (i) a suspension or deregistration of the programme; or the person whose programme it is ceasing to op­ erate for any other reason.
(ii) The approval may be given subject to conditions.

(3) (4) Application for approval under this section must be made by the operator of the risk management programme, either at the time of application for its registration under section 20, or as an application for amendment under section 25(3).
The Director­General may decline his or her approval under this section if not satisﬁed that the operator of another busi­ (5) 36 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 18 ness to which it is proposed that the programme apply is a ﬁt and proper person to operate an animal product business, tak­ ing into account whether the operator or any directors or man­ agers of the business concerned have been convicted, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act.
Section 17A was inserted, as from 26 September 2002, by section 13 Animal Products Amendment Act 2002 (2002 No 29).

Subsection (2)(c) was amended, as from 1 June 2005, by section 10(1) Animal Products Amendment Act 2005 (2005 No 26) by inserting the expression “; and”.

Subsection (2)(d) was inserted, as from 1 June 2005, by section 10(1) Animal Products Amendment Act 2005 (2005 No 26).

Subsection (5) was inserted, as from 1 June 2005, by section 10(2) Animal Products Amendment Act 2005 (2005 No 26).
Registration of risk management programmes Register of risk management programmes The Director­General must keep and maintain a register of risk management programmes that records— (a) All risk management programmes registered under this Part; and (b) Matters relating to the registration of food safety pro­ grammes as risk management programmes under sec­ tion 34.
The purpose of the register is— (a) To enable members of the public to know what business operations are subject to risk management programmes, and who is responsible for various functions under those programmes; and To facilitate the ability of the Director­General to ensure that all traded animal products are ﬁt for intended pur­ pose, and in particular to manage any emergency situ­ ation; and To facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
(b) (c) 18 (1) (2) (3) The Director­General must— 37 Part 2 s 19 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) Keep the register open for public inspection, without fee, at all reasonable hours at the head ofﬁce of the Min­ istry and at such other places as the Director­General determines as necessary or appropriate; and Supply to any person copies of all or part of the register on request and payment of a reasonable charge for the production of the copy.
(4) The register may be kept in such manner as the Director­Gen­ eral thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) That records or stores information electronically or by other means; and That permits the information so recorded to be readily inspected or reproduced in usable form; and That permits the information in the register to be ac­ cessed by electronic means, including (without limita­ tion) by means of remote log­on access.
(b) (c) 19 Matters to be shown in register of risk management programmes The register of risk management programmes must contain the following particulars in relation to each programme registered under this Part: (a) The name and address (including the electronic address, if available) of the business owner or operator whose programme it is: The name, or the position or designation, of the person who is responsible for the day to day management of the programme, as nominated by the owner or operator of the business: The date on which the programme was registered, and the registration number or other unique identiﬁer allo­ cated to it: The types of animal material and animal product to which the programme applies: The principal categories of processing and other oper­ ations carried out under the programme: The location (if appropriate) and type of premises or place to which the programme applies (or, if more (b) (c) (d) (e) (f) 38 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 19 (g) (h) appropriate, a place where the general public can ob­ tain up­to­date information of the location and type of premises or place to which the programme applies): The name of the recognised risk management pro­ gramme verifying agency (and, if appropriate in the case of a food safety programme registered as a risk management programme under section 34, the ap­ proved auditor under the Food Act 1981) responsible for the veriﬁcation function under the programme: Identiﬁcation of any risk management programme
 whose registration amounts to an election under section 32: Identiﬁcation of any food safety programme that is reg­ istered as a risk management programme under section 34: The date on which the most recent amendment to the risk management programme has been registered under section 25: The date of any update of the risk management pro­ gramme under section 26: The date (and period, if appropriate) of any suspension of operations under the programme or any deregistra­ tion or surrender of registration of the programme: (m) A brief indication of the reason for any such suspension (k) (j) (i) (l) (n) or deregistration: Such other particulars as may be prescribed by regula­ tions made under this Act.
Paragraph (f) was amended, as from 26 September 2002, by section 14 Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “(or, if more appropriate, a place where the general public can obtain up­to­date infor­ mation of the location and type of premises or place to which the programme applies)”.
Paragraph (g) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.

Paragraph (j) was amended, as from 26 September 2002, by section 16 Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “the most recent amendment” for the words “any amendment”.
39 Part 2 s 20 Animal Products Act 1999 Reprinted as at 3 September 2007 20 (1) Applications for registration of programmes The operator of an animal product business may apply to the Director­General for the registration of a risk management programme.
(2) An application for registration must be made in writing in a form or manner approved by the Director­General, and be ac­ companied by— (a) either— (i) (ii) a copy of the risk management programme (or such number of copies as may be required by the Director­General); or an outline of the contents of the risk management programme that complies with the requirements of the Director­General for such outlines; and (b) (c) (d) subject to subsection (3), a copy of a report of an inde­ pendent evaluation, carried out not more than 6 months before the date of the application for registration, of the validity of the risk management programme in terms of sections 12 and 17; and The name of the recognised risk management pro­ gramme verifying agency that has indicated it is prepared to undertake veriﬁcation functions in respect of the programme; and Such further information and other material (including declarations, where appropriate) as may be required by regulations made under this Act; and The prescribed fee (if any).
(e) The Director­General may waive or modify the requirement to provide a copy of an independent evaluation report if— (a) the risk management programme is fully based on a template, model, or code of practice approved under section 12(3A); or the risk management programme is a multi­business risk management programme approved by the Director­ General in accordance with section 17A; or the risks to human or animal health are negligible, and the Director­General is satisﬁed that the nature of the business does not require an independent evaluation re­ port to ensure validity in terms of sections 12 and 17.
(b) (c) (3) 40 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 22 21 (1) (2) 22 (1) Subsection (2)(a) and (b) were substituted, as from 26 September 2002, by sec­ tion 17 Animal Products Amendment Act 2002 (2002 No 29).

Subsection (2)(b) was amended, as from 1 June 2005, by section 11(1) Animal Products Amendment Act 2005 (2005 No 26) by inserting the words “subject to subsection (3),” before the words “a copy”.
Subsection (2)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.

Subsection (3) was inserted, as from 1 June 2005, by section 11(2) Animal Prod­ ucts Amendment Act 2005 (2005 No 26).
Director­General may require further information The Director­General may require an applicant to supply fur­ ther information or other material before determining whether or not to register a risk management programme.

If the information or material is not supplied within 6 months of the date of the request, or within such further time as the Dir­ ector­General allows, the application for registration lapses.
Registration of risk management programme The Director­General must register a risk management pro­ gramme submitted by an applicant if satisﬁed that— (a) The content of the risk management programme— (i) Complies with the requirements imposed by or under this Act; and Ensures that, as far as practicable, the animal product to be produced under the programme will be ﬁt for intended purpose; and (ii) (b) (c) The applicant is a ﬁt and proper person to operate an animal product business, taking into account whether the applicant or any directors or managers of the busi­ ness concerned have been convicted, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regu­ lated under this Act; and The business, or its operator, is resident in New Zealand within the meaning of section OE 1 or section OE 2 of the Income Tax Act 2004.
41 Part 2 s 22 Animal Products Act 1999 Reprinted as at 3 September 2007 (2) (1A) Nothing in subsection (1) requires the Director­General to register a risk management programme that purports to apply to a business or part­business of a person other than the applicant if the Director­General has not approved the programme’s coverage of that business or part­business under section 17A.
Registration may be subject to such reasonable conditions as the Director­General may specify, including conditions relat­ ing to the commencement of operations under the programme.
The Director­General must, as soon as practicable after regis­ tering a risk management programme, supply the applicant with— (a) (b) A notice of any conditions imposed under subsection A notice of registration; and (3) (2); and A registration number or other unique identiﬁer; and (c) (d) An authorised copy of the registered risk management programme.
(4) (3A) The Director­General may, at any time during the 12­month period following the commencement of operations under a registered risk management programme, by written notice to the operator concerned, impose further conditions as if they were imposed on registration under subsection (2), or amend or revoke any conditions imposed under that subsection.
The Director­General must, as soon as practicable after regis­ tering a risk management programme, supply the operator’s recognised risk management programme verifying agency with an authorised copy of the registered risk management programme.

Registration of a programme under this section continues in force until the programme is deregistered under section 28 or its registration is surrendered under section 29.
Subsection (1)(c) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004” for the words “Income Tax Act 1994”.

Subsection (1A) was inserted, as from 1 June 2005, by section 12(1) Animal Products Amendment Act 2005 (2005 No 26).

(5) Subsection (3A) was inserted, as from 1 June 2005, by section 12(2) Animal Products Amendment Act 2005 (2005 No 26).
42 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 24 Subsection (4) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
23 (1) Refusal to register programme If, after considering an application and any further information or material supplied under section 21, the Director­General proposes to refuse to register a risk management programme, the Director­General must give the applicant— (a) A notice containing such particulars as will clearly in­ form the applicant of the grounds on which the Dir­ ector­General proposes to refuse to register the pro­ gramme; and (b) A reasonable opportunity to make written submissions or be heard in respect of the matter.
(2) Where the Director­General ﬁnally determines to refuse to register a programme, the Director­General must as soon as practicable notify that fact to the applicant in writing, giving reasons.

If a person acting under the delegated authority of the Director­ General declines to register a risk management programme, the applicant may seek a review of that decision under section 162.
(3) 24 (1) Registration may not be transferred The registration of a risk management programme applies only to the particular operator and premises or place speciﬁed in the programme, and may not be transferred to a different operator or premises or place.

(2) Nothing in this section prevents the registration in the name of a new operator, or in relation to new premises or a new place, of a risk management programme in substantially identical terms to those which applied to a former operator or premises.
(2A) Nothing in this section prevents the extension of the pro­ gramme to the business or part­business of another person in accordance with an approval given under section 17A.
For the purposes of this section, the following circumstances will, except as otherwise speciﬁed by the Director­General by (3) 43 Part 2 s 25 Animal Products Act 1999 Reprinted as at 3 September 2007 notice under section 167, be treated as involving a change in the operator of a registered risk management programme, and so require registration of a new risk management programme rather than amendment of an existing registered programme: A change in the name of a company (but not in a com­ (a) pany’s shareholding): (b) A change in the members of a partnership (but not in members’ respective shares in the partnership): The death, bankruptcy, receivership, or liquidation of the operator of the programme.
(c) Subsection (2A) was inserted, as from 26 September 2002, by section 15 Animal Products Amendment Act 2002 (2002 No 29).
Signiﬁcant amendments to risk management programme The operator of a registered risk management programme must amend that programme, and apply for registration of the amendment, where any change, event, or other matter means that the programme— (a) Is no longer appropriate, or will no longer be appro­ priate, to the animal material or product, processes, or premises or place covered by the programme; or (b) Otherwise impacts, or will impact, on the ﬁtness for intended purpose of the animal product concerned or the content of the risk management programme as required under section 17(1).
The operator must amend the programme, and apply for regis­ tration of the amendment, before the event where the operator knows of the change, event, or other matter in advance, and in all other cases must do so without unreasonable delay.

The operator of a risk management programme may at any time apply to the Director­General, in a manner approved by the Director­General and on payment of the prescribed fee (if any), for registration of an amendment to the programme.
Sections 21 to 23 apply to an application under this section, with any necessary modiﬁcations, as if it were an application for registration under section 20.
25 (1) (2) (3) (4) (5) As soon as practicable after determining to register an amend­ ment, the Director­General must— (a) Notify the applicant in writing accordingly; and 44 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 25 (c) (b) Where the amendment relates to future events or mat­ ters, specify the date or occasion on which the amend­ ment takes effect or will apply; and Supply to both the applicant and the appropriate recog­ nised risk management programme verifying agency a certiﬁed copy of the amendment (or, where appropriate, of a redraft of the relevant part of the programme that incorporates the amendment); and (d) Make an appropriate entry on the register of risk man­ agement programmes.
If the Director­General proposes to refuse to register an amendment, the Director­General must give the applicant— (a) A notice containing such particulars as will clearly in­ form the applicant of the grounds on which the Dir­ ector­General proposes to refuse to register the amend­ ment; and (b) A reasonable opportunity to make written submissions or be heard in respect of the matter.
(6) (8) (7) Where the Director­General ﬁnally determines to refuse to register an amendment, the Director­General must as soon as practicable notify that fact to the applicant in writing, giving reasons.

If a person acting under the delegated authority of the Director­ General declines to register an amendment, the applicant may seek a review of that decision under section 162.
The Director­General may, by notice under section 167, spe­ cify matters in relation to amendments to risk management programmes and their amendment, including— (a) (9) Specifying the kinds of amendments that require regis­ tration and those which do not; and Specifying any amount of notice that may be required in respect of events or matters of a kind known to the operator in advance that will require an amendment to a registered risk management programme.
(b) The heading to section 25 was amended, as from 26 September 2002, by section 18 Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “Signiﬁcant amendments to” for the words “Amendment of”.
Subsection (5)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting 45 Part 2 s 26 Animal Products Act 1999 Reprinted as at 3 September 2007 the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
26 (1) Updates of minor amendments to risk management programmes For the purpose of ensuring that a registered risk management programme continues to comply with the requirements of sec­ tion 17, every operator of a risk management programme must from time to time notify the Director­General of all amend­ ments to the risk management programme that— (a) Are of such a nature as not to require registration under section 25; and (b) Have not been previously notiﬁed to the Director­Gen­ eral under this section.
(2) Notiﬁcation of such amendments must— (a) (b) (c) (d) Be made in a manner approved by the Director­General; and Be made at such intervals as may be prescribed by regu­ lations made under this Act, or otherwise by notice by the Director­General under section 167; and Contain such details and be accompanied by such other material (including declarations and evaluation reports, if required) as may be prescribed by regulations made under this Act or by notice by the Director­General under section 167; and Be accompanied by the prescribed fee (if any).
(3) On being satisﬁed that the requirements of this section have been complied with, and that the registered risk management programme concerned continues to comply with the require­ ments of section 17, the Director­General must register the fact that the programme has been updated under this section.

The Director­General may, by notice under section 167, spe­ cify matters for the purposes of this section.
(4) Suspension of operations under registered programme The Director­General may at any time suspend any or all op­ erations under a registered risk management programme for a period of up to 3 months if the Director­General has reason­ able grounds to believe that the risk management programme 27 (1) 46 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 27 may not be or is no longer effective, or that the animal prod­ uct produced under the risk management programme does not meet or no longer meets the requirements of this Act.
The Director­General may impose conditions and require­ ments in respect of the implementation and operation of a suspension under this section.
(2) (3) Where the Director­General suspends all or any operations under a risk management programme, he or she must give written notice of that fact to the operator of the programme, specifying— (a) (b) (c) The reason for the suspension; and The period of the suspension; and The date on which or time at which it commences (which may not be earlier than the date or time of notiﬁcation); and The operations to which the suspension applies; and Any conditions or requirements in relation to the sus­ pension.
(d) (e) (4) (5) (6) If the Director­General considers it necessary in the circum­ stances, and after having notiﬁed the operator of the proposed extension and the reasons for it and having given the operator a reasonable opportunity to be heard, the period of suspen­ sion may be extended for such further period not exceeding 3 months as the Director­General notiﬁes to the operator in writ­ ing before the expiry of the original suspension.
The Director­General must notify the appropriate recognised risk management programme verifying agency of any suspen­ sion under this section.

The Director­General may notify any suspension under this section in the Gazette.

(7) A suspension under this section does not affect any other ac­ tions that the Director­General may take under this Act.
(8) Where operations are suspended under this section, the Dir­ ector­General may direct the operator or person in charge to take action appropriate to deal with any affected animal ma­ terial or product and exercise any of his or her other powers under section 82.
47 Part 2 s 28 Animal Products Act 1999 Reprinted as at 3 September 2007 If a person acting under the delegated authority of the Dir­ ector­General suspends any operations under this section, the operator of the risk management programme or of the animal product business concerned may seek a review of the suspen­ sion under section 162.
Subsection (5) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
Deregistration of risk management programme The Director­General may at any time remove a risk manage­ ment programme from the register if the Director­General is satisﬁed that— (a) The Director­General would be justiﬁed under section 27 in suspending operations under the programme but, in light of repeated suspensions of operations under the risk management programme in the past under that sec­ tion, it would be more appropriate to deregister the pro­ gramme; or There is or has been such a serious failure of operations or other matters under the programme as to cast doubt on the ﬁtness for intended purpose of the animal product produced under the programme; or whether by reason of the passage of time, changing cir­ cumstances, or for any other reason, the risk manage­ ment programme no longer ensures the ﬁtness for in­ tended purpose of animal product produced under the programme; or The operator of the programme is no longer a ﬁt and proper person to operate or be responsible for the oper­ ation of an animal product business, taking into account any conviction of the operator or any director or man­ ager of the animal product business concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regu­ lated under this Act; or (b) (c) (d) (9) 28 (1) 48 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 28 (e) The risk management programme has ceased to be rele­ vant to the operations it purports to cover by reason of there being a change in the identity of— (i) The person who owns or has control of the busi­ ness concerned; or The premises or place where the relevant oper­ ations are carried out; or (ii) (iii) The material or product being produced or pro­ cessed; or (iv) The type of production or processing being car­ ried out.
(2) The Director­General may not deregister a risk management programme under this section unless he or she has ﬁrst— (a) Notiﬁed the operator of the programme (whether orally or in writing) of the intention to deregister and the rea­ son for deregistration; and (b) Given the operator an opportunity to be heard.
(3) Where the Director­General determines to deregister a risk management programme, the Director­General must— (a) Give written notice of that fact to the operator of the programme, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notiﬁcation); and (b) Notify the appropriate recognised risk management (5) programme verifying agency of that fact.
(4) Where a risk management programme is deregistered under this section, the Director­General may direct the operator or person in charge to take action appropriate to deal with any affected animal material or product and may exercise any of his or her other powers under section 82.

The Director­General may notify any deregistration under this section in the Gazette.
The deregistration of a risk management programme under this section does not affect any other actions that the Dir­ ector­General may take under this Act.
If a person acting under the delegated authority of the Director­ General deregisters a risk management programme under this section, the operator of the risk management programme or of (6) (7) 49 Part 2 s 28A Animal Products Act 1999 Reprinted as at 3 September 2007 the animal product business concerned may seek a review of the deregistration under section 162.

Subsection (1)(c) was substituted, as from 26 September 2002, by section 19 Animal Products Amendment Act 2002 (2002 No 29).
Subsection (3)(b) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
28A Removal of business operator from coverage of wider risk (1) (2) management programme The Director­General may at any time remove any animal product business from the coverage of a registered risk man­ agement programme that applies to 2 or more comparable businesses if the Director­General is satisﬁed that deregistra­ tion of the programme would be appropriate under section 28(1) if the animal product business were the only one oper­ ating under the programme.
Subsections (2) to (7) of section 28 apply in relation to the removal of the business from the coverage of the risk manage­ ment programme as if references in these sections to deregis­ tration of the programme were references to removal from the coverage of the programme.

Section 28A was inserted, as from 26 September 2002, by section 20 Animal Products Amendment Act 2002 (2002 No 29).
29 (1) Surrender of registration The operator of a registered risk management programme may at any time surrender registration of the programme by notice in writing to the Director­General.
(2) Where the operator or animal product business concerned ceases to operate as a producer or processor of animal material or animal product, that operator (or, where appropriate, the liquidator, receiver, executor, or other successor in title of the operator) must, within 30 days of so ceasing,— (a) (b) Notify the Director­General in writing of that fact; and Surrender the notice of registration to the Director­Gen­ eral; and Notify the appropriate recognised risk management programme verifying agency of that fact.
(c) 50 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 31 (3) At the same time as notiﬁcation under subsection (1) or sub­ section (2), the operator or other relevant person must also no­ tify the Director­General of how it is proposed to deal with any remaining animal material or product covered by the risk management programme.

The Director­General may approve or agree to any such pro­ posal, but may also, if appropriate, exercise any of his or her powers under section 82.
(4) (5) On being notiﬁed of a surrender under this section,— (a) (b) The Director­General must record the surrender on the register of risk management programmes; and The surrender takes effect from the date stated in the register.

Subsection (2)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
30 31 Risk management programme in conﬂict with regulations or speciﬁcations Where there is any conﬂict between the requirements of a reg­ istered risk management programme and those of any regula­ tions or speciﬁcations made under this Act, whether by reason of a failure to amend or update the programme to reﬂect any new requirements or otherwise, the requirements of the regu­ lations or speciﬁcations prevail.
Relationship between Food Act regime and risk management programmes Object of sections 32 to 34 The object of sections 32 to 34 is to recognise the general equivalence of food safety programmes and risk management programmes, and to minimise the problems of overlap of 2 separate legislative regimes, by— (a) Allowing, in section 32, a secondary processor of an animal product which is a food to elect to operate solely under a risk management programme and this Act, rather than under the equivalent Food Act regime 51 Part 2 s 32 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) (particularly where the food is for export, and may require ofﬁcial assurances); and Providing, in section 34, for the registration of food safety programmes as risk management programmes, and allowing switching between programmes in the case of persons who wish to operate principally under 1 regime, but may also need or wish to operate from time to time under the other regime in respect of all or part of their operations.
Section 31 was amended, as from 26 September 2002, by section 21 Animal Products Amendment Act 2002 (2002 No 29) by omitting the words “in pro­ ducing product that is ﬁt for intended purpose”.
32 Secondary processors of animal products which are food may elect to operate under risk management programme (1) A secondary processor of an animal product which is a food within the meaning of the Food Act 1981 may elect under this section to operate under a registered risk management pro­ gramme rather than under a food safety programme or under the Food Hygiene Regulations 1974 in respect of that product.
(2) An election under this section— (a) (b) Is made by notifying it to the Director­General, whether at the time the secondary processor applies for registra­ tion of a risk management programme or in such other manner as the Director­General may approve; and Takes effect when the risk management programme of the secondary processor is registered, or is notiﬁed in the register as taking effect.
(3) Sections 20 to 23 apply in relation to the application for regis­ tration of a risk management programme of any person making an election under this section.

(4) Where an election is made under this section,— (a) (b) For the purposes of this Act, the secondary processor is to be treated as a person who is required to have a risk management programme in respect of the animal product concerned; and The Food Act regime does not apply to the matters covered by the registered risk management programme.
52 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 33 (5) An election under this section is to be treated as revoked if the secondary processor surrenders the risk management pro­ gramme under section 29, and subsection (4) of this section ceases to apply on and from the date stated in the register.
(6) When the Director­General has registered a secondary proces­ sor’s risk management programme following an election of the processor under this section, the Director­General must— (a) Notify the chief executive of the agency for the time being responsible for the administration of the Food Act 1981 and any relevant territorial authority (as deﬁned in section 8B of the Food Act 1981) of the election; and (b) Note the election on the register of risk management programmes in accordance with section 19.
(7) Where an election is treated as revoked by subsection (5), the Director­General must similarly notify the chief executive and relevant territorial authority referred to in subsection (6)(a), and must note the revocation on the register.
33 Implications of failure to elect in case of animal product which is food whose export requires an ofﬁcial assurance (1) Where a secondary processor operates under the Food Act regime rather than under a risk management programme in re­ lation to any animal product that is for export, and overseas market access requirements as notiﬁed or made available by the Director­General under section 60 apply to that product,— The product must meet the requirements imposed by or (a) under this Act for the giving of ofﬁcial assurances, if any ofﬁcial assurance is to be given under this Act in relation to the product; and If it does not, it cannot be the subject of an ofﬁcial as­ surance under this Act.
(b) (2) For the purposes of subsection (1)(a), the secondary processor must operate under either a registered risk management pro­ gramme or a food safety programme that is registered as a risk management programme in accordance with section 34, and meet such additional requirements as may be notiﬁed or made available under section 60.
53 Part 2 s 34 Animal Products Act 1999 Reprinted as at 3 September 2007 Subsection (2) was amended, as from 26 September 2002, by section 22 Animal Products Amendment Act 2002 (2002 No 29) by substituting the word “pro­ gramme” for the word “plan”.
34 Alternate or intermittent use of risk management programmes and food safety programmes (1) A secondary processor who wishes to have a food safety pro­ gramme recognised as a risk management programme to be operated on an intermittent basis may apply to the Director­ General for registration of the programme as a risk manage­ ment programme.
The application must be in a manner approved by the Director­ General and be accompanied by the prescribed fee (if any), and sections 20(2) to 23 apply to any such application as if it were an application under section 20(1).
(2) (3) Where a food safety programme is registered as a risk man­ agement programme,— (a) Its operator may operate under it only at the times and in the manner, and on the giving of such notiﬁcation, as may be speciﬁed in conditions (if any) imposed under section 22; and (b) During, or in respect of matters occurring during, any period when the operator operates under the programme as a risk management programme,— (i) For the purposes of this Act the operator is to be treated in respect of those operations as a person who is required to have a risk management pro­ gramme in respect of those operations; and Subject to any regulations made under this sec­ tion, the Food Act regime does not apply to those operations; and (ii) (c) During, or in respect of matters occurring during any period when the operator does not so operate, the oper­ ator is to be treated as subject to the Food Act regime, and, subject to any regulations made under this section, this Part does not apply in relation to that period or mat­ ters occurring during it; and (d) Despite anything in this Act or the Food Act 1981, the risk management programme is subject to whichever 54 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 2 s 34 (4) audit or veriﬁcation regime is speciﬁed by the Director­ General under subsection (4).
In imposing conditions on registration under section 22(3), the Director­General— (a) Must specify whether and to what extent the programme is to be subject to the veriﬁcation requirements of this Act or the audit requirements of the Food Act 1981; and In making such a speciﬁcation, is to have regard to the desirability of continuity in audit or veriﬁcation ser­ vices, functions, or requirements and to any overseas market access requirements notiﬁed or made available under section 60; and (b) (5) (c) May impose such other conditions as are reasonable in light of the operator’s proposed use of the programme.
Before registering a food safety programme as a risk manage­ ment programme, the Director­General must advise the appli­ cant of the conditions of the proposed registration and give the applicant the opportunity to withdraw the application.
(6) On registering a programme, the Director­General must as soon as practicable notify the fact and the conditions of the registration to— (a) (b) The applicant; and The chief executive of the agency for the time being responsible for the administration of the Food Act 1981, or the relevant territorial authority; and The applicant’s recognised risk management pro­ gramme verifying agency (if applicable); and The applicant’s approved auditor under the Food Act 1981.
(c) (d) (7) Regulations and speciﬁcations made under sections 166 and 167 may provide for matters relating to the registration of food safety programmes as risk management programmes under this Act.
Such regulations may— (a) Specify or set criteria for determining whether all or any 1 or more classes of such programmes are to be subject to the veriﬁcation regime of this Act or the audit regime of the Food Act 1981; and Exempt persons or provide for their exemption, whether wholly, partially, or conditionally, from compliance (b) 55 Part 2 s 35 Animal Products Act 1999 Reprinted as at 3 September 2007 with speciﬁed requirements imposed by or under either Act, where such exemptions are appropriate in the interests of avoiding unnecessary or undesirable dupli­ cation of equivalent duties or matters under the 2 Acts.
Subsection (6)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.

Recognised agencies and risk management programme veriﬁers This heading was substituted, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26).
It previously read “Recognised risk management programme verifying agencies and accredited veriﬁers”.
Director­General to recognise agencies and persons to perform veriﬁcation functions in respect of risk management programmes For the purposes of this Part, the Director­General must, in accordance with Part 8,— (a) Recognise persons and bodies as agencies who may be engaged to be responsible for the performance of veri­ ﬁcation functions and activities in relation to risk man­ agement programmes; and recognise individuals as persons who may undertake the performance of veriﬁcation functions and activities in relation to risk management programmes.
(b) The heading to section 35 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the word “accredit”.

Paragraph (b) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognise” for the word “Accredit”.
Director­General may require notiﬁcation by recognised agency of termination of contracts The Director­General may, whether generally or in any par­ ticular case or class of case, by notice under section 167, re­ quire any recognised risk management programme verifying agency to notify the Director­General of the termination of any 35 36 (1) 56 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 3 s 38 (2) 37 38 (1) contractual arrangement with a client for the provision of veri­ ﬁcation functions and activities.
In any such case, the recognised agency must notify the Dir­ ector­General in writing of any such termination as soon as practicable, and in no case later than 7 days after its occur­ rence.

The heading to section 36 was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the word “recognised” for the word “verifying”.
Part 3 Regulated control schemes Object of this Part The object of this Part is to provide for regulated control schemes which are special regulatory regimes to provide for cases where— (a) It is inappropriate or impracticable to manage risk fac­ tors under risk management programmes; or Risk factors may need to be addressed in relation to the production of animal material or the processing of animal product that is not required by this Act to be covered by a registered risk management programme; or Special provision is required for the purposes of over­ seas market access requirements.
(b) (c) Paragraphs (a) and (b) were amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “risk factors” for the word “risks”.
Nature of regulated control schemes The object of a regulated control scheme is to impose risk man­ agement measures in circumstances where— (a) It is not feasible or practicable for the relevant risk factors to be managed by individual animal product business operators within individual risk management programmes (whether or not those operators would normally be required to have a risk management pro­ gramme); or 57 Part 3 s 39 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Having regard to considerations of economic efﬁciency, or to legal considerations that may require the exercise of statutory authority for the successful management of risk factors, it is necessary or appropriate that the meas­ ures be imposed generally rather than being dealt with by way of individual risk management programmes; or The measures are additional to those normally required to meet New Zealand animal product standards, and are necessary to meet access requirements of overseas mar­ kets as notiﬁed or made available under section 60.
(c) (2) A regulated control scheme may be imposed— (a) (b) By way of regulations made under section 166 on the recommendation of the Minister, supplemented by spe­ ciﬁcations and other requirements set by the Director­ General under section 40: In the case of measures required to meet access require­ ments of overseas markets that have been notiﬁed or made available under section 60, by way of speciﬁ­ cations and requirements set by the Director­General under section 40.
Subsection (1)(a) and (1)(b) were amended, as from 26 September 2002, by sec­ tion 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “risk factors” for the word “risks”.
Scope of regulated control schemes 39 (1) A regulated control scheme must specify its prime purpose, and may— (a) Apply to all or any 1 or more classes of animal material or product, person or business, process or operation, premises or place, or area: (b) Without limiting the generality of section 38, provide for matters such as surveying, monitoring, data collec­ tion, disease surveillance, sampling, testing, and ana­ lysis of or in relation to animal material and products and anything in the environment which may affect the suitability for its intended use of animal material or the ﬁtness for intended purpose of animal products: Authorise or provide for technical matters and speciﬁ­ cations and matters of detail to be speciﬁed by the Dir­ ector­General under section 40.
(c) 58 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 3 s 40 (2) No regulated control scheme may be held invalid merely be­ (3) (4) cause it— (a) Confers any discretion on, or allows any matter to be determined or approved by, the Minister, the Director­ General, or any animal product ofﬁcer; or (b) Allows the Minister or the Director­General to impose speciﬁcations or requirements as to the performance of any activities.
The Minister may not recommend the making of regulations for the purposes of imposing a regulated control scheme unless he or she— (a) Is satisﬁed that any 1 or more of the criteria speciﬁed in section 38(1) apply; and (b) Has carried out appropriate consultation in accordance with section 163.
In determining whether or not to recommend the making of a regulated control scheme, or the content of such a scheme, the Minister is to have regard to— (a) The need to protect the health of consumers and users of animal products: The most effective way of handling the relevant risk factors: The desirability of facilitating market access: The desirability of maintaining consistency between New Zealand animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally: The relative costs of having the scheme or not having it, who bears the cost, and any positive and negative impacts on consumers and users: (b) (c) (d) (e) (f) Whether the scheme option proposed or selected is the most cost effective way of achieving its prime purpose: Such other matters as the Minister considers relevant.
(g) 40 (1) Director­General may set speciﬁcations and other requirements for purposes of regulated control schemes The Director­General may from time to time, by notice under section 167, set speciﬁcations and other detailed requirements that— 59 Part 3 s 41 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) Are speciﬁed or contemplated by or necessary or desir­ able to give effect to a regulated control scheme; or (b) Are necessary or desirable to meet overseas market ac­ cess requirements that have been notiﬁed or made avail­ able under section 60; or Are necessary or desirable to amplify the manner in which the requirements of any such scheme or require­ ments may or are to be met.
(c) The Director­General may set speciﬁcations and other require­ ments under subsection (1)(a) or (c) only after having regard to the matters speciﬁed in section 39(4) and (except where sec­ tion 163(5) applies) after appropriate consultation carried out in accordance with section 163.
Emergency control schemes The Minister may, by order, schemes if, in the opinion of the Minister,— (a) institute emergency control An emergency or urgent situation has arisen involving risk to— (i) (ii) Human or animal health; or The integrity or reputation of New Zealand ex­ ports of animal material or products; or (iii) Overseas market access for New Zealand exports (2) 41 (1) (b) of animal material or products; and It is not practicable in the circumstances of the particu­ lar case, in time to deal with the situation, to— (i) Issue or amend regulations or speciﬁcations in accordance with sections 39 and 40; or (ii) Otherwise effectively alleviate or minimise the relevant risk.
(2) Any such order may contain any of the matters speciﬁed in sections 39 and 40.

(3) Any such order must as soon as practicable be— (a) (b) Either published or notiﬁed in the Gazette; and To the extent practicable, brought to the attention of all persons likely to be affected by it.
If the order is notiﬁed only, and not published, Gazette,— in the (4) 60 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 3 s 41 (a) (b) The Director­General must make copies of the order available for inspection free of charge, and for purchase at a reasonable cost, at the head ofﬁce of the Ministry and at such other places as the Director­General deter­ mines as necessary or appropriate; and The Gazette notice must specify where a copy of the order may be inspected or obtained.
(5) A Ministerial order under this section— (a) Takes effect on such day as may be speciﬁed in the order (which may not be earlier than the day it is notiﬁed or published in the Gazette, except in the case of any person affected who has been supplied with a copy of the order at any earlier time); and (b) Unless sooner revoked, expires at the end of 6 months after the date of its publication or notiﬁcation in the Gazette, unless extended by the Minister by notice in the Gazette for a further period not exceeding 6 months (at the end of which period it expires).
Before making an order under this section, the Minister must ensure that such consultation as is reasonable and practicable in the circumstances has been undertaken, but section 163 does not apply to an order under this section.

In the case of inconsistency between a Ministerial order under this section and any other regulated control scheme, the Min­ isterial order prevails.

(6) (7) (8) A Ministerial order may be amended at any time in the same manner as it was made.
(9) Despite anything in section 28 of the State Sector Act 1988, the Minister may not delegate to any other person the power to make orders under this section, or to extend or revoke such orders.

(10) An order made under this section is to be treated for the purposes of the Regulations Disallowance Act 1989 (but not for the purposes of the Acts and Regulations Publication Act 1989) as if it were a regulation within the meaning of that Act.
61 Part 4 s 42 Animal Products Act 1999 Reprinted as at 3 September 2007 Part 4 Animal product standards and speciﬁcations 42 43 44 (1) Object of this Part The object of this Part is to provide for— (a) The setting of standards that must be met by any animal product intended for trade or processed for reward be­ fore it may be considered ﬁt for intended purpose; and The setting of speciﬁcations that may be necessary or desirable to ensure such standards are met.
(b) Application of standards and speciﬁcations Standards and speciﬁcations set under this Part may apply in respect of any class or description of animal material or prod­ uct, person or business, process or operation, equipment or other thing, premises or place, or area, and may apply regard­ less of whether or not a risk management programme is in place or required in respect of the relevant material or product, person or business, process or operation, premises or place, or area.
Regulations may prescribe animal product standards Regulations may be made under section 166, on the recom­ mendation of the Minister, prescribing standards that specify the criteria that must be met to ensure that animal products produced or processed for reward or trade or for export from New Zealand are ﬁt for intended purpose.
(2) Without limiting the generality of subsection (1), standards may be prescribed for the purposes of, or in relation to, all or any of the following matters: (a) (b) The ﬁtness for intended purpose of animal products: The composition of animal material or products, includ­ ing any limitations or requirements in relation to ingre­ dients or additives: The imposition of limitations or requirements in re­ lation to hazards, wholesomeness, microbiological or chemical status, or the occurrence of other substances in animal material or products: (c) 62 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 4 s 44 (d) (e) (f) (g) The production, processing, and preparation of animal material or products: The genetic modiﬁcation of animal material or products or ingredients or additives: The examining, sampling, and testing of animal mater­ ial or products, or associated things, to determine their composition or status or ﬁtness for intended purpose or suitability for their intended use: The packing, storage, and handling of animal material or products, or associated things: (h) Materials, substances, containers, appliances, and equipment used, or intended for use, in relation to animal material or products or associated things: The carriage and delivery of animal material or prod­ ucts, or associated things: The identiﬁcation and labelling of animal material or products or associated things: The keeping of records and provision of returns and information: Other matters relevant to the management of risk fac­ tors.
(i) (j) (k) (l) (3) A standard may apply generally, or in relation to any 1 or more of the following: (a) Any speciﬁed animal material or product, person or business, activity, or related matter or thing: (b) Any speciﬁed class or classes of animal material or product, person or business, activity, or related matter or thing: The same class of animal material or product, person or business, activity, or related matter or thing in different circumstances.
(c) (4) A standard may authorise or provide for speciﬁcations and matters of detail to be speciﬁed by the Director­General under section 45.
(5) Without limiting the generality of subsection (1), a class of ani­ mal material or product, person or business, activity, or matter may be deﬁned by reference to the premises or place, area, or locality in which the relevant animal material or product 63 Part 4 s 45 Animal Products Act 1999 Reprinted as at 3 September 2007 or matter or thing, is produced, processed, or otherwise dealt with, or occurs.
(6) No prescribed standard may be held invalid merely because it— (a) Confers any discretion on, or allows any matter to be determined or approved by, the Minister, the Director­ General, or any animal product ofﬁcer; or (b) Allows the Minister, the Director­General, or any other person to impose requirements as to the performance of any activities.
(b) (c) In prescribing any standards under this section, the Minister is to have regard to— (a) The need to protect the health of consumers and users of animal products: The desirability of facilitating market access: The desirability of maintaining consistency between New Zealand animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally: Such other matters as the Minister considers relevant.
(d) The Minister may not recommend the prescribing of any ani­ mal product standard unless the Minister is satisﬁed that ap­ propriate consultation has been carried out in accordance with section 163.
Director­General may issue speciﬁcations supplementary to animal product standards The Director­General may from time to time, by notice under section 167, set speciﬁcations and other detailed requirements that— (a) Are speciﬁed or contemplated by or necessary to give effect to any standard prescribed under section 44: (b) Are necessary or desirable to amplify the manner in which any such standard may or must be achieved.
The Director­General may set speciﬁcations under this sec­ tion only after having regard to the matters speciﬁed in section 44(7) and (except where section 163(5) applies) after appro­ priate consultation carried out in accordance with section 163.
(7) (8) 45 (1) (2) 64 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 4 s 46 46 (1) Emergency animal product standards and speciﬁcations The Minister may, by order, issue emergency animal product standards and speciﬁcations if, in the opinion of the Minis­ ter,— (a) An emergency or urgent situation has arisen involving risk to— (i) (ii) Human or animal health; or The integrity or reputation of New Zealand ex­ ports of animal material or products; or (iii) Overseas market access for New Zealand exports (b) of animal material or products; and It is not practicable in the circumstances of the particu­ lar case, in time to deal with the situation, to— (i) Issue or amend regulations or speciﬁcations in accordance with sections 44 and 45; or (ii) Otherwise effectively alleviate or minimise the relevant risk.
(2) Any such order may contain any of the matters speciﬁed in sections 44 and 45.

(3) Any such order must as soon as practicable be— (a) (b) Either published or notiﬁed in the Gazette; and To the extent practicable, brought to the attention of all persons likely to be affected by it.
(4) in the If the order is notiﬁed only, and not published, Gazette,— (a) The Director­General must make copies of the order available for inspection free of charge, and for purchase at a reasonable cost, at the head ofﬁce of the Ministry and at such other places as the Director­General deter­ mines as necessary or appropriate; and The Gazette notice must specify where a copy of the order may be inspected or obtained.
(b) (5) A Ministerial order under this section— (a) Takes effect on such day as may be speciﬁed in the order (which may not be earlier than the day it is notiﬁed or published in the Gazette, except in the case of any person affected who has been supplied with a copy of the order at any earlier time); and 65 Part 5 s 47 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Unless sooner revoked, expires at the end of 6 months after the date of its publication or notiﬁcation in the Gazette, unless extended by the Minister by notice in the Gazette for a further period not exceeding 6 months (at the end of which period it expires).
Before making an order under this section, the Minister must ensure that such consultation as is reasonable and practicable in the circumstances has been undertaken, but section 163 does not apply to an order under this section.

In the case of inconsistency between a Ministerial order under this section and any animal product standard or speciﬁcation prescribed or issued under section 44 or section 45, the Min­ isterial order prevails.
(6) (7) (8) A Ministerial order may be amended at any time in the same manner as it was made.

(9) Despite anything in section 28 of the State Sector Act 1988, the Minister may not delegate to any other person the power to make orders under this section, or to extend or revoke such orders.
(10) Any order made under this section is to be treated for the purposes of the Regulations Disallowance Act 1989 (but not for the purposes of the Acts and Regulations Publication Act 1989) as if it were a regulation within the meaning of that Act.
Part 5 Export of animal material and products Object of this Part The object of this Part is to facilitate sustainable international trade in animal material and animal products from New Zealand by— (a) providing for the specifying of requirements that must be met in relation to all or any classes or descriptions of animal material or animal products for them to be eligible for export; and providing for requirements and systems intended to safeguard ofﬁcial assurances provided by New Zealand in respect of animal material and animal products; and (b) 47 66 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 48 (c) providing for the registration of exporters of animal ma­ terial and animal products, where appropriate.
Paragraph (c) was substituted, as from 26 September 2002, by section 23 Ani­ mal Products Amendment Act 2002 (2002 No 29).

Section 47 was substituted, as from 1 June 2005, by section 13 Animal Products Amendment Act 2005 (2005 No 26).
48 Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered (1) No person may export from New Zealand any animal material or product to which this Part applies unless— (a) The person is registered as an exporter under this Part; or the animal material or product or consignment or person concerned is exempted from the requirements of this section— (i) (ii) By Order in Council made under section 9; or By regulations under this Act or by notice given by the Director­General under section 50.
(2) Subject to subsection (1)(b), this Part applies to— (a) All animal products intended for human or animal con­ sumption: all animal material or products in respect of which— (i) requirements are notiﬁed or made available under section 60A; and an ofﬁcial assurance is required: (ii) Such other animal material or products as are speciﬁed by Order in Council made under section 49.
(b) (b) (c) Subsection (1)(b) was amended, as from 1 June 2005, by section 14(1) Animal Products Amendment Act 2005 (2005 No 26) by substituting the words “the animal material or product or consignment or person concerned is exempted from the requirements of this section—” for the words “The animal material or product or consignment concerned is dairy produce to which section 8 applies, or the material or product or consignment or person is exempted from the re­ quirements of this section—”.
Subsection (2)(b) was substituted, as from 1 June 2005, by section 14(2) Animal Products Amendment Act 2005 (2005 No 26).
67 Part 5 s 49 Animal Products Act 1999 Reprinted as at 3 September 2007 49 (1) Registration of exporters of non­edible, etc, material or products may be required by Order in Council The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, require any 1 or more classes of exporter of animal material or prod­ ucts, being animal material or products of a kind not described in section 48(2)(a) or (b), to register as exporters under this Part in respect of such animal material or products as may be speciﬁed in the order.
(2) Without limiting the generality of subsection (1), the animal material or products to which the order relates may be deﬁned by reference to— (a) (b) (c) (d) The class or description of animal material or product exported or to be exported; or The intended purpose or destination of the animal ma­ terial or product exported or to be exported; or The class or description of operations or processes car­ ried out in relation to the animal material or product ex­ ported or to be exported; or The class or description of premises or place, or the area, in which operations or processes were carried out in relation to the animal material or product exported or to be exported; or Any combination of the above.
(e) The Minister may not recommend the making of an order under this section unless— (a) The Minister is satisﬁed that the order is necessary or desirable— (i) In the interests of protecting the health of hu­ mans or animals, or otherwise to ensure the ﬁt­ ness for intended purpose of the animal product concerned; or For the purpose of facilitating access to overseas markets; or (ii) (iii) To protect the integrity or reputation of New Zealand exports of animal material and prod­ ucts; and In the case of an order recommended on a ground speci­ ﬁed in paragraph (a)(i), there has been appropriate con­ (b) (3) 68 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 51 sultation on the subject­matter of the order in accord­ ance with section 163.
50 (1) Director­General may exempt certain consignments The Director­General may, by notice under section 167, ex­ empt from all or any of the requirements of this Part any par­ ticular consignment or animal material or product or person, or class of consignments or animal material or products or per­ sons, if the Director­General is satisﬁed that the consignment or animal material or product to be exported is— (a) To be used for the purposes of research or development; or To be used as a trade sample or otherwise to assess any overseas market for the initial development of that mar­ ket; or For the personal use or other non­commercial use of the person travelling with the consignment; or (b) (c) (d) Of a kind that may be exempted by the Director­General in accordance with any order or regulations made under this Act.
(2) An exemption under this section may be subject to such con­ ditions as are speciﬁed in the notice.
51 Duties of exporters It is the duty of every exporter of animal material or products to which this Part applies— (a) To ensure that their operations as an exporter do not contravene any relevant requirement of or under this Act; and To export only animal material or products that meet— Any relevant animal product standards and spe­ (i) ciﬁcations; and any relevant requirements pertaining to exports notiﬁed or made available under section 60A; and (ii) (b) (c) To notify the Director­General as soon as possible, and in any case not later than 24 hours after the event or ﬁrst knowledge of the event, in any case where animal 69 Part 5 s 52 Animal Products Act 1999 Reprinted as at 3 September 2007 material or products exported or to be exported by the exporter— (i) Are not ﬁt, or are no longer ﬁt, for intended pur­ pose; or (ii) Are refused entry by the foreign government con­ (iii) cerned; or do not or no longer meet relevant requirements notiﬁed or made available under section 60A; or (iv) Do not have, or no longer have, the required of­ ﬁcial assurances; and (d) To maintain procedures and processes to demonstrate that the record­keeping requirements of and under this Act in relation to the provenance and processing of the animal material or product exported by the exporter are being complied with.
Paragraph (b)(ii) was substituted, as from 1 June 2005, by section 15(1) Animal Products Amendment Act 2005 (2005 No 26).

Paragraph (c)(iii) was substituted, as from 1 June 2005, by section 15(2) Animal Products Amendment Act 2005 (2005 No 26).
Registration of exporters 52 (1) (2) Director­General to maintain register of exporters The Director­General must keep and maintain a register of ex­ porters that records persons authorised under this Part to ex­ port animal material or products to which this Part applies.
The purpose of the register is— (a) To enable members of the public to know who is au­ thorised under this Part to export animal material and products; and To facilitate the ability of the Director­General to— advise exporters of export requirements; and (i) Safeguard ofﬁcial assurances for entry of animal (ii) material and products into overseas markets, in­ cluding in emergency situations; and To facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
(b) (c) (3) The Director­General must— 70 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 54 (a) (b) Keep the register open for public inspection, without fee, during reasonable hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines as necessary or appropriate; and Supply to any person copies of all or part of the register on request and payment of a reasonable charge for the production of the copy.
(4) The register may be kept in such manner as the Director­Gen­ eral thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) That records or stores information electronically or by other means; and That permits the information so recorded to be readily inspected or reproduced in usable form; and That permits the information in the register to be ac­ cessed by electronic means, including (without limita­ tion) by means of remote log on access.
(b) (c) Subsection (2)(b)(i) was substituted, as from 1 June 2005, by section 16 Animal Products Amendment Act 2005 (2005 No 26).
53 Matters to be shown in register of exporters The register of exporters must contain the following particu­ lars in relation to each exporter: (a) The name and address (including the electronic address, if available) of the exporter: the date of registration and the date of expiry of that registration: the date of any deregistration under section 58: Such other particulars as may be required by or under this Act.
(b) (ba) (c) Paragraph (b) was substituted, as from 26 September 2002, by section 24 Ani­ mal Products Amendment Act 2002 (2002 No 29).

Paragraph (ba) was inserted, as from 26 September 2002, by section 24 Animal Products Amendment Act 2002 (2002 No 29).
Applications for registration 54 (1) A person who intends to export any animal material or prod­ uct to which this Part applies (other than animal material or product exempted under section 9 or section 50 or by regula­ tions under this Act) must apply to the Director­General, in a 71 Part 5 s 54 Animal Products Act 1999 Reprinted as at 3 September 2007 manner approved by the Director­General, for registration on the register of exporters.
(2) On receipt of a properly made application accompanied by the prescribed fee (if any), the Director­General must register the applicant as an exporter unless the Director­General considers that— (a) The applicant is not a ﬁt and proper person to be reg­ istered as an exporter, having regard to any conviction of the applicant or any director or manager of the ap­ plicant, whether in New Zealand or overseas, for any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or else­ where) that are regulated under this Act; or There has in the past been a serious or repeated failure by the applicant to comply with duties of the type spe­ ciﬁed in section 51; or There are other good grounds for considering that the applicant is likely in the future to fail to comply with the duties speciﬁed in section 51; or Subsection (3) applies to disqualify the person.
(3) No person may be registered as an exporter unless— (b) (d) (c) (a) (b) They are a New Zealand resident within the meaning of section OE 1 or section OE 2 of the Income Tax Act 2004; or They have an agent who is a New Zealand resident within the meaning of those sections.

For the purpose of assessing the matters speciﬁed in subsection (2), the Director­General may require an applicant to supply information additional to that contained in the application.
If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director­ General may allow, the application lapses.

Subsection (3)(a) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004” for the words “Income Tax Act 1994”.
(4) (5) 72 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 58 55 56 (1) Registration as exporter Where the Director­General determines to register an appli­ cant as an exporter, the Director­General must— (a) Register the person as an exporter on the register, show­ ing the date of registration; and (b) Notify the person in writing accordingly.
Refusal to register If the Director­General proposes to refuse to register a person as an exporter, the Director­General must give the applicant— A notice containing such particulars as will clearly in­ (a) form the applicant of the substance of the grounds on which the Director­General proposes to refuse to regis­ ter the applicant; and (b) A copy of any information on which the Director­Gen­ eral relies in proposing to refuse to register the appli­ cant; and A reasonable opportunity to make written submissions or be heard in respect of the matter.
(c) (2) Where the Director­General ﬁnally determines to refuse to register a person as an exporter, the Director­General must as soon as practicable notify the person, in writing, of— (a) (b) The decision; and The reasons for the decision, and the facts or assump­ tions on which it is based.
57 (1) Annual registration fee payable Every registered exporter is liable to pay, either annually or at such greater interval as may be prescribed, the prescribed fee (if any), in respect of their continued registration.

(2) Any failure to pay the fee by the due date that persists for more than 30 days may result in deregistration under section 58.
58 (1) Deregistration of exporters The Director­General may remove a person from the register of exporters if satisﬁed that— (a) There has been a serious or repeated failure by the ap­ plicant to comply with the duties speciﬁed in section 51; or 73 Part 5 s 58 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) The person is disqualiﬁed from being registered as an exporter by virtue of section 54(3), or is not a ﬁt and proper person to be registered as an exporter having regard to any conviction of a kind referred to in section 54(2)(a) that— (i) Arose after the person’s registration as an ex­ porter; or First came to the attention of the Director­Gen­ eral after the person’s registration as an exporter; or (ii) (2) (c) Any failure to pay the annual fee or other fee prescribed under section 57 by the due date has persisted for more than 30 days.
Before removing a person from the register, the Director­Gen­ eral must— (a) Notify the person in writing of his or her intention, giv­ ing the reasons for that intention and the facts and as­ sumptions on which it is based; and (b) Give the person a reasonable opportunity, within the time speciﬁed in the written notice, to provide evi­ dence, information, and submissions as to why the person should not be removed from the register.
(3) Where the Director­General considers it urgently necessary in the interests of human or animal health, or the integrity or reputation of New Zealand exports,— (a) The Director­General may direct the exporter to sus­ pend all export operations, or such operations as the Director­General may specify, pending a ﬁnal determin­ ation as to whether the exporter should be deregistered, and may also give such directions under section 82 as appear to the Director­General to be reasonable in rela­ tion to any animal material or products under the control of the exporter at the time the direction is given; and (b) Any such direction takes effect from the date of the no­ tiﬁcation under subsection (2), or such later date as the Director­General speciﬁes; and The exporter must comply with the direction.
(c) (4) After considering the material (if any) supplied by a person under subsection (2)(b), the Director­General must— 74 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 60 (a) Make a ﬁnal decision as to whether or not to remove the person from the register; and (b) As soon as practicable, notify the person of the deci­ sion in writing, giving reasons and the facts or assump­ tions on which the decision is based in the case of an unfavourable decision.
Subsection (4) was amended, as from 26 September 2002, by section 25 Animal Products Amendment Act 2002 (2002 No 29) by substituting the expression “subsection (2)(b)” for the expression “subsection (2)(c)”.
59 Refusal to register or decision to deregister may be reviewed in certain cases If a person acting under the delegated authority of the Dir­ ector­General refuses an application to register a person as an exporter, or deregisters a person, the person may seek a review of that decision under section 162.

Market access requirements and ofﬁcial assurances to foreign governments This heading was repealed, as from 1 June 2005, pursuant to section 17 Animal Products Amendment Act 2005 (2005 No 26).
59A Director­General to notify general requirements for animal product or material for export [Repealed] Section 59A was inserted, as from 26 September 2002, by section 26 Animal Products Amendment Act 2002 (2002 No 29).

Section 59A was repealed, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).

Export requirements and ofﬁcial assurances This heading was inserted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).
60 (1) Export requirements The Director­General may, by notice issued under this section, specify requirements in relation to all or any class or descrip­ tion of animal material or animal product intended for export, if the Director­General is satisﬁed that the setting of the re­ quirements— 75 Part 5 s 60A Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) (c) is necessary or desirable for the purpose of facilitating access to overseas markets; or is in accordance with the requirements of the relevant authority of the importing country, or can reasonably be expected to satisfy the requirements of the relevant authority of the importing country; or is necessary or desirable to safeguard assurances pro­ vided by New Zealand.
In specifying requirements under subsection (1) the Director­ General may, where he or she considers it necessary or desir­ able, specify the manner in which the export requirements may or must be met, when this may or must occur, who is respon­ sible for ensuring the requirements are met, and any recording requirements that are to be complied with.
Requirements speciﬁed under subsection (1) may include re­ quirements that the Director­General is satisﬁed are necessary or desirable for the purpose of maintaining consistency with any standards, requirements, or recommended practices that apply or are accepted internationally.

Section 60 was substituted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).
(2) (3) 60A Director­General to notify or make available export (1) requirements The Director­General must— (a) either notify or ensure that there is made available to registered exporters any export requirements speciﬁed under section 60; and (b) make those requirements available for inspection free of charge, or for purchase at reasonable cost, to such exporters, operators of risk management programmes, and other persons as are affected by the requirements.
(2) Nothing in subsection (1) prevents the Director­General from— (a) (b) 76 charging for access to any website, or for information or services provided by any website; or in the case of export requirements that are commercially sensitive, limiting access to those requirements to per­ sons who satisfy the Director­General that their spe­ Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 61 ciﬁc export or processing activities cannot be properly undertaken under this Act unless they have that access.
Sections 60A and 60B were inserted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).
60B Exemption from requirements of food standards where (1) (2) 61 (1) appropriate The Director­General may, by notice under section 167, where satisﬁed that it is appropriate to do so having regard to the requirements of the relevant overseas market,— (a) exempt from the requirements of any food standards is­ sued under Part 2A of the Food Act 1981 or any stan­ dards speciﬁed by notice under section 167 of this Act any 1 or more classes or descriptions of animal material or animal product that is intended for export from New Zealand to any destination other than Australia: exempt from the requirements of any such food stan­ dards that apply only in New Zealand any 1 or more classes or descriptions of animal material or animal product that is intended for export to Australia.
Regulations made under section 166 may also provide for ex­ emptions of a kind referred to in subsection (1)(a) or (b).

Sections 60A and 60B were inserted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).

(b) Director­General may issue ofﬁcial assurances The Director­General, or a person authorised by the Director­ General under section 65, may issue an ofﬁcial assurance in respect of animal material or animal product.
(2) Without limiting the matters to which an ofﬁcial assurance may apply, an ofﬁcial assurance is a general statement to a foreign government, or an agent of a foreign government, at­ testing that, as appropriate, any 1 or more of the following applies in respect of any animal material or animal product: (a) any speciﬁed process has been completed under this Act with respect to the animal material or product con­ cerned: the animal product concerned meets the applicable ani­ mal product standards set under this Act: (b) 77 Part 5 s 61A Animal Products Act 1999 Reprinted as at 3 September 2007 (c) (d) any requirements speciﬁed by notice under section 60A that are stated in the assurance have been met: the situation in New Zealand, in relation to any matter concerning animal material or animal products, is as stated in the assurance.
(3) An ofﬁcial assurance is not a guarantee that the contents of all or any particular consignment of animal material or animal products to which it relates— (a) necessarily meet the commercial requirements of the importer; or are ﬁt for consumption or use no matter what the status or description of the consumer or user, or what has hap­ pened to the consignment or what has been its treatment since it left New Zealand; or are ﬁt for consumption or use for a purpose other than that for which they were intended.
(b) (c) Section 61 was substituted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).

61A No Crown liability The Crown is not liable, and nor is the Director­General or any employee of the Ministry liable, for any loss arising through the refusal or failure of the relevant authority of an overseas market to admit export animal material or animal product to that market.
Section 61A was inserted, as from 1 June 2005, by section 17 Animal Products Amendment Act 2005 (2005 No 26).

Form and content of ofﬁcial assurance 62 (1) An ofﬁcial assurance may be in the form of a certiﬁcate or declaration or in such other form as may be determined by the Director­General.
(2) An ofﬁcial assurance may relate to— (a) One or more consignments of animal material or prod­ uct; or (b) One or more producers or processors or exporters of animal material or product; or One or more export destinations; or (c) (d) Any combination of the above.
78 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5 s 64 (3) An ofﬁcial assurance may be communicated to its appropri­ ate destination by writing, fax, electronic means, or any other form of communication that is accurate, clear, and veriﬁable.

The Director­General may, by notice under section 167, issue speciﬁcations setting out requirements and procedures for the issue and control of ofﬁcial assurances.
(4) (2) Obtaining of ofﬁcial assurance 63 (1) A person who wishes to obtain an ofﬁcial assurance in respect of any animal material or product for export may apply in a manner approved by the Director­General, and must supply any information required by the Director­General and pay any relevant fee.

The Director­General need not issue an ofﬁcial assurance un­ less satisﬁed that the information obtained from the applicant justiﬁes the giving of the assurance.
Subsection (1) was amended, as from 26 September 2002, by section 27 Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “any information required by the Director­General and pay any relevant fee” for the words “such information and pay such fee (if any) as is prescribed by regulations under this Act or speciﬁed by the Director­General by notice under section 167”.
Ofﬁcial assurance may be withdrawn, and reissued 64 (1) An ofﬁcial assurance may be withdrawn by the Director­Gen­ eral or other authorised person if the Director­General or per­ son is satisﬁed that— (a) The assurance was incorrectly or inappropriately given; or Events or circumstances occurring since the assurance was given mean that it no longer holds true, or is mis­ leading.
(b) (2) The Director­General or other authorised person may, on ap­ plication in a manner approved by the Director­General and on payment of the prescribed fee (if any), reissue the ofﬁcial assurance (with any modiﬁcations, if appropriate) as a new of­ ﬁcial assurance.

Subsection (2) was amended, as from 26 September 2002, by section 28 Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “or other authorised person” after the expression “Director­General” where it ﬁrst occurs.
79 Part 5 s 65 Animal Products Act 1999 Reprinted as at 3 September 2007 65 Persons who may be authorised to issue ofﬁcial assurances The Director­General may designate 1 or more persons em­ ployed within the Ministry as authorised persons who may issue ofﬁcial assurances for the purposes of this Part.

Part 5A Game estates Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65A Object of this Part (1) (2) The main object of this Part is to facilitate the tracing of any animal material or product intended for human or animal con­ sumption that is derived from animals from game estates, thus helping to ensure proper treatment of the animal material or product.
This is achieved by requiring the listing of game estates from which edible parts of game estate animals are removed (while leaving unaffected the ability to dispose of skins, hides, horns, antlers, or other material that is not for human or animal con­ sumption).

Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).

65B What is a game estate?


A game estate is a place within which animals are kept (whether all of the time or only some of the time), as if in the wild, for the purpose of providing opportunities for persons to hunt or catch them as recreational catch as if in the wild, being animals of a species, kind, or description speciﬁed for the purposes of this section by notice under section 167.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65C Use and disposal of animal material and product from game estate animals (1) A client hunter may kill or process a game estate animal himself or herself (either on the game estate or on the client hunter’s own property), or have it processed by a listed 80 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5A s 65D homekill or recreational catch service provider, in accordance with section 68.
(2) A game estate operator may dress and process a game estate animal for a client hunter only if the operator is a listed home­ kill or recreational catch service provider, except as provided in subsection (3).
(3) Nothing in Part 6 or in subsection (2) of this section requires a game estate operator to be listed as a homekill or recreational catch service provider if— (a) the operator only carries out limited processing, such as removing trophy heads or skinning killed animals; or the only processing carried out by the operator (beside any limited processing referred to in paragraph (a)) is the preparation and serving of the recreational catch as a meal to its catcher or members of the catcher’s party.
(b) (4) A game estate operator may also— (a) (b) (c) in accordance with section 67, have any game estate animal from his or her estate (whether or not caught or killed by a client hunter) killed or processed by a listed homekill or recreational catch service provider for the operator’s own use or consumption as if the operator were the owner and farmer of the animal: sell or otherwise dispose of any parts of a game es­ tate animal (including such things as skins, hides, and trophy heads) from the operator’s estate, by whomever caught or killed or processed, that are not for human or animal consumption: sell or dispose of any parts of such an animal to a ren­ derer in accordance with any conditions imposed by the Director­General by notice under section 167.
(5) A game estate operator who is listed under this Part may also present killed game estate animals for primary processing in accordance with Parts 2 to 4 for use or consumption as regu­ lated animal product.

Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65D Game estates that must be listed A game estate must be listed under this Part if— 81 Part 5A s 65E Animal Products Act 1999 Reprinted as at 3 September 2007 (a) any edible parts of game estate animals killed by client hunters on the game estate are allowed by the operator to be removed by the client hunters (except to the extent they are intended for use as trophies); or the operator wishes to supply game estate animal ma­ terial for processing in accordance with Parts 2 to 4 for use or consumption as regulated animal product.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).

(b) 65E Director­General to maintain list of game estates (1) The Director­General must keep and maintain a list of all game estates to which section 65D applies.
The purpose of the list is— (a) to enable members of the public to know— (i) what places are listed game estates for the pur­ poses of this Act; and (ii) who is recognised by law as authorised to operate a listed game estate for the purposes of this Act; and (b) to facilitate the compliance, audit, and other functions of the Ministry as the agency with regulatory functions under this Act.
The Director­General must— (a) keep the list open for public inspection, without fee, during ordinary ofﬁce hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines; and supply to any person copies of all or part of the list on request and payment of a reasonable charge for the production of the copy.

(b) (2) (3) (4) The list may be kept in such manner as the Director­General thinks ﬁt.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65F Matters to be shown in list of game estates The list of game estates must contain the following particulars in relation to each game estate: 82 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 5A s 65H (a) (b) (c) (d) (e) the name and address (including the electronic address, if available) of the game estate operator: the address or location of the place comprising the game estate: the species or kinds of game estate animal available for hunting: the date on which the game estate was listed: such other particulars as may be prescribed by notice or regulations under this Act.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).

65G Applications for listing A person who wishes to operate a listed game estate must ap­ ply to the Director­General in a manner approved by the Dir­ ector­General for listing as a game estate.

Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65H Listing as game estate (1) On receipt of a properly made application accompanied by the prescribed fee (if any), the Director­General must list the applicant’s operation as a game estate if satisﬁed that— (a) the operation is a game estate to which section 65D ap­ plies; and having regard to the objects and requirements of this Act, there is no good reason why the operation should not be listed as a game estate.
(b) (2) Where the Director­General determines to list an applicant’s operation as a game estate, the Director­General must— (a) include the applicant and the applicant’s game estate operation on the list of game estates; and notify the applicant in writing accordingly.

(b) Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
83 Part 5A s 65I Animal Products Act 1999 Reprinted as at 3 September 2007 65I Refusal to list If the Director­General determines to refuse to list an appli­ cant’s operation as a game estate, the Director­General must, as soon as practicable, notify the applicant in writing of— (a) (b) the decision; and the reasons for the decision, and the facts or assump­ tions on which it is based.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65J Delisting (1) The Director­General may remove any game estate from the list if— (a) (b) the listed operator so requests; or the Director­General is satisﬁed that the criteria referred to in section 65H no longer apply, or the place is no longer operated as a game estate; or any failure to pay the listing fee (if any) by the due date has persisted for more than 30 days.
(c) (2) (3) Before delisting a game estate on any of the grounds referred to in subsection (1)(b) and (c), the Director­General must— (a) notify the game estate operator in writing of his or her intention; and give the person a reasonable opportunity, within the time speciﬁed in the written notice, to explain why the game estate should not be delisted, or to pay the unpaid fee.
(b) The delisting of a game estate under this section does not affect the right of a person to make a further application for listing under section 65G.

Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
65K Review of decision to refuse to list, or to delist If a person acting under the delegated authority of the Director­ General refuses an application to list an operation as a game estate, or delists a game estate, the person aggrieved by the decision may seek a review of the decision under section 162.
84 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 6 s 66 Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).

65L Listing fee payable Every operator of a listed game estate is liable to pay, either annually or at such greater intervals as may be prescribed, the prescribed fee (if any) in respect of the continued listing of the game estate.
Part 5A (comprising sections 65A to 65L) was inserted, as from 26 September 2002, by section 29 Animal Products Amendment Act 2002 (2002 No 29).
Part 6 Homekill and recreational catch 66 (1) (2) Object of this Part The principal objects of this Part are— (a) To allow for owners of animals and recreational hunters and ﬁshers to kill and process their own animals and recreational catch, or have it done for them by cer­ tain identiﬁed persons, outside the normal regulatory requirements of this Act, provided that the animal or recreational catch is for their own use or consumption and is not traded: To ensure that homekill and recreational catch is treated entirely separate from, and cannot be mingled with or traded as, regulated animal products.
(b) In particular, this Part provides for— (a) The listing of persons who may undertake homekill or recreational catch services on behalf of animal owners or recreational hunters and ﬁshers: (b) A prohibition on any person undertaking such services at any premises or place where regulated animal prod­ ucts are processed, except in the case of retail butchers who also list as homekill or recreational catch service providers: Dual operator butchers to operate under a risk manage­ ment programme that speciﬁcally recognises and takes account of the risk factors involved in carrying out dual operations at the same premises or place.
(c) 85 Part 6 s 67 Animal Products Act 1999 Reprinted as at 3 September 2007 Subsection (2)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “risk factors” for the words “risks”.
Homekill allowed 67 (1) Nothing in this Act prevents an animal owner from— (a) (b) killing or processing the animal himself or herself on his or her own property; or in the case of an animal owner who has been actively en­ gaged in the day­to­day maintenance of the animal, or of other animals of the same kind, for a period of at least 28 days immediately preceding the killing of the ani­ mal, having the animal killed or processed, otherwise than in accordance with Parts 2 to 4, by a listed home­ kill or recreational catch service provider on the service provider’s premises or place or the animal owner’s own property,— so long as the resulting homekill product is for the use or con­ sumption of the animal owner (including his or her family or household), and not for trade; and Parts 2 to 4 do not apply to any such homekill.
For the purposes of subsection (1), homekill product will be treated as being for the use or consumption of the owner, and not for trade, if— (a) In the case of an animal belonging to a farmer, the farmer supplies the homekill product to an employee of the farmer who is employed in an ongoing manner in the farmer’s daily farming operations, for the use or con­ sumption of that employee (including his or her family or household); or the edible part of the homekill product is for the use or consumption of the owner (or the owner’s family, household, or farm employee), and the only parts of the homekill product that are traded— (i) (ii) are not for human or animal consumption; or are sold or disposed of to a renderer in accord­ ance with any conditions imposed by the Dir­ ector­General by notice under section 167.
(b) (2) 86 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 6 s 68 (3) Despite subsection (1), animal product from an animal that is killed at a location other than the animal owner’s own prop­ erty or a listed service provider’s premises or place, or by a person other than the owner or a listed service provider, may nevertheless be treated as homekill product if— (a) Humane reasons necessitated the killing of the animal at that other location or by that other person; and The other requirements of this section are otherwise met in relation to the animal and material derived from the animal (except to the extent that any immediately as­ sociated processing is required at the location of the killing).
(b) (4) In this section, own property, in relation to an animal owner, means land which the owner— (a) Owns or leases; or (b) Has a legal right to occupy or use, and does in fact oc­ cupy, or use to conduct farming or similar operations.

Subsection (1) was substituted, as from 26 September 2002, by section 30(1) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (2)(b) was substituted, as from 26 September 2002, by section 30(2) Animal Products Amendment Act 2002 (2002 No 29).
Processing of recreational catch 68 (1) Nothing in this Act prevents a person who has hunted or har­ vested an animal as recreational catch from— (a) Killing or processing the animal himself or herself, on his or her own property or at or near the place where the animal was hunted or harvested; or (b) Having the animal killed or processed, otherwise than in accordance with Parts 2 to 4, by a listed homekill or recreational catch service provider, on the service provider’s premises or place or on the catcher’s property or at or near the place where the animal was hunted or harvested,— so long as the recreational catch product is for the use or con­ sumption of the catcher (including members of the catcher’s party or family or household), and not for trade; and Parts 2 to 4 do not apply to any such recreational catch.
87 Part 6 s 69 Animal Products Act 1999 Reprinted as at 3 September 2007 (2) (3) For the purposes of subsection (1), recreational catch prod­ uct will be treated as being for the use or consumption of the catcher, and not for trade, if— (a) The edible part of the product is for the use or consump­ tion of the catcher (or members of the catcher’s party or family or household); and the only parts of the recreational catch product that are traded— (i) (ii) are not for human or animal consumption; or are sold or disposed of to a renderer in accord­ ance with any conditions imposed by the Dir­ ector­General by notice under section 167.
(b) For the purposes of this Act, customary catch that is duly au­ thorised under the Fisheries Act 1996 is to be treated as recre­ ational catch that complies with the requirements of this sec­ tion, so long as it is used for the purposes for which such catch is authorised.

Subsection (2)(b) was substituted, as from 26 September 2002, by section 31 Animal Products Amendment Act 2002 (2002 No 29).
69 Homekill and recreational catch service providers (1) Despite anything in this Act, but subject to section 70, the fol­ lowing persons may kill or process for reward, for the owner or hunter or harvester of the animal, any animal or animal ma­ terial that is homekill or recreational catch without needing to have or comply with a risk management programme, or to comply with any other requirement imposed by or under Parts 2 to 4: (a) (c) (b) Persons listed as homekill or recreational catch service providers under section 76: Persons who are in the business of providing meals and who prepare and serve recreational catch as a meal to its catcher and members of the catcher’s party: Any other class of persons speciﬁed for the purposes of this section by regulations made under this Act.
Except as provided in section 70, a person listed as a home­ kill or recreational catch service provider under this Part is ex­ empt from the requirement to operate under a risk management programme in respect of the processing of animal material or (2) 88 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 6 s 70 products that are homekill or recreational catch; and nothing in Parts 2 to 4 applies in respect of such operations.
(3) Nothing in section 131(2)(c) prevents a person referred to in paragraphs (a) to (c) of subsection (1) from trading or other­ wise disposing of animal material derived from the processing of homekill or recreational catch if the animal material— (a) is skins, hides, horns, antlers, or other material that is not for human or animal consumption; or is sold or disposed of to a renderer in accordance with any conditions imposed by the Director­General by no­ tice under section 167.
(b) 70 (1) (2) Subsection (3) was inserted, as from 26 September 2002, by section 32 Animal Products Amendment Act 2002 (2002 No 29).
Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place Except as provided in subsection (2), no person may carry out at the same premises or place both— (a) homekill or recreational catch processing operations; and the processing of, or trade in, any regulated animal product for human or animal consumption.
(b) Subsection (1) does not apply to— (a) (b) retail butchers acting in accordance with section 71; or persons who are in the business of providing meals con­ taining or consisting of regulated animal product, to the extent only that those persons also prepare and serve recreational catch as a meal to its catcher and members of the catcher’s party; or game estate operators who are in the business of pro­ viding meals containing or consisting of regulated prod­ uct to client hunters and their parties, to the extent that they also prepare and serve a client hunter’s recreational catch as a meal to the client hunter and members of the client hunter’s party; or listed game estate operators who are also listed homekill or recreational catch service providers, to the extent that they perform homekill or recreational catch services— (c) (d) 89 Part 6 s 71 Animal Products Act 1999 Reprinted as at 3 September 2007 (i) (ii) to client hunters in respect of animals taken by the client hunters; or in respect of animals owned by the game estate oper­ ator that are to be processed and consumed by the game estate operator (including the operator’s family, house­ hold, or employees).
Section 70 was substituted, as from 26 September 2002, by section 33 Animal Products Amendment Act 2002 (2002 No 29).
Requirements for dual operator butchers 71 (1) A retail butcher may carry out, at the same premises or place, both regulated animal product operations or trade and home­ kill or recreational catch operations, but only subject to the following conditions: (a) The retail butcher must be listed as a homekill or recre­ ational catch service provider: (c) (ba) (b) No animal that is homekill or recreational catch may be killed on or at any premises or place where regulated animal product is processed or traded: regulated animal product must be processed and stored separately from any homekill or recreational catch ani­ mal material or product: The dual operator butcher must operate under a risk management programme in respect of all regulated ani­ mal products within the retail butchery business (and accordingly is deemed to have made an election under section 32) at the premises or place concerned, and may not operate under the Food Act regime at the premises or place: In addition to any other matters required under Part 2, the risk management programme of the dual operator butcher must identify and specify the following matters: The unique risk factors inherent in having home­ (i) kill or recreational catch processed in a place or premises where regulated animal products are also processed or traded: The measures to be taken to ensure that homekill and recreational catch products are not confused with regulated animal products, and do not enter (ii) (d) 90 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 6 s 72 the dual operator’s normal retail butcher trade or other trade in regulated animal products for human or animal consumption: (iii) The measures to be taken to ensure that no product from the business, whether homekill, recreational catch, or regulated animal product for human or animal consumption, is exported, whether by the service provider or any other person (otherwise than as speciﬁcally provided by section 50 in the case of the person whose homekill or recreational catch it was).
For the avoidance of doubt, homekill or recreational catch product may not be treated as regulated animal product merely because it is processed at any premises or place subject to a risk management programme as required by subsection (1)(c) and (d).

Subsection (1)(ba) was inserted, as from 26 September 2002, by section 34 Ani­ mal Products Amendment Act 2002 (2002 No 29).
Subsection (1)(d)(i) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “risk factors” for the word “risks”.
Product processed by homekill or recreational catch service provider ceases to be regulated animal product If a homekill or recreational catch service provider at any time processes any animal product sourced from operations sub­ ject to a registered risk management programme or a regu­ lated control scheme or the Food Act regime (or from premises licensed under the Meat Act 1981), then, unless subsection (2) applies, that product ceases to be regulated animal prod­ uct, and cannot be traded.
Subsection (1) does not apply to the processing of animal prod­ uct by a dual operator butcher at the dual operator butcher’s premises or place under the dual operator butcher’s registered risk management programme for regulated animal products, and in this case the animal product remains regulated animal product that can be traded.
(2) 72 (1) (2) 91 Part 6 s 73 Animal Products Act 1999 Reprinted as at 3 September 2007 Listing of homekill and recreational catch service providers (b) Director­General to maintain list of homekill and recreational catch service providers The Director­General must keep and maintain a list of home­ kill and recreational catch service providers that records all persons listed to kill or process for reward homekill or recre­ ational catch of another person.
The purpose of the list is— (a) To enable members of the public to know who is recog­ nised by law to provide homekill and recreational catch services; and To facilitate the compliance, audit, and other functions of the Ministry as the agency with regulatory functions under this Act.
The Director­General must— (a) Keep the list open for public inspection, without fee, during ordinary ofﬁce hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines; and Supply to any person copies of all or part of the list on request and payment of a reasonable charge for the production of the copy.
(b) The list may be kept in such manner as the Director­General thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) That records or stores information electronically or by other means; and That permits the information so recorded to be readily inspected or reproduced in usable form; and That permits the information to be accessed by elec­ tronic means, including (without limitation) by means of remote log on access.
(b) (c) 73 (1) (2) (3) (4) 92 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 6 s 76 74 Matters to be shown in list of homekill and recreational catch service providers The list of homekill and recreational catch service providers must contain the following particulars in relation to each homekill or recreational catch service provider: (a) The name and address (including the electronic address, if available) of the service provider: The premises or place or area of operations of the ser­ vice provider where killing and processing of homekill or recreational catch is carried out: (b) (c) Whether or not the service provider is a dual operator (d) (e) butcher: The date on which the service provider was listed: Such other particulars as may be prescribed by or under this Act.
Applications for listing 75 (1) A person (including a dual operator butcher) who wishes to provide the service of killing or processing the homekill or recreational catch of another person for reward may apply to the Director­General in a manner approved by the Director­ General for listing as a homekill or recreational catch service provider.
(2) A person may not apply for listing under this section if the person also processes for sale or reward or otherwise trades in any regulated animal product for human or animal consump­ tion at the premises or place where it is proposed to carry out homekill or recreational catch operations, other than in their capacity as a retail butcher.
(3) On receipt of a properly­made application accompanied by the prescribed fee (if any), the Director­General must list the ap­ plicant as a homekill or recreational catch service provider if satisﬁed that the person is not precluded from listing by sub­ section (2).
76 Listing as homekill or recreational catch service provider Where the Director­General determines to list an applicant as a homekill or recreational catch service provider, the Director­ General must— 93 Part 6 s 77 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) Include the person on the list of homekill and recre­ ational catch service providers, showing the date of list­ ing; and (b) Notify the person in writing accordingly.
77 (1) (2) (3) (4) Annual listing fee payable Every listed homekill or recreational catch service provider is liable to pay, either annually or at such greater intervals as may be prescribed, the prescribed fee (if any) in respect of their continued listing.

The Director­General may remove a person from the list of homekill and recreational catch service providers if satisﬁed that any failure to pay the prescribed fee by the due date has persisted for more than 30 days.
Before removing a person from the list, the Director­General must notify the person in writing of his or her intention, and give the person a reasonable opportunity, within the time spe­ ciﬁed in the written notice, to pay the unpaid fee.

The removal of a person from the list under this section does not affect their right to make a further application for listing under section 75.
Part 7 Ofﬁcers, powers, etc Appointment of ofﬁcers 78 (1) (2) Appointment of animal product ofﬁcers The Director­General may from time to time appoint persons as animal product ofﬁcers for the purposes of this Act.

Persons appointed under subsection (1) must be employed under the State Sector Act 1988.
(3) An animal product ofﬁcer may be authorised, on his or her appointment, to exercise all of the powers and functions con­ ferred on animal product ofﬁcers under this Act, or only those powers and functions speciﬁed in the ofﬁcer’s instrument of appointment or subsequent written notice from the Director­ General to the ofﬁcer.
94 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 80 (2) 79 (1) Appointment of ofﬁcial assessors The Director­General may from time to time appoint ofﬁcial assessors for the purpose of carrying out such routine exam­ inations of animal material and products as may be required for the purposes of this Act, and particularly for the purpose of enabling ofﬁcial assurances to be given under this Act.

Per­ sons appointed under this subsection must be employed under the State Sector Act 1988.
The Minister may from time to time appoint as ofﬁcial as­ sessors for the purposes of this Act persons employed in a State enterprise within the meaning of the State­Owned Enterprises Act 1986 or within a Crown entity as deﬁned in the Public Finance Act 1989, for the purpose of carrying out routine examinations of animal material and products for the purposes of this Act, and particularly for the purpose of enabling ofﬁcial assurances to be given under this Act.
(3) An ofﬁcial assessor may be authorised, on his or her appoint­ ment, to exercise all of the powers and functions conferred on ofﬁcial assessors under this Act, or only those powers and functions speciﬁed in the assessor’s instrument of appointment or subsequent written notice from the Director­General to the assessor.
(4) No person is to be treated as employed in the State ser­ vices for the purposes of the State Sector Act 1988, or in the Government service for the purposes of the Government Superannuation Fund Act 1956, by reason only of the person’s appointment under subsection (2).

The Minister may at any time suspend or revoke an appoint­ ment made under this section.
Subsection (2) was amended, as from 26 September 2002, by section 35 Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “or within a Crown entity as deﬁned in the Public Finance Act 1989” after the words “State­Owned Enterprises Act 1986”.

(5) Powers of Director­General 80 Director­General may issue notices The Director­General may from time to time issue notices as speciﬁed in section 167.
95 Part 7 s 81 Animal Products Act 1999 Reprinted as at 3 September 2007 81 (1) (2) Director­General may give directions The Director­General may, by notice in writing, give direc­ tions to any or all animal product ofﬁcers, ofﬁcial assessors, recognised persons, or recognised agencies as to the exercise of their functions under this Act.
The Director­General may, by notice in writing, give such di­ rections to the following persons as may be appropriate and reasonable concerning the taking of preventative or corrective action in respect of animal material or product that the Dir­ ector­General cannot be reasonably satisﬁed will meet the re­ quirements of this Act in the absence of such action: (a) Any operator or person in charge of a risk management programme: (c) (b) Any operator or person in charge of an animal product business subject to a regulated control scheme: Any operator or person in charge of an animal product business that supplies animal material or product to any other person: (d) Any exporter: (e) Any person in control of, or reasonably appearing to be in control of, any animal material or product.
Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
81A Director­General may require declarations as to supply or movement of animals, animal material, or animal products The Director­General may, by notice under section 167, re­ quire the owner or person in control (or reasonably appear­ ing to be in control) of any animal, animal material, or animal product to complete and supply, in accordance with the notice, a declaration under this section where— (a) there is to be a change of ownership in the animal, ani­ mal material, or animal product concerned; or the animal, animal material, or animal product is to be moved to a new premises, property, or place.
(b) The notice may require the declaration to contain all or any of the following information: (1) (2) 96 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 81A (a) matters relating to the management of the animal from date of birth (if appropriate): (ii) (d) (e) (b) matters relating to the history of the animal, animal ma­ terial, or animal product, including, where appropri­ ate,— (i) identiﬁcation or details of any owner or previous owner of the animal or animal material, or any person who presented or supplied the animal or animal material to the person required to make the declaration: identiﬁcation or details of the area or place where the animal was kept or was taken, harvested, or procured, and any surrounding area or place that the animal may have had access to: (c) matters relating to treatments or applications applied to the animal or to which the animal has been exposed by way of veterinary medicines or agricultural compounds: information relating to the feeding of the animal: information relating to the possible exposure of the ani­ mal or animal material or product to hazards: information relating to any movement or related con­ trols imposed in respect of the animal, animal material, or animal product: the status of the animal, animal material, or animal product in relation to any testing performed: the place the animal, animal material, or animal product is being moved from, the place it is being moved to, and any previous place it has been moved from: matters relating to the transport or movement of the ani­ mal or animal material or animal product: in the case of animal material taken by a hunter or client hunter or game estate operator, the place where the ani­ mal was killed or caught and the place the animal ma­ terial is being sent to: the existing and new owner of the animal, animal ma­ terial, or animal product: any other matter necessary or relevant to establishing the suitability of the animal or animal material for pro­ cessing for human or animal consumption.
(k) (g) (h) (f) (l) (i) (j) 97 Part 7 s 81B Animal Products Act 1999 Reprinted as at 3 September 2007 (3) (4) The notice may require the declaration— (a) to accompany the animal, animal material, or animal product, or be provided to the recipient or new owner of the animal, animal material, or animal product by post, fax, email, or other appropriate means: to be kept by all or any of the supplier, recipient, or new owner of the animal, animal material, or animal product for a period of up to 4 years.
(b) In considering whether to require declarations under this sec­ tion, the Director­General must have regard to the following matters: (a) the need to protect the health of consumers and users of animal material and animal products: the desirability of facilitating market access for animals, animal material, and animal products: the desirability of maintaining consistency between New Zealand animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally.
(b) (c) Sections 81A and 81B were inserted, as from 26 September 2002, by section 36 Animal Products Amendment Act 2002 (2002 No 29).
81B Director­General may impose movement and related controls The Director­General may, by notice to the owner, operator, or person in control (or reasonably appearing to be in control) of any animal, animal material, or animal product business concerned, impose or provide for the imposition of movement or related controls in accordance with this section if the Dir­ ector­General has reasonable ground to suspect the existence of a hazard or source of contamination (a risk source) that may affect animals or animal material that may be processed for human or animal consumption.
The notice must specify the particular risk source, whether by reference to— (a) a place or area (where, for instance, there may be con­ tamination from the land or the environment); or a particular person or animal product business, or an identiﬁed class of persons or animal product businesses (b) (1) (2) 98 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 81B (c) (where, for instance, the contamination may be from human intervention or omission); or an animal or any animal material, or any identiﬁed group of animals or class of animal material (where, for instance, the contamination may be transmissible); or any other appropriate thing or circumstance.
(d) The movement or related controls— (a) may be imposed in relation to any animals, animal ma­ terial, place or area, activity, animal product business, or associated thing that— (i) (ii) may be affected by the risk source: is suspected to be the risk source; or (3) (b) must be of a nature directed at minimising the risk to humans or animals of detrimental effects.
(4) Without limiting the generality of subsection (3), the controls may— (a) (b) restrict, apply conditions to, or prohibit the movement, trade in, or presentation for processing of any animal or animal material, or any class of animal or animal material, that is suspected of being contaminated: contain directions that speciﬁed actions in relation to the risk source, or the animals or animal material that may be affected by it, are to be taken to minimise the risk of harm to humans and animals, including— (i) isolation of the animals, animal material, or place concerned: the conﬁning, detention, storage, or treatment of animals, animal material, or things that have been in contact with or exposed to the risk source or contaminated animals or animal material: forms of intervention in the possible trade in con­ taminated animals or animal material, or animals or animal material or products exposed to the risk source or to animals or animal material suspected of being contaminated: sampling, testing, or analysis to be undertaken by the owner or person in charge of the property, place, animals, animal material, or animal prod­ uct business, or by any other person, to the ex­ (ii) (iii) (iv) 99 Part 7 s 82 Animal Products Act 1999 Reprinted as at 3 September 2007 tent reasonable and necessary or desirable to de­ termine the contamination status of the relevant property, place, animals, material, or business.
(5) A notice under this section may— (a) (b) direct the keeping of records or documentation in re­ spect of any matters the subject of the notice: include a requirement for the recipient of the notice to notify the Director­General when all or any of the risk source is disposed of.

(6) The notice continues in force until revoked, or until such ear­ lier time as is speciﬁed in the notice.

(7) A notice may at any time be amended or revoked in the same manner as that in which it was issued.
Section 164(2) to (4) applies to the issue of notices under this section as if— (a) (b) they were notices of a kind listed in section 167; and section 164(3) applied in cases where it was not pos­ sible, reasonable, or practical to notify a matter in ac­ cordance with section 164(2).
For the purposes of this section,— (a) the Director­General may approve systems for particu­ lar notices to be issued automatically on the occurring of a particular event or set of circumstances that indi­ cates the likelihood of a particular risk source arising and the need for measures that will minimise the risk; and any notices so issued are deemed to be issued by the Director­General under this section.
(b) Sections 81A and 81B were inserted, as from 26 September 2002, by section 36 Animal Products Amendment Act 2002 (2002 No 29).
Power to direct disposal, etc, of animal material or product in certain circumstances This section applies in relation to a situation where the Dir­ ector­General— (a) Suspends operations under a registered risk manage­ ment programme in accordance with section 27; or (b) Deregisters a risk management programme in accord­ ance with section 28; or (8) (9) 82 (1) 100 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 82 (c) (d) (e) Accepts a surrender of registration under section 29, in circumstances where no agreement has been reached on how it is proposed to deal with any remaining animal material or product covered by the risk management programme; or Suspends export operations of an exporter in accord­ ance with section 58; or.
suspends an operation subject to a regulated control scheme, or deregisters or accepts deregistration of an operator or operation that is subject to a regulated con­ trol scheme, as is provided for in the relevant regula­ tions.
In a situation to which this section applies, the Director­Gen­ eral may, whether immediately before, at the same time as, or after taking the relevant action referred to in subsection (1),— Give directions to the relevant operator, person in (a) charge (or person who reasonably appears to be in charge), owner of the product or material concerned, or exporter, or any of them, on the handling, storage, fur­ ther processing, transport, identiﬁcation, classiﬁcation, reclassiﬁcation, veriﬁcation, condemnation, destruc­ tion, or disposal of the animal material or product affected by the deregistration, surrender, or suspension; and (b) Where any such directions are not complied with, undertake the appropriate directed activities himself or herself (through animal product ofﬁcers or other Min­ istry ofﬁcers or employees) in relation to the affected animal material or product.
The Director­General may recover all actual and reasonable costs of any activities undertaken under subsection (2)(b) from the person to whom the direction in question was given under subsection (2)(a) and who failed to comply with the direction.

Subsection (1)(d) was amended, as from 1 June 2005, by section 18 Animal Products Amendment Act 2005 (2005 No 26) by inserting the expression “; or”.
Subsection (1)(e) was inserted, as from 1 June 2005, by section 18 Animal Prod­ ucts Amendment Act 2005 (2005 No 26).
(2) (3) 101 Part 7 s 83 Animal Products Act 1999 Reprinted as at 3 September 2007 83 (1) Director­General may give statements as to New Zealand animal product standard The Director­General may give statements in writing as to New Zealand animal product standard, upon request and on payment of the prescribed fee (if any), for any particular con­ signment or animal product or class of consignments or animal products, if the Director­General is satisﬁed that the animal product or consignment concerned has been processed in ac­ cordance with any applicable requirements of this Act to the relevant animal product standard.
(2) A statement as to New Zealand standard is not a guarantee that the contents of all or any particular consignment of animal products to which it relates— (a) Necessarily meet the commercial requirements of the consumer; or (b) Are ﬁt for consumption or use no matter what the status or description of the consumer or user, or what has hap­ pened to the consignment or what has been its treatment in transit in New Zealand or since it left New Zealand; or Are ﬁt for consumption or use for a purpose other than that for which they were intended.
(c) (3) The Director­General may determine the form and content of a statement as to New Zealand animal product standard.

(4) A statement as to New Zealand animal product standard may be withdrawn at any time by the Director­General if the Dir­ ector­General is satisﬁed that— (a) The statement was incorrectly or inappropriately given; or Events or circumstances occurring since the statement was given mean that it no longer holds true, or is mis­ leading.
(b) Subsection (1) was amended, as from 1 June 2005, by section 19 Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “in accord­ ance with any applicable requirements of this Act to the relevant animal prod­ uct standard” for the words “under a risk management programme or regulated control scheme (or both) to the relevant New Zealand animal product standard for its intended purpose”.
102 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 85 84 (1) (2) 85 (1) (2) Privileged statements by Director­General The Director­General may from time to time, for the purpose of protecting the public, publish under this section statements relating to any animal material or animal product, or to any matter contained or implied in advertisements, either generally or in any particular advertisement or class or classes of adver­ tisements, relating to any animal material or animal product.
Every statement published under this section is protected by qualiﬁed privilege.
Recall of animal material and animal product The Director­General may, for the purpose of examining, re­ classifying, rectifying, or disposing of any animal product that is not ﬁt for intended purpose or whose ﬁtness is in doubt, or that is mislabelled or incorrectly identiﬁed, issue a notice in writing directing the recall of that product and requiring the product to be taken to a place speciﬁed in the notice, or a place agreed to between the Director­General and the recipient of the notice.
The Director­General may, for the purpose of examining, con­ trolling, or disposing of any material that he or she has reason to believe is being or has been misrepresented as being animal product, or as being suitable for inclusion in or processing into animal product when it is not, issue a notice in writing direct­ ing the recall of animal material and requiring it to be taken to a place speciﬁed in the notice, or a place agreed to between the Director­General and the recipient of the notice.
(3) A notice under this section (a recall notice) may also specify any requirements that may be imposed under section 90 or section 91.

(4) A recall notice may be directed to any 1 or more persons who own or have control over the animal material or product in question.
(5) On receipt of a recall notice, the person on whom it is served must as soon as practicable— (a) Advise the Director­General of the details of the manner in which the notice is to be complied with; and 103 Part 7 s 86 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Give written notice to the Director­General when the recall, and any speciﬁed requirement associated with the recall, has been completed.
(6) If a person who owns or has control of animal material or prod­ uct fails or refuses to comply with a recall notice,— (a) The Director­General may take such reasonable steps as are necessary to ensure control of the material or product (including entry by animal product ofﬁcers into premises under a warrant); and The Director­General may recover the costs and ex­ penses reasonably incurred in assuming control of the material or product as a debt due from that person.
(b) (7) Nothing in this section affects the power of the Director­Gen­ eral to issue a statement of a kind referred to in section 84.

86 Delegation by Director­General The Director­General may delegate under section 41 of the State Sector Act 1988 all or any of his or her functions, powers, or duties under this Act, except the power to issue statements under section 84.
Powers of animal product ofﬁcers Power of entry 87 (1) An animal product ofﬁcer may at any reasonable time, for the purpose of determining whether or not any person is comply­ ing with this Act or any animal material or animal product or associated thing is in compliance with the requirements of this Act, without a warrant enter any place (other than a dwelling­ house or marae) at, in, or from which— (a) Any primary producer operates, or any animal prod­ uct business that is subject to a risk management pro­ gramme or a regulated control scheme or a food safety programme that is also registered as a risk management programme is operated; or (b) Any kind of goods that is or includes animal material or product is processed for sale or sold; or Any registered exporter operates; or (c) 104 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 87 (e) recreational catch service (d) Any listed homekill or provider operates; or Any recognised agency or recognised person operates; or The books or records, or other business information kept in writing or electronic form, of any such producer, business, service provider, recognised agency, recog­ nised person, or exporter are kept.
(f) (2) Where an animal product ofﬁcer believes on reasonable grounds that it is necessary to do so for the purpose of pre­ venting or minimising a risk to human health, the ofﬁcer may, at any reasonable time, enter any place (other than a dwellinghouse or marae) adjoining or in the vicinity of a place where shellﬁsh grow or are harvested for the purpose of identifying, monitoring, sampling, or testing any element or thing that might constitute a potential contaminant to or in the shellﬁsh.
(a) (b) (3) An ofﬁcer who enters any place under subsection (2) must— Give the owner or occupier reasonable notice of the of­ ﬁcer’s intention to enter the place, unless to do so would defeat the purpose of the entry; and If such notice is not or cannot be given, leave in a promi­ nent location at the place a written statement of— The time and date of the entry; and (i) (ii) The purpose of the entry; and (iii) The name of the ofﬁcer; and (iv) The address of the ofﬁce to which enquiries should be made.
(4) An animal product ofﬁcer may, pursuant to and in accordance with the conditions of a search warrant issued under section 94, enter any place (including a dwellinghouse or a marae) speciﬁed in the warrant, at any time that is reasonable in the circumstances.
(5) An ofﬁcer who exercises any power under this section must produce his or her evidence of appointment— (a) On ﬁrst entering the place; and (b) Whenever subsequently reasonably required to do so by a person appearing to have charge of the place or any part of the place.
105 Part 7 s 88 Animal Products Act 1999 Reprinted as at 3 September 2007 (6) A person called on to assist an animal product ofﬁcer under section 88(3) may accompany the ofﬁcer into any premises or place that the ofﬁcer enters under this section.

Subsection (1)(b) was amended, as from 26 September 2002, by section 37(1) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “kind of goods” for the word “food”.
Subsection (1)(e) and (f) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.

Subsection (6) was inserted, as from 26 September 2002, by section 37(2) Ani­ mal Products Amendment Act 2002 (2002 No 29).
Power to examine, etc 88 (1) An animal product ofﬁcer may, so far as is reasonably neces­ sary for the purpose of determining compliance with this Act at any place that the ofﬁcer may enter under section 87(1),— Examine all things, and open containers, packages, and (a) other things to inspect their contents: Examine, inquire about, and copy any documents or other records (including records held in electronic or other form) relating to the obligations and duties under this Act, and for this purpose may— (i) (b) Remove documents or records to another place for the purpose of copying them, or require the person having control of the documents or other records to forward them or a copy of them to the ofﬁcer by way of post, courier post, fax, or other means acceptable to the ofﬁcer; and Require a person who has control of or know­ ledge of the documents or records to reproduce or assist in reproducing in usable form information recorded or stored in a computer or other device or system: (ii) (c) (d) Use or require the use of any reasonable means to iden­ tify the kind or description of any animal material, ani­ mal product, equipment, package, container, or other relevant thing: Identify or mark any animal material, animal product, equipment, package, container, or other relevant thing: 106 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 89 (e) (f) Take samples of any animal material (or take whole ani­ mals, in appropriate cases) or animal product, or any other input, substance, or thing which has been, is, or may be in contact with or in the vicinity of any animal material or animal product, and test or analyse or ar­ range for the testing or analysis of such samples: Direct the operator or person in charge of the place to identify and hold any animal material, animal product, substance, equipment, package, container, or other rele­ vant thing until— (i) The results of tests and analysis have been as­ sessed; or (ii) Any lawful direction of an animal product ofﬁcer has been complied with.
(2) An animal product ofﬁcer must return any documents or records removed under subsection (1)(b)(i) within such time as is reasonable to allow for their copying.

(3) An animal product ofﬁcer may call on any person to assist him or her in the exercise of his or her powers under this section.

Any such person may act only under the supervision and in accordance with the instructions of the animal product ofﬁcer.
Subsection (1)(b)(i) was amended, as from 1 June 2005, by section 20 Animal Products Amendment Act 2005 (2005 No 26) by inserting the words “, or re­ quire the person having control of the documents or other records to forward them or a copy of them to the ofﬁcer by way of post, courier post, fax, or other means acceptable to the ofﬁcer” after the words “copying them”.
89 Power to interrupt operations, etc For the purposes of determining or ensuring the compliance of animal material or animal products with the requirements of this Act, an animal product ofﬁcer may— (a) Interrupt any operations involved in the production or processing or export of any animal material or product: Restrict or prohibit the use of any process, animal ma­ terial or product, substance, equipment, or other rele­ vant thing: Direct the operator or the person in charge of the rele­ vant operations to do any reasonable thing, at the cost of the operator.
(b) (c) 107 Part 7 s 90 Animal Products Act 1999 Reprinted as at 3 September 2007 90 Power to condemn and require disposal of animal products that are diseased, contaminated, etc (1) An animal product ofﬁcer may condemn, and require the owner or person in control to destroy, dispose of, or otherwise rectify,— (a) Any animal product which in the opinion of the ofﬁcer, reasonably formed in the light of any relevant standards and speciﬁcations for the time being in force, is not ﬁt for intended purpose: (c) (b) Any animal material, or other input, substance, or thing which in the reasonable opinion of the ofﬁcer has con­ tributed to, or may have contributed to, any animal product not being ﬁt for intended purpose: Any animal material or animal product which in the opinion of the ofﬁcer, reasonably formed in the light of any relevant standards and speciﬁcations for the time being in force, is contaminated or diseased or otherwise not in compliance with this Act.
(2) An animal product ofﬁcer may seize and detain, and if neces­ sary dispose of or arrange for the disposal of or otherwise rec­ tify,— (a) Any product, material, input, substance, or thing of a kind referred to in subsection (1)(a) to (c): (b) Any animal material or animal product which appears to the ofﬁcer, after making such enquiries as are reason­ able in the circumstances, to have been abandoned or to have no apparent or readily identiﬁable owner.
(2A) An animal product ofﬁcer may require the reclassiﬁcation of any animal product of a kind referred to in subsection (1)(a), if satisﬁed that the product meets the requirements of the re­ classiﬁcation, and may require the owner or person in control of the product to either— (a) take all appropriate steps to give effect to the reclassiﬁ­ cation; or destroy or otherwise dispose of or rectify the product to the satisfaction of the ofﬁcer, if the owner or person does not take those appropriate steps.
For the purposes of subsection (1), where— (b) (3) 108 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 90 (a) A random sample of any animal material or product has been taken and tested or examined; and (c) (b) An animal product ofﬁcer has formed the opinion that, for any reason, the particular animal material or product sampled is not ﬁt for intended purpose, or is contamin­ ated, diseased, or otherwise not in compliance with this Act; and The ofﬁcer has also formed the opinion that any other animal material or product is likely to be unﬁt for in­ tended purpose or is contaminated, diseased, or other­ wise not in compliance with this Act, for a similar rea­ son, by reason of— (i) Having probably come from the same place as the animal material or product sampled; or (ii) Having probably been raised, treated, exposed, transported, killed, dressed, processed, stored, or otherwise dealt with in the same way as the ani­ mal material or product sampled,— the ofﬁcer is entitled, without sampling and testing or examining the other animal material or product, to form that opinion in respect of that other animal material or product.
(4) Where a sample of animal material or product is found to be contaminated, diseased, or otherwise not in compliance with this Act then, in the absence of proof to the contrary, it is to be presumed that the live animal concerned was similarly con­ taminated or diseased or otherwise not in compliance with this Act.
(5) Any destruction, disposal, or rectiﬁcation required under sub­ section (1) is at the cost of the owner or person in control, and any expenses reasonably incurred by an ofﬁcer in the ex­ ercise of his or her powers under subsection (2) or subsection (2A) may be recovered from that owner or person.

Subsection (2A) was inserted, as from 26 September 2002, by section 38(1) Ani­ mal Products Amendment Act 2002 (2002 No 29).
Subsection (5) was amended, as from 26 September 2002, by section 38(2) Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “or subsection (2A)”.
109 Part 7 s 91 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) Power to require presentation of live animals 91 (1) An animal product ofﬁcer may for the purposes of this Act— By written notice require the owner or person in con­ trol of live animals to present those animals in a manner suitable for examination, testing, sampling, and identi­ ﬁcation: (2) (3) 92 (b) Direct the owner or person in control of the animals to hold, isolate, separate, or treat any or all of the animals.
If the owner or person in control fails to present the animals as required by a written notice under subsection (1)(a), the ofﬁcer may capture, collect, muster, extract, harvest, or pen the animals for the relevant purpose.
The presentation of any animal required by a written notice under subsection (1)(a) is at the cost of the person to whom the notice was addressed, and any expenses reasonably incurred by the ofﬁcer in the exercise of his or her powers under sub­ section (2) may be recovered from that person.

Powers under search warrant An animal product ofﬁcer in whose name a search warrant is issued under section 94 has all the powers speciﬁed in section 95.
Powers of ofﬁcial assessors Powers of ofﬁcial assessors 93 (1) An ofﬁcial assessor may, for the purpose of determining whether or not any animal material or product, or any animal product business operation, complies with the requirements of this Act, exercise any of the following powers: (a) The power to take, test, and examine any animal mater­ ial or animal product or associated thing: The powers of an animal product ofﬁcer under section 89 (power to interrupt or restrict or prohibit operations, and associated power of direction): The powers of an animal product ofﬁcer under section 90(1) and (3) (power to condemn animal material or product and require or carry out its destruction, dis­ posal, or rectiﬁcation).
(b) (c) 110 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 94 (2) Any destruction, disposal, or rectiﬁcation required by the ex­ ercise of the powers described in section 90(1) is at the cost of the owner or person in control of the relevant animal material or product or thing.
Every ofﬁcial assessor must, in the performance of his or her powers and functions,— (a) (3) Use his or her best endeavours to comply with and give effect to any relevant performance standards or other requirements issued by the Director­General by notice under section 167; and Comply with any lawful direction given by the Dir­ ector­General under section 81.
(b) Search warrants Issue of search warrant 94 (1) Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in the Schedule in respect of any place (including any dwellinghouse or marae or other place that an animal product ofﬁcer has no power to enter under section 87) if satisﬁed, on application in writing made on oath, that there are reasonable grounds for believing that there is at that place any thing— (a) (b) (c) (d) In respect of which an offence under this Act has been or is being committed; or That has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or That is or may be evidence of the commission of an offence under this Act by any person; or That might constitute a contaminant to or in any shell­ ﬁsh grown or harvested adjacent to or in the vicinity of the place, being a contaminant that may pose a risk to human health.
(2) The Judge, Community Magistrate, Justice, or Registrar may impose such reasonable conditions on the exercise of the war­ rant as he or she thinks ﬁt.

(3) A search warrant must be directed to a member of the police by name, or to every member of the police, or to an animal 111 Part 7 s 95 Animal Products Act 1999 Reprinted as at 3 September 2007 product ofﬁcer by name, but, in any of these cases, the warrant may be executed by any member of the police.
Powers of police and animal product ofﬁcers under warrant Subject to any conditions imposed on the warrant, a search warrant authorises the member of police or animal product ofﬁcer who is executing it, and any person called on by that member or ofﬁcer to assist,— (a) (b) (c) (d) To enter the place, dwellinghouse, or marae on 1 occa­ sion within 14 days after the date of the issue of the war­ rant at any time that is reasonable in the circumstances; and To use such force as is reasonable in the circumstances, both for making entry and for breaking open anything on the premises; and To search for and seize— (i) Any animal material, animal product, substance, equipment, or other thing that the member or of­ ﬁcer has reasonable grounds to suspect has been used or is to be used in or evidences the commis­ sion of an offence under this Act, or that might constitute a contaminant to or in any shellﬁsh grown or harvested adjacent to or in the vicinity of the place, dwellinghouse, or marae: (ii) Any documents or records (including documents and records in electronic or other form) that the ofﬁcer has reasonable grounds to suspect may provide evidence of the commission of an of­ fence under this Act; and To take any photographs, and make any drawings or other representations of any animal material, product, structure, substance, equipment, container, packaging, label, or other thing, if the member or ofﬁcer has rea­ sonable grounds to suspect that object or thing in ques­ tion is in breach of any requirement of this Act, or might constitute a contaminant to or in any shellﬁsh grown or harvested nearby; and 95 (1) 112 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 7 s 97 (e) To exercise all of the powers of an animal product ofﬁ­ cer under sections 88 to 91, or only such of those powers as are speciﬁed in the warrant.
(2) A member of the police or an animal product ofﬁcer may call on any person to assist him or her in the execution of a search warrant.

Any such person may act only under the supervision and in accordance with the instructions of the member of the police or animal product ofﬁcer.
Requirements when executing warrant 96 (1) Any member of the police or animal product ofﬁcer who exe­ cutes a search warrant must carry the warrant with him or her, and produce it for inspection, along with evidence of his or her identity,— (a) On ﬁrst entering the place speciﬁed in the warrant, to the person appearing to be in charge of the place; and (b) Whenever subsequently required to do so, at the place speciﬁed in the warrant, by any other person appearing to be in charge of the place or any part of the place.
(2) (3) If the occupier of the place is not present at the time the search warrant is executed, the member of the police or ofﬁcer must leave in a prominent location at the place a written statement of the time and date of the search, the name of the member of the police or ofﬁcer, and the address of the police station or other ofﬁce to which enquiries should be made.
If anything is seized in the execution of a search warrant, the member of the police or ofﬁcer executing the search warrant must leave in a prominent location at the place, or deliver or send by registered mail to the occupier within 10 working days after the search, a written inventory of all things seized.
(4) A member of the police or ofﬁcer who is exercising a power of entry in relation to a marae or a building associated with a marae must have regard to the kawa of the marae so far as is practicable in the circumstances.
97 Disposal of property seized under search warrant Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a member of the police under a search 113 Part 7 s 98 Animal Products Act 1999 Reprinted as at 3 September 2007 warrant and, with any necessary modiﬁcations, to property seized under a search warrant by an animal product ofﬁcer, subject to the following provisions: (a) Where a member of the police seized the item in ques­ tion, it may be retained by the Commissioner of Police pending the trial of the person for the offence in respect of which the item was seized: (b) Where an animal product ofﬁcer seized the item in ques­ tion, it may be retained by the Director­General pending the trial of the person for the offence in respect of which the item was seized: The item in question must be returned to the person from whom it was seized— (i) (c) If no proceedings are taken in respect of an of­ fence to which the item relates within 2 years af­ ter its seizure; or If proceedings are completed in respect of such an offence and no order of forfeiture is made in respect of the item: (ii) (d) If any person is convicted of an offence to which the item relates, the Court may if it thinks ﬁt order that the item be forfeited to the Crown or disposed of as the Court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the Director­ General in retaining the item.
General provisions Protection of persons acting under authority of Act, etc No animal product ofﬁcer, ofﬁcial assessor, recognised per­ son employed under the State Sector Act 1988, or any person called on to assist an ofﬁcer, ofﬁcial assessor, or recognised person who does any act or omits to do any act in pursuance of any of the functions or powers conferred on that ofﬁcer, assessor, or person by or under this Act is under any civil or criminal liability in respect of that act or omission, unless the ofﬁcer, assessor, or person has acted, or omitted to act, in bad faith or without reasonable cause.
98 114 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 100 Section 98 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited” in both places it appeared.

Part 8 Recognised agencies and persons This heading was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the word “accredited”.
99 (1) (2) Object of this Part The general object of this Part is to provide for the Director­ General to— (a) Recognise agencies that manage and supply recognised persons to perform specialist functions and activities for the purposes of this Act, including veriﬁcation functions and activities; and recognise individuals to carry out such specialist func­ tions and activities, including veriﬁcation functions and activities.
(b) For the avoidance of doubt, nothing in this Part prevents a suit­ ably qualiﬁed individual from applying to be both recognised as an agency and recognised as a person under this Part.

Subsection (1)(a) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.
Subsection (1)(b) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nise” for the word “Accredit”.

Subsection (2) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
100 Director­General may recognise agencies that may be (1) (2) responsible for veriﬁcation and other specialist functions The Director­General may, on the application of any person or body, recognise that person or body as an agency that may be responsible for the veriﬁcation functions and activities or other specialist functions and activities for the purposes of this Act.
Before granting recognition, the Director­General must be sat­ isﬁed that the applicant is a ﬁt and proper person to manage 115 Part 8 s 100 Animal Products Act 1999 Reprinted as at 3 September 2007 and supply the particular functions and activities concerned, having regard to— (a) The competencies and resources of the applicant to re­ liably meet and maintain the speciﬁed functions and ac­ tivities for which the applicant is to be recognised under this section; and The character or reputation of the applicant, including where appropriate the character or reputation of the dir­ ectors of the applicant or those responsible for its man­ agement or control; and The ability of the applicant to maintain an appropriate degree of impartiality and independence in relation to the relevant functions and activities; and The requirements of any regulations and speciﬁcations made under this Act.
(b) (c) (d) (3) Without limiting the generality of subsection (1), the func­ tions and activities for which an agency may be recognised include— (a) Veriﬁcation functions and activities in relation to risk management programmes: (b) Other veriﬁcation functions and activities in relation to (c) (d) (e) regulated control schemes and export requirements: The provision of independent evaluations of the validity of risk management programmes for the purposes of section 20(2)(b): Functions and activities in relation to the testing, sam­ pling, and chemical or biological or other analysis of animal material or products: Any other function or activity involving particular com­ petencies that may be required for the purposes of this Act.
For the purposes of this Act, the Ministry, or any group of persons within the Ministry designated by the Director­Gen­ eral for the purpose, may be treated, without application being made, as a recognised agency, and this section and sections 103 to 112 apply accordingly with any necessary modiﬁca­ tions.
(4) 116 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 101 101 Director­General may recognise persons to carry out (1) (2) veriﬁcation or other specialist functions The Director­General may, on the application of any person who is an individual, recognise that person as suitable to carry out veriﬁcation functions and activities or other specialist functions and activities for the purposes of this Act.
Before granting recognition, the Director­General must be sat­ isﬁed that the applicant is a ﬁt and proper person to carry out the particular functions and activities concerned, having re­ gard to— (a) (b) (c) The relevant competencies possessed by the person; and The person’s character or reputation; and The person’s ability to maintain an appropriate degree of impartiality and independence in carrying out the functions and activities for which he or she has applied to be recognised; and The requirements of any regulations and speciﬁcations made under this Act.
(d) (3) Without limiting the generality of subsection (1), the functions and activities for which a person may be recognised include— Veriﬁcation functions and activities in relation to risk (a) management programmes: (b) Other veriﬁcation functions and activities in relation to (c) (d) (e) regulated control schemes and export requirements: The independent evaluation of the validity of risk management programmes for the purposes of section 20(2)(b): Functions and activities in relation to the testing, sam­ pling, and chemical or biological or other analysis of animal material or products: Any other function or activity involving particular com­ petencies that may be required for the purposes of this Act.
(4) For the purposes of this Act, the Director­General may, with­ out application being made, grant recognition to any ofﬁcer or employee of the Ministry to carry out functions and activities speciﬁed by the Director­General for which the person is qual­ iﬁed under subsection (2), and this section and sections 103 to 112 apply accordingly with any necessary modiﬁcations.
117 Part 8 s 102 Animal Products Act 1999 Reprinted as at 3 September 2007 The heading to section 101 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognise” for the word “accredit”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “recognise that person as suitable” for the words “accredit that person”.
Subsection (2) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognition” for the word “accreditation”.

Subsections (2)(c) and (3) were amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
Subsection (4) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognition” for the word “accreditation”.

102 Applications for recognition (1) Every application for recognition under section 100 or section 101 must— (a) (b) Be made in writing to the Director­General; and Be in the appropriate form and manner provided or ap­ proved by the Director­General for that purpose; and (c) Be accompanied by the prescribed fee (if any).
For the purpose of assessing the matters speciﬁed in section 100(2) or section 101(2), the Director­General may require an applicant to supply information additional to that contained in the application.

If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director­ General may allow, the application lapses.
The Director­General may, by notice under section 167, issue speciﬁcations setting out requirements and procedures for the recognition of agencies and persons.

The heading to section 102 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “accreditation under”.
Subsection (4) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “accreditation of”.
(2) (3) (4) 118 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 104 103 Grant of recognition (1) Where the Director­General determines to grant an application for recognition as an agency or a person for the purposes of any functions and activities under this Act, the Director­General must supply to the successful applicant a notice of recognition that speciﬁes— (a) The functions and activities the successful applicant may undertake; and (2) (3) (b) The duration of the recognition.
(b) Any conditions applying under section 105; and (c) The Director­General may specify in any terms of recognition that the recognition is to have effect indeﬁnitely or for a stated period or until a stated date.
Every grant of recognition— (a) Comes into force on the date speciﬁed in the notice of recognition; and Continues in force until— (i) (ii) (iii) It is withdrawn under section 109; or It is surrendered under section 110; or In the case of recognition granted for a stated period or until a stated date, the expiry of that period or the passing of that date.
The heading to section 103 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “accreditation as”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation, as the case may require,”.
Subsections (1)(c), (2), (3), (3)(a), and (3)(b)(iii) were amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation” wherever they appeared.
104 Refusal to grant recognition (1) If the Director­General proposes to refuse to grant recognition for the functions and activities applied for, the Director­Gen­ eral must give the applicant— (a) A notice containing such particulars as will clearly in­ form the applicant of the substance of the grounds on 119 Part 8 s 105 Animal Products Act 1999 Reprinted as at 3 September 2007 which the Director­General proposes to refuse to recog­ nise the applicant; and (b) A copy (or adequate summary) of any information on which the Director­General relies in proposing to refuse to grant recognition; and A reasonable opportunity to make written submissions or be heard in respect of the matter.
(c) (3) (2) Where the Director­General ﬁnally determines to refuse to grant recognition, the Director­General must as soon as prac­ ticable notify that fact to the applicant in writing, giving rea­ sons.

If a person acting under the delegated authority of the Director­ General refuses to grant recognition, the applicant may seek a review of that decision under section 162.
The heading to section 104 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation”.

Subsection (1)(a) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or ac­ credit”.
Subsections (1)(b), (2), and (3) were amended, as from 1 June 2005, by sec­ tion 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

(2) 105 Conditions of recognition (1) A recognition under section 103 may be subject to such con­ ditions as the Director­General thinks ﬁt and speciﬁes in the notice of recognition.
It is to be a condition of every recognition of an agency that, with the exception of administrative functions and related sup­ port matters, any veriﬁcation activities of the agency that are speciﬁed in the terms of the recognition are to be carried out only by individuals who have themselves been recognised.
Conditions imposed under subsection (1) may include require­ ments as to the provision of such returns, records, and other information as the Director­General may reasonably require from time to time to ensure that the recognised agency person (3) 120 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 106 (4) (5) is properly carrying out the functions and activities for which they were recognised.
The Director­General may at any time, by written notice to a recognised agency person, revoke, amend, or add to any con­ ditions imposed under subsection (1).
Except where any variation to the conditions of recognition is made on the application of the recognised agency person and in accordance with the terms of that application, the Dir­ ector­General may not vary any condition of recognition im­ posed under this section without (to the extent practicable in the circumstances of the variation proposed) ﬁrst giving the affected agency or person a reasonable opportunity to make written submissions to or be heard by the Director­General in relation to the matter.
The heading to section 105 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation” in both places they appeared.
Subsection (2) was amended, as from 1 June 2005, by section 21 Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by inserting the word “veriﬁcation” before the word “activities”.

Subsection (2) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
Subsections (3) and (4) were amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accredited” wherever they appeared.

Subsection (5) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation” in both places they appeared.
Subsection (5) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredited”.
106 Duties of recognised agencies In undertaking the speciﬁed functions and activities for which it is recognised, a recognised agency has the following duties: It must ensure that all recognised persons employed or (a) engaged or used by it are not placed in positions or situ­ ations that compromise their impartiality and independ­ 121 Part 8 s 107 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) ence in relation to the performance of their functions and duties under this Act: It must ensure that it is adequately resourced and that systems are maintained to ensure that its functions and activities under this Act are carried out properly.
Paragraph (a) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
107 Duties of recognised persons In carrying out the speciﬁed functions and activities for which he or she is recognised, a recognised person has the following duties: (a) To undertake only those functions and activities as a recognised person under this Act that are conferred on them by the Director­General: To comply with the relevant requirements of any regu­ lations or speciﬁcations in force from time to time under this Act, and any directions given by the Director­Gen­ eral under section 81: To maintain an appropriate degree of impartiality and independence in carrying out their functions and activ­ ities in accordance with the recognition conferred by the Director­General: To maintain appropriate conﬁdentiality (particularly in relation to commercially sensitive matters) relating to operations and activities they come into contact with in the course of carrying out their functions and activities under this Act (except to the extent required to report under paragraph (e) or otherwise for the purposes of this Act), including matters relating to design, technology, systems, and practices: To report to an appropriate Ministry ofﬁcial, in accord­ ance with the requirements imposed by or under this Act,— (i) Any failure to comply with, or any inadequacy in, a risk management programme: (ii) Any failure to comply with a regulated control scheme: (b) (c) (d) (e) 122 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 108 (iii) Any other matter which is required by or under this Act to be reported on by recognised persons of the relevant type: (f) in the case of a recognised risk management programme veriﬁer, to be under the management of a recognised risk management programme verifying agency.
The heading to section 107 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.

Section 107 was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “recognised, a recognised” for the words “accredited, an accredited”.
Paragraph (a) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “a recog­ nised” for the words “an accredited”.

Paragraph (c) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognition” for the word “accreditation”.
Paragraph (e)(iii) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.

Paragraph (f) was substituted, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29).

Paragraph (f) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “a recog­ nised” for the words “an accredited”.
108 Recognition fees (1) Every recognised agency and every recognised person is liable to pay, either annually or at such greater interval as may be prescribed, such recognition fee as may be prescribed (if any) in respect of their continued recognition.

(2) Different fees may be prescribed in respect of— Different classes of recognition; and (a) (b) Different classes of agency or person who are recog­ nised.
(3) Any failure to pay the appropriate fee by the due date that persists for more than 30 days may result in withdrawal of recognition under section 109.

The heading to section 108 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “and accreditation”.
123 Part 8 s 108A Animal Products Act 1999 Reprinted as at 3 September 2007 Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.

Subsections (1) and (2)(a) were amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation” wherever they appeared.
Subsection (2)(b) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or ac­ credited”.

Subsection (3) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation”.
108A Suspension of recognition (1) The Director­General may at any time, by notice in writing to a recognised agency or recognised person, suspend the recog­ nition for a period not exceeding 3 months if the Director­Gen­ eral has reasonable grounds to believe that the performance of the agency or person is unsatisfactory having regard to the re­ quirements of the position.

The Director­General may impose conditions or requirements that must be satisﬁed if the suspension is to be lifted.
If the Director­General considers that conditions or require­ ments have not been satisﬁed within the suspension period, the Director­General may, by notice in writing, extend the suspen­ sion for a further period not exceeding 3 months.
(2) (3) (4) Where the Director­General suspends recognition under this section or extends a period of suspension, the notice of sus­ pension or extension must specify— (a) (b) (c) the reason for the suspension or extension: the period of the suspension or extension: the date and time the suspension or extension com­ mences: the functions and activities that the suspension or exten­ sion relates to: any conditions or requirements to be met before or dur­ ing the suspension.
(d) (e) The Director­General must notify— (a) the relevant recognised agency of any suspension of recognition of a person for whom the agency is respon­ sible: (5) 124 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 109 (b) any relevant recognised person of the suspension of recognition of an agency with which the person is as­ sociated.

(6) The Director­General may notify any suspension under this section in the Gazette.
(8) (7) A suspension under this section does not affect any other ac­ tions that the Director­General may take under this Act.

The Director­General may direct the agency or person the sub­ ject of a suspension under this section to take appropriate ac­ tion to remedy the deﬁciency or failure that gave rise to the suspension.
If a person acting under the delegated authority of the Director­ General suspends any recognition of a person or agency under this section, the person or agency concerned may seek a review of the decision under section 162.

Section 108A was inserted, as from 1 June 2005, by section 22 Animal Products Amendment Act 2005 (2005 No 26).
(9) 109 Withdrawal of recognition (1) The Director­General may at any time, by notice in writing to a recognised agency or recognised person, withdraw the recognition if satisﬁed— (a) (b) (c) That the agency or person is not, or is no longer, a ﬁt and proper person to undertake the functions or activities for which the recognition was granted; or That the agency or person has failed to comply with any term or condition of the recognition, or has failed to meet any performance criteria speciﬁed by the Director­ General by notice under section 167; or That the agency or person has contravened, or failed to comply with, any requirement of this Act in any par­ ticular that in the opinion of the Director­General casts doubt on the agency’s or person’s ﬁtness or competency to undertake the functions or activities for which the recognition was granted.
(2) The Director­General may not withdraw recognition unless he or she has ﬁrst given the agency or person concerned a reason­ able opportunity to be heard.
125 Part 8 s 110 Animal Products Act 1999 Reprinted as at 3 September 2007 (3) Where recognition is withdrawn under this section, the person or body whose recognition is withdrawn must, as soon as prac­ ticable,— (a) Surrender to the Director­General their notice of recog­ nition; and Take all reasonable steps to notify the fact of the with­ drawal of recognition to each person who was a client of the agency or person or body (in that agency’s or per­ son’s or body’s capacity as a recognised agency person) immediately before the withdrawal.
(b) (4) If a person acting under the delegated authority of the Dir­ ector­General withdraws recognition, the agency or person concerned may seek a review of that decision under section 162.

The heading to section 109 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.
Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.

Subsections (1) to (3) were amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation” wherever they appeared.
Subsection (3)(b) were amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or ac­ credited”.

Subsection (4) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the words “or accredit­ ation”.

Surrender of recognition 110 (1) A recognised agency or person may at any time surrender their recognition by notice in writing to that effect to the Director­ General.
(2) A surrender takes effect on the expiry of 3 months after the date of the receipt of the notice by the Director­General, or on such earlier date as the Director­General may approve.

(3) On or before the surrender takes effect, the recognised agency or person must send their notice of recognition to the Director­ General.
126 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 8 s 112 The heading to section 110 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Subsections (1) and (3) were amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by omitting the word “ac­ credited” and the words “or accreditation”.
111 Substituted notice of recognition The Director­General may, if he or she thinks ﬁt, and on pay­ ment of the prescribed fee (if any), cancel an existing notice of recognition granted under section 103, and issue a new notice in substitution for it,— (a) If the terms or conditions of the recognition are to be or have been varied under section 105; or If the existing notice has become disﬁgured or dilapi­ dated, or contains a mistake, or if the Director­General is satisﬁed that the existing notice has been lost or de­ stroyed.
(b) The heading to section 111 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation”.

Section 111 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or accreditation” in both places they appeared.
112 Director­General to keep list of recognised agencies and (1) (2) persons The Director­General must cause to be kept and maintained a list of every agency and person recognised under section 103.
The purpose of the list is— (a) To enable members of the public, and particularly the operators of risk management programmes, to know who is recognised as competent to undertake particu­ lar functions and activities under the Act: To facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.

(b) (3) (4) The list of recognised agencies and persons must specify the functions and activities for which each recognition was granted.
The Director­General must— 127 Part 9 s 113 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) Make the list available for public inspection, without fee, at reasonable hours at the head ofﬁce of the Min­ istry; and Supply to any person, on request and on payment of a reasonable charge, a copy of that list.
(b) (5) The list may be kept in such manner as the Director­General thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) That records or stores information electronically or by other means; and That permits the information so recorded to be readily inspected or reproduced in usable form; and That permits the information to be accessed by elec­ tronic means, including (without limitation) by means of remote log on access.
(b) (c) The heading to section 112 was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the word “accredited”.

Subsection (1) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the words “and per­ son recognised” for the words “recognised and every person accredited”.
The amending provision proposed to omit the words “recognised and person ac­ credited”, so the word “every” was editorially omitted.

Subsection (2)(a) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “or ac­ credited”.

Subsection (3) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by omitting the word “accredited” and the words “or accreditation”.
Part 9 Cost recovery 113 Principles of cost recovery (1) The Minister and the Director­General are to take all reason­ able steps to ensure that so many of the direct and indirect costs of administering this Act as are not provided for by money ap­ propriated by Parliament for the purpose are recovered under this Part, whether by way of fees, levies, or otherwise.
In determining the most appropriate method of cost recovery under section 114, and its level, in any particular case or class of cases of animal material or product, animal product busi­ (2) 128 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 9 s 113 ness, person, or other matter, the Minister and Director­Gen­ eral are to have regard, as far as is reasonably practicable, to the following criteria: (a) Equity, in that funding for a particular function, power, or service, or a particular class of functions, powers, or services, should generally, and to the extent practicable, be sourced from the users or beneﬁciaries of the rele­ vant function, power, or service at a level commensu­ rate with their use or beneﬁt from the function, power, or service: Efﬁciency, in that costs should generally be allocated and recovered in order to ensure that maximum beneﬁts are delivered at minimum cost: Justiﬁability, in that costs should be collected only to meet the reasonable costs (including indirect costs) for the provision or exercise of the relevant function, power, or service: Transparency, in that costs should be identiﬁed and al­ located as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.
(b) (c) (d) (3) Costs should not be recovered under this Part unless there has been appropriate consultation with affected parties in accord­ ance with section 163, and the parties involved have been given sufﬁcient time and information to make an informed contribution.
(4) Nothing in subsection (3) or section 163 requires consultation in relation to speciﬁc fees or charges, or the speciﬁc levels of fees or charges, so long as the fees or charges set are rea­ sonably within the purview of any general consultation or any consultation carried out for the purposes of section 116, and a failure to comply with subsection (3) does not affect the val­ idity of any regulations made for the purposes of this Part.
(5) Nothing in this section requires a strict apportionment of the costs to be recovered for a particular function or service based on usage, and, without limiting the way in which fees or charges may be set, a fee or charge may be set at a level or in a way that— 129 Part 9 s 114 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) Is determined by calculations that involve an averaging of costs or potential costs: Takes into account costs or potential costs of services that are not directly to be provided to the person who pays the fee or charge but which are an indirect or po­ tential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.
114 Methods of cost recovery (c) (d) (e) (f) The methods by which costs may be recovered under this Part are as follows: (a) (b) Fixed fees or charges: Fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis: The recovery by way of fee or charge of actual and rea­ sonable costs expended in or associated with the per­ formance of a service or function: Estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appro­ priate further payment or refund after provision of the service or function: Refundable or non­refundable deposits paid before pro­ vision of the service or performance of the function: Fees or charges imposed on users of services or third parties: Levies: (g) (h) Any combination of the above.
Paragraph (b) was amended, as from 26 September 2002, by section 39 Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “or for­ mula” after the word “scale”.
115 Cost recovery to relate generally to a ﬁnancial year (1) Except as provided in subsection (2), any regulations under this Part that set a fee, charge, or levy that applies in any ﬁ­ nancial year— (a) Must have been made before the start of that ﬁnancial year; but 130 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 9 s 116 (b) Except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.
(2) (3) (4) Subsection (1) does not prevent the alteration or setting during any ﬁnancial year of a fee, charge, or levy payable in that year if either the fee, charge, or levy is reduced or removed (or restated without substantive alteration) or, in the case of an increase or a new fee, charge, or levy,— (a) Appropriate consultation has been carried out with per­ sons or representatives of persons substantially affected by the alteration or setting; and The Minister is satisﬁed that those persons, or their rep­ resentatives, agree or substantially agree with the alter­ ation or setting.
(b) Subsection (1) does not prevent the amendment of any regula­ tion setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.

Recovery may be made in any ﬁnancial year of any shortfall in cost recovery for any of the preceding 4 ﬁnancial years and allowance may be made for any over­recovery of costs in those years (including any estimated shortfall or over­recovery for the immediately preceding ﬁnancial year).
Subsection (2) was amended, as from 26 September 2002, by section 40 Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “(or restated without substantive alteration)” after the words “reduced or removed”.
116 Three­yearly review of cost recovery (1) The Minister must cause to be reviewed, at least once in every 3­year period occurring since the original setting of, or latest change to, the levels and methods of cost recovery in relation to any class of animal material or product, animal product busi­ ness, person, or other matter, the levels and methods of cost recovery in the relevant area that are likely to be appropriate for the following ﬁnancial year or years.
The Minister must ensure that appropriate consultation takes place in relation to any such review.

(2) (3) A review may make provision for recovery in any relevant ﬁ­ nancial year of any shortfall in cost recovery for any of the pre­ 131 Part 9 s 117 Animal Products Act 1999 Reprinted as at 3 September 2007 ceding 4 ﬁnancial years, or make allowance for any over­re­ covery of costs in those years (including any estimated short­ fall or over­recovery for the immediately preceding ﬁnancial year).
Subsection (1) does not require all areas of cost recovery to be reviewed at the same time, and nor does it impose any time limit on the making of regulations to implement the results of a review.

(4) 117 Fees and charges to be prescribed by regulations (1) Regulations may be made under this Act, on the recommenda­ tion of the Minister, prescribing fees and charges for the pur­ poses of this Act.
The fees may be prescribed using any 1 or more of the methods speciﬁed in section 114(a) to (f), or any combination of those methods.

(2) (3) Different fees and charges, or different rates or types of fee or charge, may be prescribed in respect of different classes or descriptions of animal material, animal products, persons or businesses, operations, or other matters, or any combination of them.
(4) Without limiting subsection (3), the fees and charges pre­ scribed may— (a) Differ depending on whether or not a special or urgent service is provided: Include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places: Differ for otherwise similar services provided in differ­ ent ways: (b) (c) (d) Differ for otherwise similar services provided to differ­ (e) ent categories of person: Differ depending on the amount of service required or the components of the service required for the particular person or class of person.
(4A) Where regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its 132 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 9 s 118 (5) components as being an amount or amounts notiﬁed for those components by the Director­General under section 167.
The Minister may not recommend the making of regulations under this section unless satisﬁed that, to the extent appropri­ ate in the circumstances, the requirements of sections 113 and 115 have been met.

Subsection (4A) was inserted, as from 26 September 2002, by section 41 Animal Products Amendment Act 2002 (2002 No 29).

118 Regulations may impose levies (1) Regulations may be made under this Act, on the recommenda­ tion of the Minister, prescribing levies for the purposes of this Act.
(2) Different levies or rates of levy or bases on which an amount of levy is to be calculated or ascertained may be prescribed for different purposes, and different levies or rates of levy or bases for calculation may be set for different classes or descriptions of animal material, animal products, persons or businesses, operations, or other matters, or any combination of them.
(3) Without limiting the generality of subsection (1), regulations imposing levies may— (a) (b) Specify when and how any levy is to be paid: Require that any levy, or estimated amount of levy, be paid in advance of performance of the services or func­ tions to which it relates: Specify persons, other than persons primarily responsi­ ble for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service: Require, or empower the Director­General to require, the provision of information and returns in relation to levies: Require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to such trust accounts: Prescribe a method of arbitration or mediation in the case of disputes as to— (c) (d) (e) (f) 133 Part 9 s 119 Animal Products Act 1999 Reprinted as at 3 September 2007 (i) Whether or not any person is required to pay, or (ii) collect, the levy concerned; or The amount of levy any person is required to pay or collect;— and provide for related matters, including procedures and remuneration for arbitrators or mediators.
(4) The Minister may not recommend the making of regulations under this section unless satisﬁed that, to the extent appropri­ ate in the circumstances, the requirements of sections 113 and 115 have been met.
119 Trust accounts required to be kept by persons collecting levies (1) Where regulations made under section 118 require the oper­ ation of a trust account for any levy money by the person re­ sponsible for collecting the levy,— (a) Any amount held in such an account that is due to be paid to the Director­General by the levy collector is to be treated as levy money held on trust for the Director­ General; and (c) (b) Any amount so held on trust is not available for the pay­ ment of any creditor (other than the Director­General) of the levy collector, and is not liable to be attached or taken in execution at the instance of any such creditor; and A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account until all the levy money payable to the Dir­ ector­General in respect of the period during which the person was responsible for collecting the levy has been paid.
(2) Nothing in subsection (1)(c) affects any obligation or liability under this Act of any other person who has become responsible for collecting the levy concerned.
120 Other charges not requiring to be prescribed (1) Nothing in this Part or any other provision of this Act prevents the Director­General from requiring a reasonable charge to be paid for any of the services the Ministry provides in relation to 134 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 9 s 122 the administration of this Act, or any actual and reasonable ex­ penses incurred in providing the services, other than services in respect of which a fee or charge or levy is prescribed under this Part.
(2) Without limiting subsection (1), and for the avoidance of doubt, the Director­General may— (a) (c) (b) Operate a telephone information service for which each caller pays according to their usage or on some averaged basis: Charge persons for the cost of mailing, faxing, emailing, or couriering information to them: Charge for the cost of written material, unless that ma­ terial is required by an Act or by regulations made under this Act to be provided free of charge: Charge for access to any website, or for information or services provided by any website, operated by the Ministry: Charge for access to any library or research services provided in relation to matters pertaining to animal ma­ terial, animal products, or associated things: Charge any person for services provided in relation to an animal product business or otherwise under this Act.
(3) All money received as a result of such charges received by the (d) (e) (f) Ministry must be paid into the Departmental Bank Account.

121 Exemptions, waivers, and refunds (1) Regulations made under this Act may provide for exemptions from, or waivers or refunds of, any fee, levy, or charge payable under this Act, in whole or in part, in any class of case.

(2) Any such regulations may authorise the Director­General to grant an exemption, waiver, or refund in any particular case or class of case.
122 Fees, levies, and charges to constitute debt due to Director­General Any fee, levy, or charge that has become payable is a debt due to the Director­General, and is recoverable as a debt by the Director­General in any court of competent jurisdiction.

Until paid in full, it remains a debt due to the Crown.
135 Part 9 s 123 Animal Products Act 1999 Reprinted as at 3 September 2007 123 Penalties for failure to pay fee, levy, or charge (1) Where a person has failed to pay to the Director­General by the due date any fee, levy, or charge payable under this Part,— (a) Section 14 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 applies to increase the amount payable; and Section 15 of that Act applies to allow the Director­ General, in appropriate cases, to waive the payment of all or any of the amount of any such increase; and Section 16 of that Act applies to allow the Director­ General to withdraw, or refuse to provide the person in default with, any service of the kind to which the debt relates.
(b) (c) (2) For the purposes of subsection (1)(c) of this section and section 16 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997, and without limiting the generality of that section 16, the references in those provisions to the withdrawal or refusal to provide any service are to be treated as also authorising the Director­General, in an appropriate case, to— (a) Withhold or suspend any approval under this Act, or refuse to perform any function under this Act in relation to the person in default: (b) Withhold the registration of any exporter or risk man­ agement programme, or the listing of any homekill or recreational catch service provider, under this Act, or require the suspension of any relevant operations of the exporter or operator of the risk management pro­ gramme: (c) Withhold any ofﬁcial assurance.
(3) Where the withdrawal of any approval or registration under this section, or any suspension of operations, requires the Dir­ ector­General to provide any further service, perform any fur­ ther function, or incur any further costs in the interests of en­ suring the ﬁtness for intended purpose of the animal product involved in the withdrawal or suspension, the Director­Gen­ eral may recover any reasonable amount for the additional ser­ vice, function, or costs as a debt due from the person who owns or is responsible for the operation concerned.
136 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 9 s 125 124 Obligation to pay fee, levy, or charge not suspended by dispute The obligation of a person to pay any fee, levy, or charge under this Act (including any penalty referred to in section 123), and the right of the Director­General to receive and recover the fee, levy, charge, or penalty, are not suspended by any dispute be­ tween the person and the Director­General regarding the per­ son’s liability to pay the fee, levy, or charge, or the amount of the fee, levy, or charge.
125 Levy regulations to be conﬁrmed (1) Where in any year any regulations imposing a levy have been made under this Part on or after 1 January in any year and before 1 July in that year, and— (a) Have not been revoked with effect on or before 1 July in the next year; and (b) Have not ceased, and will not cease, to have effect on or before 1 July in the next year by virtue of the Regulations (Disallowance) Act 1989,— they are to be treated as having been revoked with the close of 30 June in that next year unless conﬁrmed by an Act of Parliament passed on or before that day.
(2) Where in any year any regulations imposing a levy have been made under this Part after 30 June in any year and on or before 31 December in that year, and— (a) Have not been revoked with effect on or before 1 Janu­ ary in the year after the next year; and (b) Have not ceased, and will not cease, to have effect on or before 1 January in the year after the next year by virtue of the Regulations (Disallowance) Act 1989,— they are to be treated as having been revoked with the close of 31 December in the year after the year in which they were made, unless conﬁrmed by an Act of Parliament passed on or before that day.
137 Part 10 s 126 Animal Products Act 1999 Reprinted as at 3 September 2007 Part 10 Offences, penalties, and proceedings 126 Offences involving endangerment of human or animal health (1) A person commits an offence who, being a producer, proces­ sor, or exporter of animal material or animal products, contra­ venes or fails to comply with any provision of this Act know­ ing that the contravention or failure would or is likely to en­ danger the lives or health of the public, or the life or health of any individual.
(2) A person commits an offence who, being the operator of a risk management programme or a person who is required to oper­ ate under a risk management programme, or a person subject to the requirements of a regulated control scheme, contravenes or fails to comply with any provision of this Act knowing that the contravention or failure— (a) May create, directly or indirectly, a risk to human or animal health; or (b) May, directly or indirectly, increase the likelihood of an existing risk to human or animal health.
(3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(4) A person who commits an offence against subsection (1) is liable— (a) (b) In the case of a body corporate, to a ﬁne not exceeding $500,000: In the case of an individual, to imprisonment for a term not exceeding 5 years and a ﬁne not exceeding $100,000.
(5) A person who commits an offence against subsection (2) is In the case of a body corporate, to a ﬁne not exceeding $300,000: In the case of an individual, to imprisonment for a term not exceeding 2 years and a ﬁne not exceeding $75,000.
liable— (a) (b) 138 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 127 127 Offences involving deception (1) A person commits an offence who, with intent to deceive and for the purpose of obtaining any material beneﬁt or avoiding any material detriment,— (a) Makes any false or misleading statement or any mater­ ial omission in any communication, application, record, or return for the purpose of this Act, or destroys, can­ cels, conceals, alters, obliterates, or fails to provide any document, record, return, or information required to be kept or communicated under this Act; or Falsiﬁes, removes, misuses, alters, misapplies, misrep­ resents, or fails to apply any brand or material or prod­ uct description or other form of identiﬁcation of animal material or animal product required or authorised to be used under this Act; or Falsiﬁes, removes, misuses, alters, misapplies, misrep­ resents, or fails to apply any identiﬁcation, differentia­ tion, or security system or device speciﬁed or approved or required under section 158; or (b) (c) (e) (d) Misrepresents, substitutes in whole or in part, adulter­ ates, or otherwise tampers with animal material or ani­ mal product to which this Act applies so that it no longer matches or complies with its identiﬁcation, description, certiﬁcate, label, or ofﬁcial assurance; or Falsiﬁes, alters, or misapplies any certiﬁcate or declar­ ation or other statutory form attached or relating to any animal material or animal product that is required or au­ thorised to be
 used under this Act, or any ofﬁcial as­ surance, or tampers with any animal material or animal product that is subject to such a certiﬁcate, declaration, form, or assurance; or Falsiﬁes, removes, suppresses, or tampers with any samples, test procedures, test results, or evidence taken or seized by an animal product ofﬁcer, ofﬁcial assessor, or other recognised or authorised person or body in the exercise of their functions or powers under this Act; or Falsiﬁes, removes, suppresses, or tampers with any samples, test procedures, or test results taken by or for an operator of a registered risk management pro­ (g) (f) 139 Part 10 s 128 Animal Products Act 1999 Reprinted as at 3 September 2007 gramme for the purposes of that programme or this Act, or by or for a person subject to the requirements of a regulated control scheme for the purposes of that scheme or this Act; or (h) Aids, abets, incites, counsels, procures, or conspires with any other person to commit an offence under this section.
(2) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(3) A person who commits an offence against subsection (1) is liable— (a) (b) In the case of a body corporate, to a ﬁne not exceeding $500,000: In the case of an individual, to imprisonment for a term not exceeding 5 years and a ﬁne not exceeding $100,000.
Subsection (1)(f) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the expression “, accredited,” and the words “or accreditation”.
128 Sale of non­complying animal material or product (1) A person commits an offence who sells or offers for sale, or has in the person’s possession for sale,— (a) Any animal material to which any of Parts 2 to 5 apply that, to the person’s knowledge, does not or no longer meets any relevant speciﬁcation under Part 4 or require­ ment under Part 5, or the requirements of any relevant regulation; or (b) Any animal product to which any of Parts 2 to 5 apply that, to the person’s knowledge, has not been processed in accordance with the requirements of Parts 2 to 5 that apply to the product, or is not otherwise ﬁt for intended purpose.
(2) A person commits an offence against this Act who sells or of­ fers for sale, or has in possession for sale, any animal material or animal product for human or animal consumption that pur­ ports or is represented to have been produced or processed in accordance with Parts 2 to 4, but that, to the person’s know­ ledge, has not been processed in accordance with those Parts.
140 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 130 (3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(4) Where in any proceedings for an offence against this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that know­ ledge is to be presumed until the contrary is proved.
(5) A person who commits an offence against this section is li­ able— (a) (b) In the case of a body corporate, to a ﬁne not exceeding $500,000: In the case of an individual, to imprisonment for a term not exceeding 2 years and a ﬁne not exceeding $100,000.
129 Presenting non­complying animal material for processing (1) A person commits an offence against this Act who, know­ ing that the animal material is or is likely to be processed for human or animal consumption, presents for sale or processing (whether directly or by an agent) any animal material that fails to comply with any requirement of Parts 2 to 4 that applies to it.
(2) Where in any proceedings for an offence against this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that know­ ledge is to be presumed until the contrary is proved.

(3) A person who commits an offence under this section is liable on summary conviction— (a) In the case of a body corporate, to a ﬁne not exceeding $100,000: In the case of an individual, to a ﬁne not exceeding $20,000.
(b) Subsection (1) was amended, as from 26 September 2002, by section 42 Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “or processing” after the words “for sale”.
130 Offence to export unless registered (1) A person commits an offence against this Act who, being a person who is required to be registered as an exporter in rela­ tion to the animal material or product concerned, without being 141 liable— (a) (b) (a) (b) Part 10 s 131 Animal Products Act 1999 Reprinted as at 3 September 2007 so registered exports any animal material or animal product to which Part 5 applies other than in accordance with an exemp­ tion granted under section 9 or section 50 or by regulations made under this Act.
(2) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(3) A person who commits an offence against subsection (1) is In the case of a body corporate, to a ﬁne not exceeding $300,000: In the case of an individual, to a ﬁne not exceeding $50,000.
131 Offences in relation to homekill and recreational catch (1) A person commits an offence against this Act who— Being both a homekill or recreational catch service provider and also a person who for reward or purposes of trade processes or trades in regulated animal prod­ ucts for human or animal consumption, operates those 2 activities at the same premises or place, other than as a dual operator butcher; or Exports any animal material or product for human or animal consumption knowing that the animal material or product— (i) Is homekill or recreational catch product (not be­ ing homekill or recreational catch product that is exported for his or her own use by the person whose homekill or recreational catch it was); or Is derived from a dual operator butcher, or from an animal product business operating in the same premises or place both as a homekill or recre­ ational catch service provider and as a trader in, or processor for reward or purposes of trade of, regulated animal product for human or animal consumption; or (ii) (c) Being a homekill or recreational catch service provider, kills or processes an animal as homekill, or receives an animal for killing or processing as homekill, know­ ing that the person presenting the animal has not been 142 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 131 actively involved in the day­to­day maintenance of the animal.
(2) A person commits an offence against this Act who— (a) Operates for reward as if they were a homekill or recre­ ational catch service provider without being currently listed as such under section 76; or (b) (ab) operates a property as a game estate of a kind that sec­ tion 65D requires to be listed as a game estate under Part 5A, unless the property is listed as a game estate under section 65H; or Being the owner or person in charge of an animal, engages for reward as a homekill or recreational catch service provider in respect of that animal a person who, to the owner’s or person’s knowledge, is not cur­ rently listed as a homekill or recreational catch service provider under section 76; or (ba) being the owner of an animal who has not been engaged in its day­to­day maintenance, or the day­to­day main­ tenance of other animals of the same kind, for a period of at least 28 days immediately preceding its killing, kills and processes that animal at any place other than his or her own property (as deﬁned in section 67(4)), other than for humane purposes; or (bb) provides facilities for any person to kill or process an animal for human or animal consumption, otherwise than in accordance with Parts 2 to 4, knowing that the person has not been engaged in the day­to­day mainten­ ance of the animal, or of other animals of the same kind, for at least 28 days immediately preceding the killing of the animal, unless— (i) the person providing the facilities is a game es­ tate operator or the owner of the place where the
 animal is taken or landed as recreational catch; or the facilities are provided for humane purposes; or (ii) (bc) being a dual operator butcher, kills an animal that is homekill or recreational catch at any premises or place where regulated animal product is processed or traded; or 143 Part 10 s 131 Animal Products Act 1999 Reprinted as at 3 September 2007 (c) (d) Sells or attempts to sell any animal material or product for human or animal consumption that was processed as homekill or recreational catch
 product and not in ac­ cordance with the requirements of Parts 2 to 4 (except as permitted by sections 67(2)(b)(ii), 68(2)(b)(ii), and 69; or Presents an animal to a homekill or recreational service provider for killing or processing as homekill when the person is not an owner of the animal who has been ac­ tively involved in the day­to­day maintenance of the animal, or of other animals of the same kind, for a period of at least 28 days immediately preceding the presenta­ tion of the animal.
(3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(4) A person who commits an offence against subsection (1) is liable— (a) (b) In the case of a body corporate, to a ﬁne not exceeding $500,000: In the case of an individual, to imprisonment for a term not exceeding 2 years and a ﬁne not exceeding $100,000.
(5) A person who commits an offence against subsection (2) is liable— (a) (b) In the case of a body corporate, to a ﬁne not exceeding $300,000: In the case of an individual, to a ﬁne not exceeding $75,000.

(6) Where in any proceedings for an offence under this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that know­ ledge is to be presumed until the contrary is proven.
Subsection (2)(ab) was inserted, as from 26 September 2002, by section 43(1) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (2)(ba) to (2)(bc) were inserted, as from 26 September 2002, by section 43(2) Animal Products Amendment Act 2002 (2002 No 29).
Subsection (2)(c) was amended, as from 26 September 2002, by section 43(3) Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “(except as permitted by sections 67(2)(b)(ii), 68(2)(b)(ii), and 69” after the words “Parts 2 to 4”.
144 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 133 Subsection (2)(d) was amended, as from 26 September 2002, by section 43(4) Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “, or of other animals of the same kind, for a period of at least 28 days immediately preceding the presentation of the animal”.
132 Breach of compliance order (1) A person commits an offence against this Act who, without reasonable excuse, breaches or fails to comply with the terms of a compliance order or interim compliance order issued under section 150 or section 151.
(2) A person who commits an offence against this section is liable on summary conviction to— A ﬁne not exceeding— (a) (i) (ii) $300,000, in the case of a body corporate; or $50,000, in the case of an individual; and (b) An additional ﬁne not exceeding $2,000 for every day on which the breach or failure continues.
133 Obstruction of ofﬁcers, etc (1) A person commits an offence against this Act who threatens, assaults, or intentionally obstructs or hinders— (a) Any animal product ofﬁcer, ofﬁcial assessor, or recog­ nised risk management programme veriﬁer; or (b) An assistant of such a person; or (c) Any recognised agency, recognised person, or other au­ thorised person (including a person having functions or powers under the Food Act 1981 in relation to a food safety programme that is registered as a risk manage­ ment programme pursuant to section 34),— who is acting in the exercise or performance of a function, power, or duty under this Act or under any risk management programme.
(2) A person commits an offence against this Act who, with intent to deceive, personates or pretends to be an animal product ofﬁ­ cer, ofﬁcial assessor, recognised risk management programme veriﬁer or recognised risk management programme verifying agency, or a person referred to in subsection (1)(c).
(3) A person who commits an offence against this section is liable on summary conviction to a ﬁne not exceeding— 145 Part 10 s 134 Animal Products Act 1999 Reprinted as at 3 September 2007 $250,000, in the case of a body corporate; or $50,000, in the case of an individual.

(a) (b) Subsection (1)(a) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.
Subsection (1)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised agency” for the words “other recognised body”.

Subsection (1)(c) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.
Subsection (2) was amended, as from 26 September 2002, by section 5(10) Ani­ mal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.

Subsection (2) was amended, as from 1 June 2005, by section 5(8) Animal Prod­ ucts Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
134 Offence of breach of duty (1) A person commits an offence who, without reasonable ex­ cuse,— (a) (b) Being the operator of a risk management programme, breaches or fails to carry out any of the duties speciﬁed in section 16; or Being a recognised agency, breaches or fails to carry out any of the duties speciﬁed in section 106; or Being a recognised person, breaches or fails to carry out any of the duties speciﬁed in section 107; or Being a registered exporter, breaches or fails to carry out any of the duties speciﬁed in section 51.
(2) A person who commits an offence under subsection (1) is li­ (d) (c) able on summary conviction— (a) In the case of a breach or failure in relation to any of the duties speciﬁed in subsection (3), to— (i) In the case of a body corporate, a ﬁne not exceed­ ing $200,000: In the case of an individual, a ﬁne not exceeding $50,000: In any other case, to— (i) In the case of a body corporate, a ﬁne not exceed­ ing $100,000: (ii) (b) 146 (ii) (ii) (iii) Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 134 (ii) In the case of an individual, a ﬁne not exceeding $25,000.
(3) The duties that attract a penalty referred to in subsection (2)(a) are as follows: (a) For operators of risk management programmes, the du­ ties speciﬁed in— (i) Section 16(1)(c) (ensuring operations under a programme are adequately implemented and resourced): Section 16(1)(d) (ensuring operations under pro­ gramme are commensurate with capability and capacity of premises or place, facilities, equip­ ment, and staff, etc): (iii) Section 16(1)(e) (giving recognised persons ap­ propriate freedom and access for their functions and activities): (b) For recognised persons, the duties speciﬁed in— (i) Section 107(c) (maintaining impartiality and in­ dependence): Section 107(e) (reporting required matters to ap­ propriate Ministry ofﬁcial): section 107(f) (recognised risk management programme veriﬁers to be under management of recognised risk management programme verify­ ing agency): (c) For exporters, the duties speciﬁed in section 51(b) (ex­ port only material or products that meet relevant stan­ dards and speciﬁcations, and relevant overseas market access requirements).
Subsection (1)(c) was amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by substituting the words “a recognised” for the words “an accredited”.

Subsection (3)(a)(iii) and (b) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
Subsection (3)(b)(iii) was substituted, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (3)(b)(iii) was amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
147 Part 10 s 135 Animal Products Act 1999 Reprinted as at 3 September 2007 135 Failure to comply with Act, etc (1) A person commits an offence who, without reasonable excuse, Any provision of this Act; or fails to comply with— (a) (b) Any provision of any regulations made under this Act the failure to comply with which is speciﬁed in those regulations as an offence; or Any direction, condition, notice, or requirement law­ fully given, made, or imposed by or under this Act.
(c) (2) In proceedings for an offence against this section it is not ne­ cessary for the prosecution to show that the defendant intended to commit the offence.

(3) A person who commits an offence against this section for which no other penalty is speciﬁed is liable on summary con­ viction— (a) In the case of a body corporate, to a ﬁne not exceeding $100,000: In the case of an individual, to a ﬁne not exceeding $20,000.
(b) 136 Defence for persons charged with breach of duty or (1) failure to comply In any prosecution for an offence against section 134 or section 135, it is a defence if the defendant proves that— (a) The breach or failure concerned was due to the act or omission of another person, or to an accident or some other cause outside the defendant’s control; and The defendant took reasonable precautions and exer­ cised due diligence to avoid the breach or failure, or breaches or failures of that kind.
(b) (2) A defence under subsection (1) is available only if, at least 14 days before the date on which the hearing of the proceedings commences or within such further time as the Court may allow, the defendant delivers to the prosecutor a written notice that— States that the defendant intends to rely on the relevant (a) defence; and Speciﬁes the nature of the act or omission constituting the relevant breach or failure and the precautions taken against such breaches or failures.
(b) 148 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 140 137 Presumptions as to dual operator butchers In any proceedings for an offence against this Act, any ani­ mal material or product on display to the public or offered or exposed for sale at the premises or place of a dual operator butcher is to be presumed to be for sale until the contrary is proved.
138 Presumption as to possession for sale, etc Where any animal material or animal product is found on or at any premises or place used by any person (other than a dual operator butcher) for the sale of animal material or products, or for the holding or storage of animal material or animal prod­ ucts intended for sale, the animal material or animal product is to be presumed in any proceedings for an offence against this Act to be in the possession of that person for the purposes of sale until the contrary is proved.
139 Proof of compliance with Act In any proceedings for an offence against this Act relating to the sale of animal material or product, or in respect of which the sale of animal material or product is an element of the offence, it is for the defendant to prove that the provenance and previous processing of the material or product was legitimate in light of the requirements of this Act.
140 Evidence in proceedings (1) In any proceedings for an offence against this Act, a certiﬁcate or document (including electronic copy) of any of the follow­ ing kinds is admissible in evidence and, in the absence of proof to the contrary, is sufﬁcient evidence of the matter stated in the certiﬁcate or of the contents of the document, as the case may require: (a) A certiﬁcate purporting to be signed by the Director­ General, or by a delegate of the Director­General, to the effect that, at any speciﬁed date or period,— (i) A named person or body is or was, or is not or was not, an ofﬁcial assessor, an animal prod­ uct ofﬁcer, a recognised risk management pro­ gramme veriﬁer, a recognised risk management 149 Part 10 s 140 Animal Products Act 1999 Reprinted as at 3 September 2007 programme verifying agency, a recognised per­ son, a recognised agency, or an employee of the Ministry; or (ii) A speciﬁed risk management programme was or was not registered, or was or was not amended, deregistered, or surrendered under Part 2; or any matter was or was not recorded on the risk management programme register; or (iia) (iii) A named person was or was not registered as an exporter under Part 5 or listed as a homekill or recreational catch service provider under Part 6, or that the person’s registration or listing was made, removed, or withdrawn; or (iv) A speciﬁed operation was or was not suspended under section 27 or section 58; or (v) Any ofﬁcial assurance, or any statement under section 83, had or had not been given in
 respect of any animal material or animal product or con­ signment; or (vi) A named person had or had not made an election under section 32 to operate under a registered risk management programme; or (vii) A speciﬁed food safety programme was or was not registered as a risk management programme, with speciﬁed conditions, pursuant to section 34; or (viii) A speciﬁed document was or was not a copy of an ofﬁcial assurance given under this Act; or (ix) A speciﬁed document was or was not a copy of a registered
 risk management programme; or (x) A speciﬁed document was or was not a copy of a notice or direction given under this Act; or (xi) A speciﬁed document was a copy of an extract from a register or listing kept under this Act; or (xii) A speciﬁed identiﬁcation, differentiation, or se­ curity system or device was or was not speciﬁed or approved under section 158: (b) A certiﬁcate purporting to be signed by any person au­ thorised by this Act or the State Sector Act 1988 to dele­ 150 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 140 gate to any person, or to persons of any kind or descrip­ tion, the exercise or performance of any power or func­ tion under this Act, stating that— (i) The person has delegated the exercise or per­ formance of the power or function speciﬁed in the certiﬁcate to the person speciﬁed in the cer­ tiﬁcate; or The person has delegated the exercise of the power or function speciﬁed in the certiﬁcate to persons of a kind or description speciﬁed in the certiﬁcate, and that a named person speciﬁed in the certiﬁcate is a person of that kind or descrip­ tion: (ii) (c) A certiﬁcate purporting to be signed by an analyst or a recognised person stating the results of an analysis, test, or examination of a sample taken under or for the purposes of this Act: (d) A document purporting to be a copy of any material incorporated by reference into any regulation or notice or order under section 167: A document purporting to be a copy of a
 registered risk management programme: A document purporting to be a copy of an ofﬁcial assur­ ance or a statement given under section 83: (e) (f) (2) (g) A document purporting to be a copy of a notice or di­ rection or approval or speciﬁcation (including a copy of any material incorporated by reference) or requirement given under this Act.
The production of a certiﬁcate or document purporting to be a certiﬁcate or document to which subsection (1) applies is prima facie evidence that it is such a certiﬁcate or document, without proof of the signature of the person purporting to have signed it or of its nature.
(3) No certiﬁcate of an analyst or a recognised person, and no other evidence of an analysis, test, or examination under this Act, is to be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Act or of any regulations or speciﬁcations made under this Act relating to the taking, analysing, testing, or examining of samples have 151 Part 10 s 141 Animal Products Act 1999 Reprinted as at 3 September 2007 not been strictly complied with, if there has been reasonable compliance with those provisions.
(4) A certiﬁcate or document to which subsection (1) applies is (b) not admissible in evidence unless— (a) At least 14 days before the hearing at which the certiﬁ­ cate or document is to be tendered, a copy is served, by or on behalf of the prosecutor, on the defendant or the defendant’s agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certiﬁcate or document as a witness at the hearing or to call evi­ dence as to the nature of the document; and The Court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the Court in the special circumstances of the case thinks ﬁt), that the certiﬁcate or document should not be admissible as evidence in the proceedings.
The Court may not make an order under subsection (4)(b) un­ less it is satisﬁed that there is a reasonable doubt as to the ac­ curacy or validity or identity of a certiﬁcate or document.

Subsection (1)(a)(i) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
Subsection (1)(a)(i) was amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by substituting the words “a recognised” for the words “an accredited” in both places they appeared.

Subsection (1)(a)(iia) was inserted, as from 1 June 2005, by section 23 Animal Products Amendment Act 2005 (2005 No 26).
(5) Subsections (1)(c) and (3) were amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the words “a recognised” for the words “an accredited”.
141 Presumption as to authority (1) A return, record, transaction, form, application, or other in­ formation purporting to be completed, kept, or provided by or on behalf of a person is for the purposes of this Act to be presumed to have been completed, kept, or provided by that person unless the contrary is proved.
The production of— (2) 152 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 144 (a) Any document presented by an animal product ofﬁcer purporting to be a notice or an extract from a notice is­ sued by the Director­General in accordance with section 164 or section 167, or a copy of any such notice or ex­ tract; and (b) A copy of the Gazette in which the notice was notiﬁed— is in all courts and in all proceedings sufﬁcient evidence, until the contrary is proved, of the existence, notiﬁcation, and con­ tents of the notice.
142 Liability of body corporate If, in the course of proceedings against a body corporate for an offence against this Act, it is necessary to establish the state of mind of the body corporate, it is sufﬁcient to show that a director, employee, or agent of the body corporate, acting within the scope of that person’s actual or apparent authority, had that state of mind.
143 Liability of directors and managers of companies Where a body corporate is convicted of an offence against this Act, every director and every person concerned in the man­ agement of the body corporate is also guilty of a like offence if it is proved that— (a) The act or omission that constituted the offence took place with the authority, permission, or consent of the director or person; or The director or person knew that the offence was to be or was being committed, and failed to take all reasonable steps to prevent or stop it.
(b) 144 Liability of companies and persons for actions of agent or employee (1) Any act or omission on behalf of a body corporate or other person (both called the principal) by a director, agent, or em­ ployee (each called the agent) of the principal is to be treated for the purposes of this Act as being also the act or omission of the principal.
(2) Despite subsection (1), where a principal is charged under this Act in relation to the act or omission of an agent for an offence 153 Part 10 s 145 Animal Products Act 1999 Reprinted as at 3 September 2007 against any of sections 126, 127, 128, 131(1)(b), 131(1)(c), and 131(2)(b), it is a good defence to the charge if the principal proves that the principal took all reasonable steps to prevent the commission of the offence or the commission of offences of that kind.
145 Offences generally punishable on summary conviction (1) Except as provided in sections 126(3), 127(2), 128(3), 130(2), and 131(3), every offence against this Act or any regulations made under this Act is punishable on summary conviction.

(2) Despite section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
Compliance orders 146 Compliance orders (1) A compliance order is an order made by a District Court that may do any 1 or more of the following things: (a) Require a person to cease, or prohibit a person from commencing, anything done or to be done by or on be­ half of that person that, in the opinion of the Court, contravenes or is likely to contravene this Act or any requirement imposed by or under this Act, and thus— Is likely to endanger the health of humans or ani­ (i) mals through the sale of defective or non­com­ plying animal material or product; or Is likely to prejudice the integrity or reputation of New Zealand exports of animal material or products, or the integrity of ofﬁcial assurances given under this Act: (ii) (b) (c) Require a person to remedy or mitigate any adverse ef­ fect arising from any action or matter that may be the subject of an order under paragraph (a): Require a person to do something that, in the opinion of the Court, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect arising from 154 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 148 (d) any action or matter that may be the subject of an order under paragraph (a): Require a person to pay money to or reimburse the Crown for any actual and reasonable costs and expenses that the Crown has incurred or is likely to incur in avoid­ ing, remedying, or mitigating any adverse effect arising from the failure of the person to comply with a compli­ ance order earlier made against them under paragraph (a) or paragraph (b) or paragraph (c).
(2) For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and moni­ toring of the relevant situation, and the costs of any actions required to avoid, remedy, or mitigate the relevant adverse ef­ fect.

(3) A compliance order may be made on such terms and condi­ tions as the Court thinks ﬁt, including the provision of security or the entry into a bond for performance.
If the Court so orders, a compliance order applies to the per­ sonal representatives, successors, and assigns of the person to whom the order is addressed to the same extent that it applies to the person.

(4) (2) (3) 147 Application for compliance order (1) The Director­General may at any time apply to a District Court for a compliance order of a kind speciﬁed in section 146.

Every application to a District Court under this section must be made by originating application.
Except as modiﬁed— (a) (b) the rules relating to the practice and procedure of District Courts for the time being in force under the District Courts Act 1947 apply with respect to every application to the Court under this section.
By sections 148 to 156; and By any rules made under section 157,— 148 Notiﬁcation of application (1) Except as provided in section 151 (which relates to temporary compliance orders), the Director­General must serve notice of 155 Part 10 s 149 Animal Products Act 1999 Reprinted as at 3 September 2007 (2) the application on every person directly affected by the appli­ cation.
The notice must be served within 5 working days after the date on which the application is ﬁled in the District Court, or within such further time as a District Court may allow.

149 Right to be heard Except as provided in section 151, before deciding an applica­ tion for a compliance order, the Court must— (a) (b) Hear any person against whom the order is sought who Hear the applicant; and wishes to be heard.
150 Decision on application After considering an application for a compliance order, the Court may— (a) Make an appropriate order under section 146; or (b) Refuse the application.

151 (1) (2) Interim compliance orders If a District Court Judge considers it necessary to do so, the Judge may make an interim compliance order without requir­ ing service of notice in accordance with section 148 and with­ out holding a hearing.
Before making an interim compliance order, the Judge must consider— (a) Whether failure to make the order is likely— (i) (ii) To endanger the health of humans or animals through the sale of the animal material or product concerned; or To prejudice the integrity or reputation of New Zealand exports of animal material or products, or the integrity of ofﬁcial assurances under this Act; and (b) Whether the Court should hear the applicant or any per­ son against whom the order is sought; and Such other matters as the Judge thinks ﬁt.
(c) 156 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 153 (3) (4) The Judge must direct the applicant or another person to serve a copy of the interim compliance order on the person against whom the order is made.
The interim compliance order— (a) Takes effect from when it is served, or on and from such later date as the order directs; and Remains in force until the application under section 147 for a compliance order in respect of the same matter is determined, or until cancelled under subsection (5) of this section or under section 152.
(b) (5) A person against whom an interim compliance order has been made without the person having been heard may apply to a District Court Judge to change or cancel the order, and, after hearing from that person and the applicant for the order, the Judge may conﬁrm, change, or cancel the interim compliance order.
(2) 152 Change or cancellation of compliance order (1) Without limiting section 151(5), any person directly affected by a compliance order may at any time apply to a District Court in the prescribed manner to change or cancel the order.

The applicant must, within 5 working days after making the application, serve notice of the application in the prescribed manner on the Director­General and on any other person (out­ side the Ministry) who was directly affected by the original order.
Before deciding an application to change or cancel a compli­ ance order, the Court must hear the applicant, the Director­ General, and any person directly affected by the original com­ pliance order who wishes to be heard.

(3) (4) After considering the application, the Court may— (a) (b) Change or cancel the compliance order; or Refuse the application.
153 Compliance with compliance order (1) Where a compliance order is served on the person against whom it is directed, the person must— Comply with the order; and (a) 157 Part 10 s 154 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) Unless the order directs otherwise, pay all the costs and expenses of complying with the order.
(2) If the person fails to comply with the order, the Director­Gen­ eral may comply with the order on behalf of the person, and, for this purpose, may— (a) Exercise, or direct the exercise of, any of the powers of an animal product ofﬁcer under this Act; and Recover the costs and expenses of complying with the order as a debt due from the person.
(b) 154 Appeals to High Court (1AA) This subsection applies to a decision of a District Court, on an application under section 147, to— (a) make or refuse to make a compliance order; or (b) (c) dismiss the proceedings; or otherwise ﬁnally determine the proceedings.

(1) A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudi­ cially affected by the decision, may appeal to the High Court against the decision.
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modiﬁcations, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

(2) (3) Subsection (1AA) was inserted, as from 24 November 2003, by section 4 Dis­ trict Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
Subsections (1) and (2) were substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

Subsection (3) was repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.
155 Appeals to Court of Appeal or Supreme Court (1) With the leave of the court appealed to, a party to an appeal under section 154 may appeal to the Court of Appeal or the 158 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 10 s 157 Supreme Court against any determination of the High Court in the appeal.

(3) (2) On an appeal under this section, the Court of Appeal or the Supreme Court has the same power to adjudicate on the pro­ ceedings as the High Court had.
Subsection (1) is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisﬁed that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

Section 155 was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).
See sections 50 to 55 of that Act for the transi­ tional and savings provisions.

156 Effect of appeal Except where the Court making the order appealed from other­ wise directs,— (a) The operation of a compliance order is not suspended by an appeal under section 154 or section 155; and Every compliance order may be enforced in the same manner in all respects as if no such appeal were pending.
(b) 157 Rules of court In addition to all other powers conferred by the District Courts Act 1947, the Governor­General may from time to time, by Order in Council, make rules— (a) Regulating the practice and procedure of District Courts in proceedings under this Act that relate to compliance orders: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act that relate to compliance orders.
(b) 159 Part 11 s 158 Animal Products Act 1999 Reprinted as at 3 September 2007 Part 11 Miscellaneous provisions Identiﬁcation and related systems 158 (1) Identiﬁcation systems and devices The Director­General may from time to time, by notice under section 167, specify or approve— (a) Systems and devices providing for the identiﬁcation, differentiation, or security of animal material, animal products, premises or places, and associated things: The persons who may operate or apply such systems and devices: The persons who manufacture identiﬁcation, differenti­ ation, and security systems and devices, and the security of the processes used to manufacture them: Conditions on the use and security of the identiﬁcation systems or devices.
(b) (c) (d) (2) The Director­General may specify or approve identiﬁcation, differentiation, or security systems and devices and persons under this section for any of the following purposes: (a) Facilitating the management and auditing of risks in re­ lation to animal material and products: (b) Marking the presence or absence in animal material or products of particular qualities or standards relating to the purposes of this Act: Indicating the intended purpose of any animal material or product: Supporting requirements in relation to ofﬁcial assur­ ances.
(d) (c) In determining whether or not to approve an identiﬁcation, differentiation, or security system or device under this section, the Director­General must have regard to the need for methods of identiﬁcation that— (a) Provide unique, clear, and lasting identiﬁcation, dif­ ferentiation, or security having regard to the purpose for which identiﬁcation, differentiation, or security is needed; and (b) Do not create confusion with any other generally used system of identiﬁcation, differentiation, or security; and (3) 160 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 159 (4) (5) (c) Minimise the risk of misuse of the identiﬁcation, differ­ entiation, or security system or device.
Regulations made under this Act may apply prohibitions, re­ strictions, requirements, or conditions on persons or classes of persons in respect of their use of identiﬁcation, differentiation, or security systems or devices speciﬁed or approved under this section.
In this section, device includes a device that, whether or not also serving identiﬁcation or differentiation purposes, may also operate as a security device to prevent or hinder tamper­ ing with any identiﬁcation device, container, or packaging, or the contents of the container or packaging.

Subsection (1)(d) was amended, as from 26 September 2002, by section 44 Ani­ mal Products Amendment Act 2002 (2002 No 29) by inserting the words “or devices”.
Recordkeeping requirements and use of information 159 Records and returns (1) The following persons must keep such records and other in­ formation in relation to animal material, animal products, and associated things, and make such returns to the Director­Gen­ eral as may be required by or under regulations or other spe­ ciﬁcations or requirements made by or under this Act: (a) Operators of animal product businesses: (b) Operators of registered risk management programmes: (c) (d) (e) (f) (g) (h) The following persons must also keep such records and infor­ mation, and make such returns to the Director­General or other appropriate person in the Ministry, as may be required by or under a registered risk management programme: (a) (b) Exporters: Persons subject to a regulated control scheme: Dual operator butchers: Homekill or recreational catch service providers: recognised persons: Recognised agencies.
The operator of the risk management programme: recognised risk management programme veriﬁers and recognised risk management programme verifying (2) 161 Part 11 s 160 Animal Products Act 1999 Reprinted as at 3 September 2007 (3) (c) agencies who carry out veriﬁcation functions and ac­ tivities in relation to the programme: Any other recognised person or recognised agency who undertakes functions or activities in relation to the pro­ gramme.
(b) For the purposes of this Act, the Director­General may, in any particular case or class of cases, by notice under section 167,— Require records and other information additional to (a) those speciﬁed in regulations to be kept and provided to the Director­General by any person referred to in subsections (1) and (2); and Specify the manner and form in which such records and other information are to be kept and provided.
Subsection (1)(g) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “Accredited”.

Subsection (2)(b) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “accredited risk management programme veriﬁers and recognised risk management programme verifying agencies” for the words “Accredited veriﬁers and recognised verifying agencies”.
Subsection (2)(b) and (c) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited”.
160 Records to be available for inspection, etc A person who is required by or under section 159 to keep records or any other information must at all reasonable times— (a) Permit the Director­General, any animal product ofﬁ­ cer, or any ofﬁcial assessor to inspect and make copies of any such record or information; and (b) On demand from the Director­General, any animal product ofﬁcer, or any ofﬁcial assessor, provide access to all relevant information required to be kept under this Act in the person’s possession with respect to any animal material or animal product or thing subject to this Act or any associated thing.
162 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 161 161 Disclosure of information for purpose of ensuring product (1) (b) (c) safety, etc The purpose of this section is to ensure that Government agen­ cies and other persons and agencies involved in risk manage­ ment programmes, food safety programmes, or in the admin­ istration of other requirements imposed by or under this Act, are able to disclose to each other such information as is desir­ able or necessary to ensure— (a) The health or wellbeing of producers, processors, con­ sumers, and users of animal material and products; or The ﬁtness for intended purpose of animal products; or The integrity and reputation of New Zealand exports of animal material and products, and the integrity of ofﬁcial assurances given under this Act.
(2) Despite privacy principles 2 and 11 of the Privacy Act 1993, an approved agency or an ofﬁcer or employee of an approved agency may disclose to any other approved agency, or ofﬁcer or employee of that agency, any information supplied or ob­ tained under or for the purposes of any of the enactments spe­ ciﬁed in subsection (5)(a), if the disclosure of that information is necessary or desirable for any of the purposes speciﬁed in subsection (1).
(3) Nothing in subsection (2) authorises the disclosure of any in­ formation to the persons or bodies listed in paragraphs (b) to (f) of subsection (5) unless the disclosure is necessary to en­ able them to properly discharge their obligations under this Act.
(4) Nothing in subsection (2) authorises the disclosure of com­ mercially sensitive information unless and to the extent that the disclosure is necessary in the particular case to ensure— The health or well­being of any person or animal; or (a) The integrity and reputation of New Zealand exports of (b) animal material and products, or the integrity of ofﬁcial assurances given under this Act.
In this section, approved agency means— (a) Any Government department that is for the time being charged with the administration of any of the following Acts: (i) This Act: (5) 163 Part 11 s 161 Animal Products Act 1999 Reprinted as at 3 September 2007 (ii) the Marine Farming Act 1971: (iii) The Health Act 1956: (iv) The Apiaries Act 1969: (iva) (ivb) the Testing Laboratory Registration Act 1972: (v) The Meat Act 1981: (vi) The Food Act 1981: (vii) The Medicines Act 1981: (viii) The Biosecurity Act 1993: (viiia) the Animal Identiﬁcation Act 1993: (viiib) the Hazardous Substances and New Organisms Act 1996: (ix) The Fisheries Act 1996 or the Fisheries Act 1983: (x) (xi) The Agricultural Compounds and Veterinary The Customs and Excise Act 1996: Medicines Act 1997: (xia) The Animal Welfare Act 1999: (xib) the Dairy Industry Restructuring Act 2001: (xii) Any other Act enacted in substitution for any of the above enactments: (b) Any primary producer, processor, transporter of animal (c) material or product, or exporter: Any recognised risk management programme veriﬁer or recognised risk management programme verifying agency: (d) Any other person or body having functions or duties (e) (f) under this Act: Any other person or body having an involvement in 1 or more risk management programmes or food safety pro­ grammes whose proper performance of their functions or duties depends on the supply of the relevant informa­ tion: Any management agency that is charged with the ad­ ministration of pest management strategies under the Biosecurity Act 1993.
Subsection (5)(a)(ii) was repealed, as from 1 June 2005, by section 24(a) Animal Products Amendment Act 2005 (2005 No 26).

Subsection (5)(a)(iva) and (ivb) was inserted, as from 1 June 2005, by section 24(b) Animal Products Amendment Act 2005 (2005 No 26).

164 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 162 Subsection (5)(a)(viiia) and (viiib) was inserted, as from 1 June 2005, by section 24(c) Animal Products Amendment Act 2005 (2005 No 26).
Subsection (5)(a)(xia) was inserted, as from 1 January 2000, by section 194 Ani­ mal Welfare Act 1999 (1999 No 142).

Subsection (5)(a)(xib) was inserted, as from 1 June 2005, by section 24(d) Ani­ mal Products Amendment Act 2005 (2005 No 26).

Subsection (5)(c) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “recognised risk management programme verifying agency” for the words “recognised verifying agency”.
Subsection (5)(c) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.
162 Right of review of certain decisions made under delegated Right of review (1) authority This section applies to any of the following decisions made under this Act by a person acting under the delegated authority of the Director­General, or by a person or organisation acting pursuant to an arrangement or contract with the Director­Gen­ eral: (a) A decision to refuse to register a risk management pro­ gramme under section 23 or an amendment to a pro­ gramme under section 25: a decision to suspend all or any operations under a risk management programme under section 27, or to dereg­ ister a programme under section 28, or to remove an animal product business or part­business from coverage of a programme under section 28A: A decision to refuse to recognise a person or body under section 104: a decision to suspend or withdraw recognition of a per­ son or agency under section 108A or section 109: A decision to refuse to register a person as an exporter under section 56: A decision to deregister an exporter or to suspend export operations under section 58: a decision to refuse to list an operation as a game estate under section 65I, or to delist a game estate under sec­ tion 65J.
(b) (c) (d) (e) (f) (g) 165 Part 11 s 162 Animal Products Act 1999 Reprinted as at 3 September 2007 (2) A person who is dissatisﬁed with any such decision may seek a review of the decision by the Director­General or by a person designated by the Director­General who was not involved in making the original decision.
(3) An application for a review must— Be in writing; and State the grounds on which it is believed that the ori­ ginal decision was inappropriate; and Be provided to the Director­General within 30 days af­ ter the original decision was notiﬁed to the applicant.
(a) (b) (c) (5) (4) The Director­General, or a person designated by the Director­ General who was not involved in the original decision, must review the matter within 60 days, or within such extended period not exceeding a further 30 days as the Director­Gen­ eral or designated person may specify by notice in writing to the applicant.
For the purposes of a review, the Director­General or desig­ nated person may require the applicant to supply information additional to that contained in the application for review within a speciﬁed time.

The time taken to supply any such infor­ mation (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits speciﬁed in subsection (4).
The decision sought to be reviewed remains valid unless and until altered by the Director­General or designated person.

The Director­General or designated person must, as soon as practicable, notify the applicant for review of his or her deci­ sion on the review in writing, giving reasons for the decision.

(8) A decision by the Director­General under this section is ﬁnal, unless determined otherwise by a court of law of competent jurisdiction.
Subsection (1)(b) was substituted, as from 26 September 2002, by section 45(1) Animal Products Amendment Act 2002 (2002 No 29).

(7) (6) Subsection (1)(c) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “accredit or”.

Subsection (1)(d) was substituted, as from 1 June 2005, by section 25 Animal Products Amendment Act 2005 (2005 No 26).
Subsection (1)(d) was to be amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by omitting the words “ac­ 166 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 163 creditation or”.

However, this amendment appears to have been made redun­ dant by the substitution of subsection (1)(d) by the same amendment Act, see above.

Subsection (1)(g) was inserted, as from 26 September 2002, by section 45(2) Animal Products Amendment Act 2002 (2002 No 29).
Consultation, notiﬁcation, etc 163 Consultation requirements for making of certain Orders (1) (2) (3) (4) in Council, speciﬁcations, etc Before making any recommendation for the making of an Order in Council or regulations under section 9 (exclusion from ambit of Act), section 15 (inclusion within requirement to have risk management programme), section 38 (regulated control schemes), section 44 (animal product standards), section 49 (inclusion within requirement for exporters to be registered), or section 118 (levies), the Minister— (a) Must be satisﬁed that the Director­General has carried out consultation in accordance with subsection (3) and has advised the Minister of the results of any such con­ sultation; and (b) Must take into account the results of that consultation.
Before setting any speciﬁcations or requirements for the pur­ poses of any regulated control scheme or animal product stan­ dards under section 40(1)(a) or (c) or section 45, the Director­ General must consult in accordance with subsection (3) and take into account the results of that consultation.
The Director­General must— (a) Do everything reasonably practicable on his or her part to consult with the persons or organisations that appear to the Director­General to be representative of the inter­ ests of persons likely to be substantially affected by the making of the relevant order or regulations or the setting of the relevant speciﬁcations or requirements referred to in subsections (1) and (2); and In the case of a proposed Order in Council, advise the Minister of the results of any such consultation.
The process for such consultation should, to the extent prac­ ticable in the circumstances, include— (b) 167 Part 11 s 164 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) (c) The giving of adequate and appropriate notice of the intention to make the order or set the speciﬁcations or requirements; and The provision of a reasonable opportunity for interested persons to make submissions; and Adequate and appropriate consideration of any such submissions.
This section does not apply in respect of the making of any order by the Minister or the setting of any speciﬁcations or requirements by the Director­General if the Minister or Dir­ ector­General considers it necessary or desirable in the public interest that the order be made, or the speciﬁcations or require­ ments be set, as a matter of urgency.
(5) (6) A failure to comply with this section does not affect the val­ idity of any order or regulations made or any speciﬁcations or requirements set under this Act.

164 Notiﬁcation of certain matters (1) This section applies to notices issued by the Director­General that are of a kind listed in section 167.
(2) Where any notice to which this section applies affects only 1 person or a small number of persons, and the identity of those persons is known, the Director­General must— (a) Notify the persons of the matter individually in accord­ ance with section 165; and Either— (i) Supply them with a copy of the speciﬁcations, requirements, exemption, or other matter con­ cerned; or (b) (ii) Notify them where they may inspect a copy free of charge (which may include inspection by elec­ tronic means) or obtain a copy on payment of a reasonable charge.
(3) Where it is not possible or practicable to notify a matter to which this section applies in accordance with subsection (2), the Director­General must— (a) Either publish the speciﬁcations, requirements, exemp­ tion, or other matter concerned in the Gazette, or notify their making or existence in the Gazette; and 168 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 165 (4) (b) Where the Director­General considers it practicable, cause them to be brought to the attention of persons likely to be affected by them by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).
If the speciﬁcations, requirements, exemption, or other mat­ ter concerned are notiﬁed only, and not published, in the Gazette,— (a) The Director­General must make copies available for inspection free of charge, and for purchase at a reason­ able cost, at the head ofﬁce of the Ministry and at such other places as the Director­General determines; and The Gazette notice must specify where a copy may be inspected or obtained.
(b) 165 Service of individual notices, etc (1) Where under any of the provisions of this Act any notice or other document or information is to be served on or supplied to the Minister, the Director­General, an animal product ofﬁcer, or an ofﬁcial assessor, it may be delivered, whether personally, by post, or by electronic means acceptable to the Director­ General, to an animal product ofﬁcer or ofﬁcial assessor at an appropriate ofﬁce of the Ministry.
(2) Where under any of the provisions of this Act any person is to be notiﬁed of any matter, written notice of that matter may be given or supplied to the person either personally or by post or facsimile addressed to that person, or by electronic means acceptable to the person, at— (a) The person’s address or electronic address as notiﬁed under this Act, in the case of an operator of a regis­ tered risk management programme, or a registered ex­ porter or a listed homekill or recreational catch service provider; or The person’s last known business or residential address, in any other case.
(b) (3) Where a solicitor represents that the solicitor is authorised to accept any notice or document on behalf of any person, it is sufﬁcient notiﬁcation to deliver the document to the solicitor if 169 Part 11 s 165A Animal Products Act 1999 Reprinted as at 3 September 2007 the solicitor signs a memorandum stating that he or she accepts the document on behalf of that person.
(4) Where any notice or other document or information is posted to any person (whether physically or by electronic means), it will be treated as having been received by that person not later than 7 days after the date on which it was posted, unless the person proves that, otherwise than through fault on the person’s part, it was not so received.
165A Directions, etc, to non­Ministry persons with functions (1) under Act This section applies in the case where the Director­General wishes to issue any notice, direction, or instruction or other­ wise communicate any requirement (a notiﬁcation) to a per­ son or body (the relevant person) who— (a) has functions for the purposes of the administration of this Act, whether as a recognised person, recognised agency, ofﬁcial assessor, or otherwise; and is a person or body who is not a Ministry employee or ofﬁcer or group of Ministry employees or ofﬁcers.
(b) to the relevant person directly; or to the relevant person’s employer.

(2) Where the Director­General wishes to issue a notiﬁcation to a relevant person, the Director­General may issue that notiﬁca­ tion— (a) (b) If the notiﬁcation is issued to the relevant person directly, the Director­General must also, within a reasonable time, supply a copy of it to the relevant person’s employer.
If the notiﬁcation is issued to the relevant person’s em­ ployer,— (a) (3) (4) the notiﬁcation must clearly identify the relevant person or class of relevant persons the notiﬁcation is intended for; and it is deemed to have been given to the relevant person or persons if given within a reasonable time before the notiﬁcation is required to be acted upon; and the employer is under a duty to inform the relevant per­ son, or all persons of the relevant class, of the content of (b) (c) 170 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 166 (5) (6) the notiﬁcation as soon as reasonably practicable hav­ ing regard to the tenor of the notiﬁcation.
within 7 days; or For the purposes of subsections (3) and (4), within a reason­ able time means— (a) (b) within such greater or lesser period, or at such greater or lesser intervals in relation to groups of notiﬁcations, as may have been generally agreed between the Director­ General and the employer, or notiﬁed by the Director­ General to the employer, in respect of notiﬁcations of that kind.
In this section, employer, in relation to the relevant person, includes— (a) a director, partner, secretary, or other ofﬁcer or ofﬁcial of a company or other body of which the relevant person is an employee: a company or other body to whom the relevant person is contracted in relation to the person’s functions for the purposes of this Act.

(b) Section 165A was inserted, as from 26 September 2002, by section 46 Animal Products Amendment Act 2002 (2002 No 29).
Subsection (1)(a) was amended, as from 1 June 2005, by section 5(8) Ani­ mal Products Amendment Act 2005 (2005 No 26) by substituting the words “a recognised” for the words “an accredited”.
Regulations, notices, etc 166 Regulations (1) The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing requirements, criteria, speciﬁcations, pro­ cedures, and related matters in relation to risk manage­ ment programmes and the amending and updating of risk management programmes, and to elections to oper­ ate under a risk management programme under section 32 or the registration of a food safety programme as a risk management programme under section 34: 171 Part 11 s 166 Animal Products Act 1999 Reprinted as at 3 September 2007 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Prescribing requirements, criteria, speciﬁcations, and other related matters in respect of regulated control schemes in accordance with section 38: Prescribing animal product standards, including cri­ in teria, speciﬁcations, and other related matters, accordance with section 44: Prescribing exemptions for any class of consignment, animal material or product, or person for the purposes of section 50, including prescribing conditions in respect of any such exemption and authorising the Director­ General to exempt or impose conditions in relation to any consignment, animal material or product, or person of a prescribed class: Prescribing procedures and requirements relating to the recognition of agencies and persons: Prescribing procedures and requirements relating to the registration of exporters: Prescribing procedures and requirements for applying for and obtaining ofﬁcial assurances, and otherwise pre­ scribing matters in relation to ofﬁcial assurances: Prescribing procedures and requirements relating to the use by persons of identiﬁcation, differentiation, and security systems and devices approved or speciﬁed under section 158, including prohibitions, restrictions, and conditions on the use of such systems and devices: Imposing and prescribing fees, charges, levies, and other cost recovery mechanisms for the purposes of Part 9, and generally for the purposes of
 this Act: Prescribing records, returns, or information in relation to animal material or animal products or associated things which any person or class of persons may be required to keep or provide to the Director­General or any animal product ofﬁcer or ofﬁcial assessor: Prescribing performance standards, criteria, and speci­ ﬁcations for recognised persons, recognised agencies, and ofﬁcial assessors, including requirements as to competencies, experience, and qualiﬁcations: (ka) prescribing procedures and requirements for the listing of game estates: 172 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 167 (l) (m) (n) (o) (p) Prescribing procedures and requirements for the listing of homekill and recreational catch service providers: Prescribing for the purposes of section 69 classes of persons who may kill or process for reward homekill or recreational catch without requiring to be listed as homekill or recreational catch service providers: Prescribing forms and procedures for the purposes of this Act: Specifying matters which constitute offences for the purposes of section 135(1)(b): Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2) Regulations made under this Act may— (a) Authorise the Minister or the Director­General to issue or impose any approval, requirement, prohibition, spe­ ciﬁcation, restriction, condition, direction, instruction, or order in any particular case or class of cases: (b) Authorise an animal product ofﬁcer or ofﬁcial assessor to issue or impose any requirement, prohibition, condi­ tion, direction, or instruction in any particular case or class of cases: Exempt from compliance with or from the application of any provisions of the regulations any animal mater­ ial, animal product, process, operation, person, place, premises, or area, or authorise the Minister or the Dir­ ector­General to grant such exemptions as the regula­ tions may specify.
(c) Subsection (1)(e) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “the ac­ creditation of”.

Subsection (1)(k) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recog­ nised” for the word “accredited”.

Subsection (1)(ka) was inserted, as from 26 September 2002, by section 47 Ani­ mal Products Amendment Act 2002 (2002 No 29).
167 Notices (1) The Director­General may from time to time issue notices for the following purposes: 173 Part 11 s 167 Animal Products Act 1999 Reprinted as at 3 September 2007 (a) (b) (ba) (c) (d) (e) (f) (g) (h) (i) (j) (ja) (jb) Exempting under section 14 any animal product pro­ ducer or processor from the requirement to operate under a risk management programme: Setting speciﬁcations in relation to risk management programmes for the purposes of sections 17 and 34: specifying for the purposes of section 24(3) the circum­ stances that will not be treated as involving a change in the operator of a registered risk management pro­ gramme: Specifying matters in relation to the amendment of risk management programmes under section 25, including specifying the kinds of changes that do not constitute an amendment requiring registration, and specifying the amount of notice of a future amendment that may be required: Specifying matters in relation to the updating of risk management programmes under section 26: Notifying requirements in relation to the termination of contracts with recognised risk management programme verifying agencies under section 36: Setting speciﬁcations for the purposes of, or imposing, a regulated control scheme for overseas market access purposes under section 40(1)(b): Setting speciﬁcations under a regulated control scheme in accordance with section 40: Setting speciﬁcations and providing for matters of detail in relation to animal product standards in accordance with section 45: Exempting under section 50 any particular consignment or animal material or product or person, or class of consignments, animal material or products, or persons, from the export requirements of Part 5: Specifying particulars to be shown on the register of exporters under section 53(c): specifying under section 59A requirements that must be met in relation to animal material or product intended for export: notifying any exemption under section 60B from the requirements of any food standard: 174 Reprinted as at 3
 September 2007 Animal Products Act 1999 Part 11 s 167 (l) (k) (lc) (la) (lb) Setting speciﬁcations in relation to the issue and control of ofﬁcial assurances under section 62: Specifying matters in relation to the obtaining of ofﬁcial assurances under section 63: specifying species, kinds, or description of animals to be treated as game estate for the purposes of section 65B: specifying other particulars to be shown in the register of game estates kept under section 65F: for the purposes of sections 67(2), 68(2), and 69(3), imposing conditions in respect of the sale or disposal to renderers of any parts of a homekill or recreational catch product: requiring the making of declarations under section 81A, and specifying matters in relation to the declarations: Specifying the requirements and procedures for the recognition of agencies and persons under section 102: (ma) specifying the value to be attributed to any component of a formula of a kind referred to in section 117(4A) that determines fees or charges: (m) (ld) (o) (n) Notifying, and setting speciﬁcations in relation to, iden­ tiﬁcation and differentiation systems and security de­ vices speciﬁed or approved under section 158 for the purposes of this Act: Specifying records and other information to be kept and returns to be made by any person for the purposes of section 159: Specifying the competencies or qualiﬁcations or experi­ ence or other requirements to be met by— (i) (p) Recognised agencies, or persons or bodies wish­ ing to become recognised agencies: recognised persons, or persons wishing to be­ come recognised persons: (ii) (q) (iii) Ofﬁcial assessors: Specifying performance standards and other matters in respect of the performance of their functions by recog­ nised agencies, recognised persons, and ofﬁcial asses­ sors.
175 Part 11 s 168 Animal Products Act 1999 Reprinted as at 3 September 2007 (2) Any notice under subsection (1) must be notiﬁed in accordance with section 164.

(3) A notice under subsection (1)(ma)— (a) (b) is to be treated as a regulation for the purposes of the Regulations (Disallowance) Act 1989; but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
Subsection (1)(ba) was inserted, as from 26 September 2002, by section 48(1) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (1)(e) was amended, as from 26 September 2002, by section 5(10) Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “risk management programme” after the word “recognised”.

Subsection (1)(ja) was inserted, as from 26 September 2002, by section 48(2) Animal Products Amendment Act 2002 (2002 No 29).
Subsection (1)(jb) was inserted, as from 1 June 2005, by section 26 Animal Products Amendment Act 2005 (2005 No 26).

Subsection (1)(la) to (ld) were inserted, as from 26 September 2002, by section 48(3) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (1)(m) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by omitting the words “accredit­ ation of”.
Subsection (1)(ma) was inserted, as from 26 September 2002, by section 48(4) Animal Products Amendment Act 2002 (2002 No 29).

Subsection (1)(p)(ii) and (q) was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised” for the word “accredited” wherever it appeared.

Subsection (3) was inserted, as from 26 September 2002, by section 48(5) Ani­ mal Products Amendment Act 2002 (2002 No 29).
Incorporation of material by reference into regulations, notices, and orders The following material may be incorporated by reference into any regulations, notice, or order (all referred to in this section as instruments) made or given under this Act: (a) Standards, requirements, or recommended practices published by or on behalf of any body or person in New Zealand or in any other country: Standards, requirements, or recommended practices of international or national organisations: Standards, requirements, or recommended practices of any country or jurisdiction: (b) (c) 168 (1) 176 Reprinted as at 3 September 2007 Animal Products Act 1999 Part 11 s 168 (d) Any other material that, in the opinion of the Minister (or, as appropriate, the Director­General), is too large or impractical to be printed as part of the instrument concerned.
(2) Any such material may be incorporated in an instrument in whole or in part, and either unmodiﬁed or with such additions, omissions, or variations as are speciﬁed in the instrument.

(5) (4) (3) Any such material so incorporated by reference in an instru­ ment is to be treated for all purposes as forming part of that instrument.
Every reference in an instrument to the current edition of any standard work of reference is, unless the instrument otherwise speciﬁes, to be construed at any particular time as the latest edition of that work available at that time, together with any amendments, additions, and deletions made to or from it up to that time.
If any amendment to material incorporated by reference under this section (other than to any standard work of reference) is made, that amendment does not take effect until the date spe­ ciﬁed for that purpose by the Director­General by notiﬁcation in the Gazette.
The Director­General must— (a) Make available for inspection free of charge, at the head ofﬁce of the Ministry and at such other places as the Director­General determines as necessary or appropri­ ate, copies of all material incorporated in an instrument by reference under this section; and Either make copies of such material available for pur­ chase, at reasonable cost, or advise where copies of the material may be obtained.
(b) (6) 177 Part 11 s 169 Animal Products Act 1999 Reprinted as at 3 September 2007 Repeals, amendments, and transitional provisions 169 Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999 The following matters ancillary to this Act appear in the Animal Products (Ancillary and Transitional Provisions) Act 1999: (a) Repeal of the Meat Act 1981 with effect on and from 1 July 2006: (b) Amendments to the Meat Act 1981 pending its repeal: Associated repeals, revocations, and amendments to (c) other Acts and regulations (including a restatement of provisions of the Apiaries Act 1969 saved by section 171 of the Biosecurity Act 1993 and section 111 of the Biosecurity Amendment Act 1997): Transitional provisions applying up until 1 July 2006. repeal of the Dairy Industry Act 1952 (with effect on the commencement of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005), to­ gether with associated revocations, amendments, and savings and transitional provisions.
(d) (e) For the purposes of sections 20A and 21 of the Acts Interpret­ ation Act 1924, this Act, together with the Animal Products (Ancillary and Transitional Provisions) Act 1999, is to be treated as having repealed the Meat Act 1981 and the Api­ aries Act 1969 and (with effect on the commencement of the Animal Products Amendment Act 2005) the Dairy Industry Act 1952 and having been passed in substitution for those Acts (but without preventing the Biosecurity Act 1993 from being similarly treated in relation to relevant provisions of the Apiaries Act 1969).
Subsection (1)(a) and (d) was amended, as from 26 September 2002, by section 49 Animal Products Amendment Act 2002 (2002 No 29) by substituting the words “1 July 2006” for the words “1 November 2002”.

Subsection (1)(e) was inserted, as from 1 June 2005, by section 27(1) Animal Products Amendment Act 2005 (2005 No 26).
Subsection (2) was amended, as from 1 June 2005, by section 27(2) Animal Products Amendment Act 2005 (2005 No 26) by inserting the words “and (with (1) (2) 178 Reprinted as at 3 September 2007 Animal Products Act 1999 Schedule effect on the commencement of the Animal Products Amendment Act 2005) the Dairy Industry Act 1952” after the words “Apiaries Act 1969”.

Schedule Search warrant Section 94 179