Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943632766.pdf (New Zealand)
Agricultural Compounds and Veterinary Medicines Act 1997 Public Act Date of assent 1997 No 87 21 November 1997 Contents Title Short Title and commencement Part 1 Preliminary Interpretation Act to bind the Crown Purpose of Act Part 2 Importation, manufacture, and sale of agricultural compounds Importation Imported agricultural compounds to be cleared for entry into New Zealand Agricultural compound clearance Declaration Prohibition of sale or use Registration of agricultural compounds Application for registration Form of application Additional information Director­General to withhold information Notiﬁcation of application to Minister and departments Notiﬁcation of application Waiver of notiﬁcation Time limits and waivers Submissions on applications Submissions to be forwarded to applicant Note This Act is administered in the Ministry of Agriculture Page 5 5 6 10 10 11 11 12 12 12 13 13 13 15 15 16 17 18 18 1 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Relevant risks and beneﬁts Evaluation of risks and beneﬁts Decision on application Term of registration Conditions on trade name products Register of agricultural compounds Certiﬁcate of registration Application for provisional registration Decision on application for provisional registration Codes of practice Reassessment of trade name products Reassessment of provisional registration Director­General may prohibit or restrict product Meaning of new information No compensation following reassessment Transfer and surrender of registration Rights of registrant Part 3 Powers of Director­General and Minister Powers and functions of Director­General Delegation by Director­General Policy directions Minister’s power to call in applications with signiﬁcant effects Notiﬁcation of Minister’s direction Board of inquiry Investigation by Board of Inquiry Board of Inquiry to report to Minister Minister to decide application and notify decision Part 4 Appeals Appeals Appeal on question of law
 Notice of appeal Right to appear and be heard on appeal Parties to appeal Orders of High Court Additional appeals on points of law Extension of time Date of hearing Appeals to Court of Appeal Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 Offences Offences Penalties Revocation of registration Liability of employers and principals Liability of directors and ofﬁcers of bodies corporate Appointment of inspectors Appointment of authorised persons Appointment of accredited persons Protection of inspectors, authorised persons, and accredited persons Powers of entry for inspection Inspectors or authorised persons may issue prohibition notices Compliance with prohibition notices Matters may be completed by different inspectors or authorised persons Appeals against prohibition notices Issue of search warrants Powers of entry with warrant Disposal of property seized Part 6 Protection of certain conﬁdential information about innovative agricultural compounds Interpretation Protection of conﬁdential supporting information about innovative agricultural compounds Circumstances where protection under section 73 does not apply Part 7 Miscellaneous provisions Regulations Recommendation of Order in Council Warranties Consultation before making of Orders in Council Relationship to other Acts Correction of errors Regulations prescribing fees and charges Prohibition of importation or manufacture by registrant for non­payment of fees Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 83 84 85 86 87 88 89 90 91 92 93
 Debt due to the Crown Amendment of Schedule 1 Amendments to other Acts Repeals and revocations Part 8 Transitional provisions General Interpretation Regulations relating to transitional provisions Transitional provisions for certain agricultural compounds in use at commencement of Act Transitional provisions for inspectors Application for registration made before commencement of Act Continuation of registration Animal remedies Applications for licences made before commencement of Act Continuation of licences Exemption from Act Continuation of Animal Remedies Board Registrar of Animal Remedies Prescription animal remedies Labelling Containers for animal remedies Advertisements Register of licences Correction of errors Loss or destruction of licence Reissue of licence Revocation or suspension of licences Variation of particulars Information protected under Part 2A of Animal Remedies Act 1967 Regulations to continue to apply Transfer of assets of Animal Remedies Board 94 95 96 97 98 99 100 101 Warranties 102 103 104 105 106 107 108 109 Pesticides Application of sections 113 to 122 Continuation of sale and use of pesticide Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Registration subject to restricted use Experimental use permits Labelling Advertisements Review of registration 114 115 116 117 118 119 Warranties 120 121 Pesticides register Information protected under Part 2A of Pesticides Act 1979 Regulations to continue to apply 122 Schedule 1 Schedule 2 Enactments amended Schedule 3 Enactments repealed Schedule 4 Regulations and orders revoked Schedule 5 Regulations and orders continued in force s 1 71 71 71 72 72 72 73 73 73 74 75 78 79 81 An Act to reform and restate the law relating to agricultural compounds, and to repeal— (a) (b) (c) (d) The Stock Foods Act 1946; and The Fertilisers Act 1960; and The Animal
 Remedies Act 1967; and The Fertilisers Act 1982 BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) Short Title and commencement This Act may be cited as the Agricultural Compounds and Veterinary Medicines Act 1997.
This Act comes into force on a date to be appointed by the Governor­General by Order in Council.
5 Part 1 s 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— Accredited person means a person for the time being ap­ pointed as an accredited person under section 62 Advertisement means any publication to the community or to any section of the community of any words, whether written, printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any agricultural compound; and to advertise has a corres­ ponding meaning Agricultural compound means any substance, mixture of substances, or biological compound, used or intended for use in the direct management of plants and animals, or to be applied to the land, place, or water on or in which the plants and animals are managed, for the purposes of— (a) Managing or eradicating pests, including vertebrate pests; or (c) (d) (b) Maintaining, promoting, or regulating plant or animal productivity and performance or reproduction; or Fulﬁlling special nutritional requirements; or The manipulation, capture, or immobilisation of ani­ mals; or Diagnosing the condition of animals; or Preventing or treating conditions of animals; or Enhancing the effectiveness of an agricultural com­ pound used for the treatment of plants and animals; or (e) (f) (g) (h) Marking animals;— and includes any veterinary medicine, any substance, mixture of substances, or biological compound used for post­harvest pest control or disinfestation of raw primary produce, and any substance, mixture of substances, or biological compound de­ clared to be an agricultural compound for the purposes of this Act by Order in Council made under subsection (2) Agricultural security means the exclusion, eradication, and effective management of— (a) Pests: 2 (1) 6 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 1 s 2 (b) Unwanted organisms under the Biosecurity Act 1993: Animal means
 any living stage of any member of the animal kingdom except human beings Authorised person means a person for the time being ap­ pointed as an authorised person under section 61 Authorised place means any place where an inspector has au­ thorised an imported agricultural compound to be held; and in­ cludes any transitional facility under the Biosecurity Act 1993 Biological compound means any agricultural compound that is— (a) (b) A bacterial or viral vaccine, whether living or not; or (c) A virus, mycoplasma, or other micro­organism, whether living or not; or A preparation of animal origin; or (d) A product of a virus, mycoplasma, or other micro­or­ ganism, or any substance manufactured for the purpose of having the same action as a product of a virus, my­ coplasma, or other micro­organism: Code of practice means any document issued or approved in accordance with section 28 Container includes anything in or by which an agricultural compound may be cased, covered, enclosed, contained, or packed; and, in the case of any agricultural compound sold or carried or intended for sale in more than one container, in­ cludes every such container Craft means any form of aircraft, ship, or other vehicle or ves­ sel capable of being used to transport any agricultural com­ pound to or from New Zealand or from or to any country out­ side New Zealand Director­General means the chief executive of the Ministry of Agriculture Hazardous substance has the same meaning as in the Hazardous Substances and New Organisms Act 1996 Import means bring or cause to be brought into New Zealand territory from outside that territory; and imported has a cor­ responding meaning Inspector means a person for the time being appointed as an inspector under section 60 7 Part 1 s 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Label, in relation to any agricultural compound or any con­ tainer used to contain an agricultural compound, means any written, pictorial, or
 other descriptive matter under which the compound is sold or to be sold and which purports to give some information about the compound Manufacture, in relation to any agricultural compound, means to make up, prepare, produce, or process the agricul­ tural compound; and includes the packing of an agricultural compound in a container for the purposes of sale Marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act New organism has the same meaning as in the Hazardous Substances and New Organisms Act 1996 Person includes the Crown, a corporation, and a body of per­ sons (whether corporate or unincorporated) Pest— (a) Includes any unwanted living organism including mi­ cro­organisms, pest agents, and any genetic structure that is capable of replicating itself (whether that struc­ ture comprises all or only part of an entity, and whether it comprises all or only part of the total genetic struc­ ture of an entity) that may affect plants, animals, or raw primary produce; and Includes any entity declared to be a pest for the purposes of this Act by Order in Council made under subsection (2): Does not include— (i) Any human being or living organism which af­ fects only human beings; and (b) (c) (ii) Any living organism declared not to be a pest for the purposes of this Act by Order in Council made under subsection (2): Pest agent has the same meaning as in section 2(1) of the Biosecurity Act 1993 8 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 1 s 2 Place includes any building, conveyance, craft, land, or struc­ ture Prescribed means prescribed by regulations made under this Act Primary produce includes any plant or animal,
 or any deriva­ tive of any plant or animal, intended for sale Registered means registered under section 21 or section 27 Registrant means, in relation to a registered trade name prod­ uct, the person who applied to register that product or the per­ son to whom a registration is transferred Regulations means regulations in force under this Act Risk includes any costs or potential costs Sale includes barter, and also includes offering, exposing, or attempting to sell, or having in possession for sale, or sending or delivering for sale, or causing or allowing to be sold, of­ fered, or exposed for sale; and also includes— (a) Delivering or disposing of by way of gift, loan, or other­ wise; and (b) Giving or distributing, in the course of business, as a sample or otherwise, without charge: Trade name product means an agricultural compound iden­ tiﬁed and packaged under a trade name for a speciﬁed use or uses Use, in relation to any agricultural compound, includes its use in such a way that animals, plants, or raw primary produce are exposed to it Veterinarian means a person for the time being registered as a veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005 Veterinarian: this deﬁnition was amended, as from 22 December 2005, by sec­ tion 105 Veterinarians Act 2005 (2005 No 126) by substituting the words “vet­ erinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005” for the words “veterinary surgeon under the Veterinarians Act 1994”.
Veterinary medicine means any substance, mixture of sub­ stances, or biological compound used or intended for use in the direct management of an animal 9 Part 1 s 3 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Working day means any day except— (a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s Birthday, and Waitangi Day; and Any substance to be an agricultural compound; or (b) A day in the period commencing on 20 December in any year and ending with 15 January in the following year.
The Governor­General may from time to time, by Order in Council, declare— (a) (b) Any entity to be a pest; or (c) for the purposes of this Act.

Every Order is deemed to be a regulation for the purpose of the Regulations (Disallowance) Act 1989. in Council made under subsection (2) Any entity not to be a pest— Act to bind the Crown This Act binds the Crown.
Purpose of Act The purpose of this Act is to— (a) Prevent or manage risks associated with the use of agri­ cultural compounds, being— Risks to trade in primary produce; and (i) (ii) Risks to animal welfare; and (iii) Risks to agricultural security: Ensure that the use of agricultural compounds does not result in breaches of domestic food residue standards: Ensure the provision of sufﬁcient consumer information about agricultural compounds.
(b) (c) (2) (3) 3 4 10 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 6 Part 2 Importation, manufacture, and sale of agricultural compounds Importation 5 Imported agricultural compounds to be cleared for entry into New Zealand No person may cause or permit any agricultural compound which is imported into New Zealand or any substance, mix­ ture of substances, or biological compound which is used or intended to be used as an agricultural compound and which is imported into New Zealand to leave any craft or authorised place except— (a) To proceed, with the authority of an inspector, to an­ other craft or authorised place; or (b) With the authority of an inspector, to be exported from (c) New Zealand; or To enter into New Zealand after being cleared for entry by an inspector in accordance with section 6.
6 (1) Agricultural compound clearance In this section and section 7, goods means any of the following that is capable of being used as an agricultural compound: (a) (b) (c) (d) an agricultural compound: a substance: a mixture of substances: a biological compound.

(2) An inspector may give a clearance for entry into New Zealand for any goods if the circumstances described in subsection (3) exist.
The circumstances are— (a) (3) that— (i) (ii) the goods are goods that the importer has de­ clared, under section 7, that the importer will not sell or use as an agricultural compound; or the goods are a registered trade name product, and the product complies with the conditions im­ posed on its registration under section 23 or its provisional registration under section 27; or 11 Part 2 s 7 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (iii) (iv) the goods are an agricultural compound and are exempt from registration as a trade name product by regulations made under section 75; or the goods are an agricultural compound that com­ plies with Part 8; and that there are no discrepancies that suggest that it may be unwise to rely on the documentation accompanying the goods, either— (i) (ii) in the documentation itself; or between the documentation and the goods.
(b) (4) A clearance for entry into New Zealand given under this sec­ tion does not affect the provisions of any other Act.

Sections 6 and 7 were substituted, as from 15 November 2000, by section 3 Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).

7 8 Declaration The importer of any goods may, for the purposes of section 6(3)(a)(i), make a statutory declaration declaring that the im­ porter will not sell or use the goods as an agricultural com­ pound.
Sections 6 and 7 were substituted, as from 15 November 2000, by section 3 Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).

Prohibition of sale or use No person may sell within New Zealand, or use, any agricul­ tural compound unless that agricultural compound is a regis­ tered trade name product, is exempt from registration by regu­ lations made under section 75, or the provisions of Part 8 ap­ ply.
Registration of agricultural compounds Application for registration 9 (1) Any person may apply to the Director­General to register a trade name product unless that product contains an agricultural compound that is— (a) A substance, mixture of substances, or biological com­ pound prohibited from use as an agricultural compound 12 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 12 (2) 10 (1) (2) 11 (1) (2) 12 (1) or prohibited from use as an ingredient in an agricultural compound in accordance with regulations made under section 75; or (b) A substance, mixture of substances, or biological com­ pound which is exempt from registration as an agricul­ tural compound by regulations made under section 75.
The registrant may apply to the Director­General to vary 1 or more of the conditions on a registered trade name product.

Form of application Every application must be in the form speciﬁed from time to time by the Director­General.

Every application must contain the information speciﬁed from time to time by the Director­General for any agricultural com­ pound or group of agricultural compounds or trade name prod­ uct or products.
Additional information If, in the opinion of the Director­General, information addi­ tional to that provided under section 10 is required to assess the application, the Director­General may— (a) Request the applicant to provide such additional infor­ mation as the Director­General may specify in writing; and (b) With the permission of the applicant, request any other person to supply such additional information as the Dir­ ector­General may specify in writing.
The Director­General may request any person to provide ad­ ditional information other than information protected by sec­ tions 73, 109, and 121 for the purpose of verifying any infor­ mation supplied to the Director­General, by any person for the purpose of assessing the application.
Director­General to withhold information If, in the Director­General’s opinion, any information which has been supplied to the Director­General in respect of any ap­ plication may be able to be withheld under section 9(2)(b) of the Ofﬁcial Information Act 1982, that information must not 13 Part 2 s 12 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 be released to any person when an application is publicly no­ tiﬁed.
(2) Where— (a) (b) The Director­General receives a request to release any information received in respect of an application, other than information to which Part 6 applies held by the Dir­ ector­General under the Ofﬁcial Information Act 1982; and The information to which the request relates,— (i) In the Director­General’s opinion, may be able to be withheld under section 9(2)(b) of that Act; or (ii) Has been classiﬁed as commercially sensitive by the person who gave the information to the Dir­ ector­General,— the Director­General must make all reasonable efforts to con­ tact and notify immediately the person who gave the informa­ tion to the Director­General that a request to release the infor­ mation has been received.
(3) Where a person receives notice from the Director­General under subsection (2), that person must, within 10 working days of receipt of the notice, respond to the Director­General stating whether that person believes that the information should be withheld under section 9(2)(b) of the Ofﬁcial Information Act 1982 and give reasons for that person’s belief.
The Director­General may release the information or withhold the information in accordance with the Ofﬁcial Information Act 1982 if— (a) (4) the Director­General has complied with subsection (2); and the time limit speciﬁed in subsection (3) has expired.
(b) Subsection (2) was amended, as from 30 October 2003, by section 3(1) Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55) by substituting the words “make all reasonable efforts to contact and notify immediately” for the words “immediately notify”.

Subsection (4) was substituted, as from 30 October 2003, by section 3(2) Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
14 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 14 13 (1) (2) 14 (1) (2) Notiﬁcation of application to Minister and departments The Director­General must, upon receipt of an application, no­ tify the nature and proposed use of the trade name product or the proposed variation of conditions to— (a) (b) (c) The Minister; and The Environmental Risk Management Authority; and Those Departments listed in Schedule 1 of the State Sector Act 1988 that have notiﬁed the Director­General that they have an interest in applications made under this Act.
The Director­General must supply further information to any person notiﬁed under this section, if requested to do so by that person, unless that information is protected in accordance with sections 73, 109, or 121.
Notiﬁcation of application The Director­General must, upon receipt of an application, publish a notice in the Gazette and give such further notice of the application as the Director­General thinks ﬁt having re­ gard to the nature of the application and the persons likely to have an interest in the application.
The notice must include— (a) A statement that an application has been made to regis­ ter a trade name product or to vary a condition on a reg­ istered trade name product; and (b) A brief summary of the relevant information on the (c) trade name product; and Information on the proposed use of the trade name prod­ uct or the variation proposed to a condition on a regis­ tered trade name product; and (d) A statement that any person may make a written sub­ (e) (f) mission; and A closing date for receipt of the submissions by the Dir­ ector­General, being no later than 30 working days after the date of public notiﬁcation; and The place where the application and the accompanying information, other than information protected in accord­ ance with sections 73, 109, or 121, may be viewed and 15 Part 2 s 15 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 the address for service of the Director­General and the applicant.
15 Waiver of notiﬁcation (1) The Director­General may waive the requirement to notify an application under sections 13 and 14 if— (a) The application is made under section 9(1) and there is a registered trade name product with the same active ingredients and an equivalent formulation as the trade name product that is the subject of the application; or The application is made under section 9(2) and is for the variation of 1 or more of the following conditions on a registered trade name product: (i) (ii) A minor condition on use relating to the method A minor condition on packaging: (b) of application: (iii) A minor condition relating to the source of the product: (iv) A minor variation to any other condition.
The Director­General may waive the requirement to notify an application in accordance with section 14 if, in the Director­ General’s opinion, a trade name product is likely to be required for use in— (a) a biosecurity emergency declared under section 144 of the Biosecurity Act 1993; or a special emergency declared under section 49B of the Hazardous Substances and New Organisms Act 1996.
The Director­General may waive the requirement to notify an application in accordance with section 14 if— (a) (b) the trade name product is not, and does not contain, a hazardous substance or new organism (within the mean­ ing of the Hazardous Substances and New Organisms Act 1996); and the Minister has advised the Director­General in writing that— (i) (ii) an emergency has arisen under this Act; and the Minister agrees to the Director­General con­ sidering whether to grant a waiver; and (b) (2) (3) 16 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 16 (c) the Director­General is of the opinion that the trade name product is likely to be required for use in the emer­ gency.
Subsection (2) was substituted, as from 30 October 2003, by section 4 Agricul­ tural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).

Subsection (3) was inserted, as from 30 October 2003, by section 4 Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
16 (1) Time limits and waivers The Director­General must,— (a) Where section 14 applies to an application, allow 30 working days from the date of public notiﬁcation for the receipt of submissions: Fix a date for consideration of the application being,— (i) Where sections 15 and 26(2) apply to the appli­ cation, not more than 25 working days after the receipt of the application; or (b) (ii) Where the application is publicly notiﬁed, not more than 25 working days after the closing date for submissions.
(2) (3) The Director­General must, unless the agricultural compound is also a hazardous substance or new organism, publicly notify his or her decision not later than 15 working days after the consideration of the application.
If the trade name product contains an agricultural compound that is also a hazardous substance or new organism and the time limits under subsections (1) and (2) have expired, the Dir­ ector­General must publicly notify his or her decision not later than 5 working days after the decision under the Hazardous Substances and New Organisms Act 1996.
(4) A person may apply to the Director­General to— (a) Waive a requirement of this Act concerning— (i) (ii) The time within which any action must be carried out; or The information that must be supplied; or (b) Give a direction concerning— (i) The time within which any action must be carried out; or 17 Part 2 s 17 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (5) (6) (ii) The terms on which any information must be sup­ plied.
The Director­General must not extend any time period or grant an application under this section to waive a requirement as to the time within which any action must be carried out unless he or she is satisﬁed that— (a) The applicant and the persons making submissions con­ sent to that waiver; or (b) Any of those parties who have not so consented will not be unduly prejudiced.
The Minister may at any time extend any time limit under this Act, whether or not an application has been made under this section or that time limit has expired, if he or she is satisﬁed that— (a) The applicant and the persons making submissions con­ sent to the extension; or (b) Any of those parties who have not so consented will not be unduly prejudiced,— but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances.
Submissions on applications 17 (1) Any person may make a written submission to the Director­ General on any application notiﬁed in accordance with sec­ tions 13 and 14.

The submission— (a) Must state in full the reasons for making the submission; (2) and (b) May state any decision sought.

Submissions to be forwarded to applicant The Director­General must forward a copy of every submis­ sion to the applicant as soon as reasonably practicable after receipt of the submission by the Director­General.
Relevant risks and beneﬁts The only risks and beneﬁts relevant to a decision under section 21 are— 18 19 18 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 21 (a) (b) (c) (d) (e) Risks to trade and market access for primary produce containing any substance, mixture of substances, or bio­ logical compound that forms a part of the trade name product: Risks to agricultural security: Risks to the welfare of animals which result from treat­ ment with or exposure to any substance, mixture of sub­ stances, or biological compound that forms a part of the trade name product: Risks to domestic food residue standards: The beneﬁts of the trade name product and the likely consequences of the public not having access, or having restricted access, to the trade name product, including consideration of whether alternative means of achieving the stated purpose of the trade name product are avail­ able.
Evaluation of risks and beneﬁts The Director­General must, when evaluating the risks and beneﬁts under section 21, have regard to— (a) All relevant scientiﬁc and technical information held by the Director­General other than information protected in accordance with section 73, section 109, or section 121; and (b) New Zealand’s international obligations, assurances, and reputation; and Any submissions received under section 17.
(c) Decision on application The Director­General must consider any application made under section 9 and must— (a) Identify the risks and beneﬁts likely to result from the manufacture and use of the trade name product, and any known practicable alternative methods of managing those risks; and Evaluate the likely risks and beneﬁts of each alternative method identiﬁed in accordance with paragraph (a); and Decline the application if, in the opinion of the Director­ General,— (b) (c) 19 20 21 (1) Part 2 s 22 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (i) (ii) The risks likely to result from the use of that product cannot be sufﬁciently reduced by im­ posing conditions on the registration of the trade name product; or Insufﬁcient information is available to assess the risks likely to result from the use of the trade name product; or (d) In every other case, register the trade name product without conditions, or with the conditions imposed in accordance with section 23 that the Director­General, after taking into account the costs of those conditions, considers will— (i) Manage the risks from the use of the product; and (ii) Impose the least cost on the public.
The decision to register a trade name product may provide— That the registration expires upon a ﬁxed date; or (a) That the registration expires when the purpose of the (b) registration has been achieved.

Subject to the provisions of Part 6, the Director­General must give the decision in writing, with reasons, to the applicant and to every person who made a submission.
The Director­General must not register a trade name product under this section without the consent of the Director­General of Health if that product is a prescription medicine within the meaning of section 3 of the Medicines Act 1981.
(2) (3) (4) (5) Where a trade name product contains an agricultural com­ pound that is also a hazardous substance or new organism, the Director­General must not register that product under this section, unless an approval for that substance or organism has been issued under the Hazardous Substances and New Organisms Act 1996.
Term of registration The registration of a trade name product remains in force until— (a) The registration expires in accordance with section 21(2) or section 27(3); or The registration is cancelled in accordance with section 27(6); or (b) 22 (1) 20 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 23 (c) (d) (e) The trade name product is reassessed in accordance with section 29 or section 30, and declined; or The registration is surrendered by the registrant in ac­ cordance with section 34(1); or The registration is revoked in accordance with section 57.
(2) Where registration of a trade name product has ceased in ac­ cordance with a provision listed in subsection (1), no person may— (a) (b) Import that trade name product; or Sell within New Zealand or use that trade name product except in accordance with a notice under subsection (3).
(3) Where registration of a trade name product has ceased in ac­ cordance with a provision in subsection (1), the Director­Gen­ eral— (a) Must remove the trade name product from the register under section 24; and (c) (b) Must, by notice in the Gazette, give notice of the re­ moval of the trade name product from the register; and Unless the trade name product was registered in accord­ ance with section 27, may allow the sale and use of the trade name product to continue for a period speciﬁed in the Gazette notice; and (d) Unless the trade name product was registered in accord­ ance with section 27, may require any person holding the trade name product— (i) To surrender that product to the Director­Gen­ eral; or To dispose of that product in the manner deter­ mined by the Director­General at the expense of the person holding the product.
(4) Where a trade name product was registered in accordance with section 27, the trade name product must be disposed of in ac­ cordance with the conditions on the registration of the product.
(ii) 23 (1) Conditions on trade name products The Director­General may register a trade name product in ac­ cordance with section 21, subject to all or any of the following conditions: 21 Part 2 s 23 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 A condition on the use of the trade name product: (a) (b) A condition requiring the trade name product to origin­ (c) ate from speciﬁed sources: A condition restricting the importation to certain classes of persons: (e) (d) A condition specifying the labelling, advertising, or other information requirements for the trade name product: A condition specifying standards of competence for manufacturers, sellers, purchasers, or users of the trade name product: A condition requiring codes of practice approved by the Director­General under section 28 to be followed when importing, manufacturing, selling, or using the trade name product: (f) (g) A condition on the packaging or storage of the trade name product: (h) A condition specifying standards of quality, purity, and (i) (j) potency for the trade name product: A condition specifying procedures for testing the trade name product for quality, purity, or potency: A condition requiring systems to be approved to ensure that the trade name product meets speciﬁed standards of quality, purity, and potency, and procedures for auditing those systems: (l) (k) A condition requiring information and records to be kept and to be reported, or made available on request, to the Director­General, an inspector, or an authorised person: A condition requiring samples of the trade name prod­ uct to be taken and tested and the test results to be made available on request to the Director­General, an inspector, or an authorised person: Such other conditions as the Director­General considers necessary to achieve the purposes of this Act.
(m) (2) A condition imposed in accordance with this section may ap­ ply to any speciﬁed class of person or to every person who im­ ports, manufactures, sells, or uses a trade name product; and 22 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 24 (3) 24 (1) (2) every person to whom a condition applies must comply with that condition.
The Director­General must, when imposing conditions in ac­ cordance with this section, take into account conditions im­ posed in any prescribed countries on the trade name product.

Register of agricultural compounds The Director­General must keep a register of all registered trade name products registered under section 21 or section 27.
The register must specify— (a) (b) One trade name for the trade name product; and The name and principal business address of each regis­ trant and his or her New Zealand agent; and Those particulars of the registered trade name product that are consistent with sections 73, 109, and 121; and The application number and the date on which the ap­ plication was granted; and (c) (d) (e) Whether the trade name product is registered under sec­ (f) (g) tion 21 or section 27; and The conditions placed on the registration under section 23 or section 27; and The termination of any registration by any of the provi­ sions listed in section 22; and (h) A summary of the reasons for the decision; and (i) (j) The expiry date, if any, of a registration; and The address of every place of business where the regis­ tered trade name product is being or is to be manufac­ tured; and Such other matters as the Director­General thinks ﬁt.
(k) (4) (3) A copy of the certiﬁcate of registration issued under section 25 must be kept with the register for each application granted by the Director­General.

The register must also specify any agricultural compounds ex­ empted from registration by regulations made under section 75.

Every person has the right to inspect the register during the ordinary ofﬁce hours of the ofﬁce where the register is held.
(5) 23 Part 2 s 25 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (6) 25 (1) The registrant must notify the Director­General of any change to the matters in subsections (2)(b) and (j) within 20 working days of the change taking place.
Subsection (6) was amended, as from 7 May 1999, by section 2 Agricultural Compounds and Veterinary Medicines Amendment Act 1999 (1999 No 26) by substituting the expression “subsections (2)(b) and (j)” for the expression “sub­ sections (1)(b) and (j)”.
Certiﬁcate of registration The Director­General, when registering any trade name prod­ uct in accordance with section 21 or section 27, must issue to the applicant a certiﬁcate of registration which must specify the matters in section 24(2)(a), (b), (d), (e), (f), and (i), and may specify the matters in section 24(2)(k).
(2) Where the Director­General is satisﬁed that a certiﬁcate of registration has been lost, destroyed, or cannot be produced, the Director­General may at any time, on application made to him or her by the registrant on a form approved by the Director­General for the purpose, issue a further certiﬁcate of registration to the registrant.

Application for provisional registration 26 (1) Any person may apply to the Director­General to provisionally register a trade name product of an agricultural compound.
(2) An application made under subsection (1) must be notiﬁed in accordance with section 13 but is not notiﬁed in accordance with section 14.

Sections 10, 11, 12, 15, and 19(a), (b), (c), and (d), with the ne­ cessary modiﬁcations, apply to any application for provisional registration under subsection (1).
(3) Decision on application for provisional registration The Director­General must consider any application made under section 26 and must identify, in accordance with sec­ tion 19(a), (b), (c), and (d), the risks likely to be caused by provisionally registering the trade name product.
The Director­General must provisionally register the trade name product if— 27 (1) (2) 24 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 27 (a) (b) the provisional registration will enable the product’s use— (i) for the purpose of obtaining further information on it in order to determine whether it should be registered under section 21; or in research that does not have as a purpose the registration of the product in New Zealand; and in the Director­General’s opinion, the risks of using the product can be adequately managed by imposing con­ ditions on the provisional registration that— (i) (ii) ensure that neither the product nor any animals, plants, or primary produce to which it has been applied or exposed are sold, released, or used in any way for purposes other than those for which the provisional registration is granted; and ensure that the product and any animals, plants, or primary produce to which it has been applied or exposed are disposed of in a way that min­ imises the risks from it.
(ii) (3) (4) (5) (6) Every trade name product provisionally registered under this section must be registered for a ﬁxed time sufﬁcient only to achieve the purpose of the registration.

The Director­General may extend the time of provisional registration if, in his or her opinion, an extension is necessary to achieve the purpose of the registration.
Every trade name product provisionally registered under this section must be registered with the conditions necessary to achieve the purposes of the provisional registration.

The Director­General may cancel the provisional registration if, in the Director­General’s opinion, the risks are not being adequately managed by the conditions imposed.
(7) Where a trade name product contains an agricultural com­ pound that is also a hazardous substance or new organism, the Director­General must not provisionally register that trade name product under this section unless an approval for that substance or organism has been issued under the Hazardous Substances and New Organisms Act 1996.
25 Part 2 s 28 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Subsection (2) was substituted, as from 15 November 2000, by section 4(1) Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).
Subsection (5) was amended, as from 15 November 2000, by section 4(2) Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the words “the provisional registration” for the expression “subsection 2(a) and (b)”.

28 (1) (2) Codes of practice The Director­General may from time to time issue, approve, amend, or revoke codes of practice for importing, manufactur­ ing, selling, or using any agricultural compound.
Before issuing, approving, amending, or revoking a code of practice, the Director­General must consult with the organisa­ tions for the time being recognised by the Director­General as representing the interests of those persons involved in the importation, manufacture, sale, or use of the agricultural com­ pound who will or may be affected by the code of practice.
(3) A failure to comply with subsection (2) does not affect the validity of a code of practice issued or amended under this section, or the validity of a revocation of a code of practice under this section.

(4) Any code of practice issued or approved by the Director­Gen­ eral under subsection (1) may apply to all agricultural com­ pounds, any class or description of agricultural compounds, or any particular agricultural compound.
The Director­General, when issuing, approving, amending, or revoking a code of practice, must— (a) (5) Notify the issue, approval, amendment, or revocation of the code in the Gazette; and Show in the notice the date of the issue, approval, amendment, or revocation of the code; and Specify in the notice, the place or places at which copies of the code or the amendment are available for inspec­ tion or purchase.
(b) (c) The Director­General must ensure that copies of all codes of practice or amendments to such codes issued or approved under this section are available for inspection at the place or places speciﬁed in the notice given under subsection (5).

(6) 26 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 30 (7) A code of practice, amendment, or revocation does not have any force or effect under this Act until notiﬁed in the Gazette.
29 (1) Reassessment of trade name products The Director­General may, after consultation with the regis­ trant, decide to reassess a trade name product registered under section 21 or a group of trade name products registered under section 21 with the same active ingredient and similar formu­ lations if, in the opinion of the Director­General,— (a) Signiﬁcant new information on a matter related to the use of the registered trade name product has become available; or There has been a signiﬁcant change in the use of any or all of the registered trade name products.
(2) A decision under subsection (1) must be notiﬁed to the reg­ istrant or registrants and notiﬁed in accordance with sections 13 and 14.

(b) (3) A decision under subsection (1) is deemed to be a new applica­ tion for the trade name product and the provisions of sections 11, 12, and 17 to 25 apply to the application with any neces­ sary modiﬁcations.
30 (1) Reassessment of provisional registration The Director­General may, after consultation with the regis­ trant, decide to reassess a trade name product registered under section 27 or a group of trade name products registered under section 27 with the same active ingredient and similar formu­ lations if, in the opinion of the Director­General, signiﬁcant new information on the provisionally registered trade name product has become available.
(2) A decision under subsection (1) must be notiﬁed to the regis­ trant.

(3) A decision under subsection (1) is deemed to be a new appli­ cation for provisional registration for the trade name product and the provisions of sections 26 and 27 apply to the applica­ tion with any necessary modiﬁcations.
27 Part 2 s 31 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 31 Director­General may prohibit or restrict product Where a decision has been made in accordance with section 29 or section 30 to reassess a registered trade name product, the Director­General may, if he or she thinks ﬁt, prohibit or restrict the importation, manufacture, sale, or use of that trade name product until a decision is made under section 21 or section 27.
32 Meaning of new information For the purposes of sections 29 and 30, new information in­ cludes, but is not limited to, information not previously con­ sidered by the Director­General during an assessment of the registered trade name product and information indicating that conditions placed on the registered trade name product in ac­ cordance with section 23 or section 27 do not adequately man­ age the risks associated with that trade name product.
33 No compensation following reassessment Where a registered trade name product is reassessed in accord­ ance with section 29 or section 30, no compensation is payable to any person for any loss whatsoever arising out of the re­ assessment.
34 (1) Transfer and surrender of registration The registration of a trade name product— (a) May, if the registration is granted under section 21, be transferred by the registrant to any other person; or (b) May, if the registration is granted under section 21 or section 27, be surrendered by a registrant, by returning the certiﬁcate of registration to the Director­General.
(2) Where the registration is transferred under subsection (1)(a), the transfer is not valid until the Director­General has entered the name of the transferee on the register as the registrant.

Rights of registrant The provisions of this Act do not give the registrant of a trade name product registered under section 21 the sole right to im­ port, manufacture, sell, or use that trade name product.
35 (1) 28 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 3 s 38 (2) The provisions of this Act do give the registrant of a trade name product registered under section 27 the sole right to im­ port, manufacture, sell, or use that trade name product.
36 37 (1) (2) Part 3 Powers of Director­General and Minister Powers and functions of Director­General In addition to any powers and functions given to the Director­ General under this Act, the Director­General may— (a) Encourage and facilitate the reporting by any person of any adverse effects from the use of agricultural com­ pounds: (b) Disseminate information and advice on agricultural compounds.
Delegation by Director­General The Director­General may, in writing, delegate to any person any of his or her functions, powers, or duties under this Act, including the power to hear and decide any application made under section 9 or section 26, on such conditions as the Dir­ ector­General thinks ﬁt, except this power of delegation.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(3) A delegation under this section is revocable at will, and no such delegation prevents the performance or exercise of any function, power, or duty by the Director­General.

(4) Where any decision under section 21 or section 27 is made by any person acting under the delegated authority of the Dir­ ector­General, the applicant is entitled to have the decision re­ viewed by the Director­General.
38 (1) Policy directions In the exercise and performance of his or her functions, powers, and duties under this Act, the Director­General must have regard to those policies of government that are applicable to agricultural compounds, and must comply with any general 29 Part 3 s 39 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 directions relating to that policy given to the Director­General from time to time by notice in writing signed by the Minister.
(2) Where a notice is given to the Director­General under sub­ section (1), the Minister must, as soon as practicable after the giving of the notice, publish in the Gazette and present to the House of Representatives a copy of the notice.
39 Minister’s power to call in applications with signiﬁcant effects (1) Where the Minister considers that the decision on any appli­ cation under this Act is likely to have— (a) (b) Signiﬁcant economic effects; or Signiﬁcant effects on New Zealand’s international inter­ ests or obligations; or Signiﬁcant effects in areas where the Director­General lacks expertise,— (c) the Minister may direct that the Minister will decide the appli­ cation.

The direction must include the Minister’s reasons for giving it.
(2) Notiﬁcation of Minister’s direction 40 (1) A direction by the Minister under section 39 is not effective in respect of any application unless the Minister’s direction is presented to the House of Representatives not more than 24 working days after receipt of the application.

The Minister must forward a copy of his or her direction to the Board of Inquiry and the applicant.
(2) Board of inquiry 41 (1) Where the Minister directs that the Minister will decide any application, the Minister must appoint a board of inquiry to consider that application.
(2) A board of inquiry must— (a) Comprise no fewer than 3, and no more than 5, members who, in the Minister’s opinion, include a balanced mix of knowledge and experience in matters likely to arise out of the application concerned; and 30 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 3 s 42 (3) (b) Have a chairperson appointed either by the Minister or, if the Minister declines to do so, by the members.
Every board of inquiry is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 and there may, if the Minister so directs, be paid to any member of a board of inquiry, out of money appropriated by Parliament for the purpose,— (a) Remuneration by way of fees, salary, or allowances in accordance with that Act; and Travelling allowances and travelling expenses in ac­ cordance with that Act in respect of time spent travel­ ling in the service of such board— and the provisions of that Act apply accordingly.
(b) Investigation by Board of Inquiry 42 (1) On receipt of a direction under section 40 in relation to an application, the Board of Inquiry— (a) Must notify the application in accordance with sections 13 and 14, unless the application has been notiﬁed in accordance with those sections; and (b) May require additional information under section 11 in relation to the application; and (c) Must investigate an application made under section 9 having regard to all relevant matters, including mat­ ters under sections 19 to 21 and the Minister’s reasons for giving the direction under section 39; (d) Must investigate an application made under section 26 having regard to all relevant matters, including matters under section 27 and the Minister’s reasons for giving the direction under section 39.
The provisions of sections 17 to 23 apply with all necessary modiﬁcations to an inquiry into an application made under sec­ tion 9 as if the conduct of the inquiry were the consideration of that application.

The provisions of sections 17, 18, 19(a), (b), and (c), and 27 apply with all necessary modiﬁcations to an inquiry into an application made under section 26 as if the conduct of the inquiry were the consideration of that application.
(2) (3) 31 Part 3 s 43 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Board of Inquiry to report to Minister 43 (1) On completion of an investigation under section 41, the Board of Inquiry must, as soon as practicable, submit to the Minister a written report (including recommendations and reasons) on the application referred to it by the Minister.
(2) After receiving a report from the Board of Inquiry, the Minister must ensure that— A copy of the report is sent to the applicant; and (a) (b) A copy of the report is sent to every person who made a submission.

44 Minister to decide application and notify decision (1) When considering his or her decision on the application, the Minister must have regard to— (a) The report and recommendations of the Board of In­ quiry; and The reasons for calling in the application.
(b) The Minister must give his or her decision in writing, including reasons for the decision, and give written notice of the decision to the applicant and every person who made a submission, and give notice of the decision in the Gazette.
Every decision made by the Minister under this section may in­ clude conditions recommended by the Board of Inquiry under section 23 or section 27, as the case may be, and may in­ clude any additional conditions as the Minister thinks ﬁt, and is deemed to be a decision by the Director­General.
Part 4 Appeals Appeals In any case where the Director­General imposes any charge on any person to recover costs where that charge is calculated by the Director­General in the prescribed manner, any person di­ rectly affected may appeal against that decision to the District Court.

Subject to subsection (3), the decision of the Court on any appeal under this section is ﬁnal.
(2) (3) 45 (1) (2) 32 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 4 s 48 (3) Any party to an appeal under this section may further appeal to the High Court on a question of law.
Appeal on question of law 46 (1) Any— (a) Party to an application for registration under sections 9 and 26; or Person who made a submission to the Director­General on any application for registration under section 16— (b) may appeal against the decision of the Director­General to the High Court on a question of law.
(2) Any report and recommendation of the Director­General is deemed to be a decision for the purposes of Part 10 of the High Court Rules, except to the extent that those rules are inconsist­ ent with sections 47 to 53.

47 Notice of appeal Before or immediately after the ﬁling and service of a notice of appeal, the appellant must serve a copy of the notice on— (a) (b) (c) The Director­General; and Every other party to the proceedings; and Every other person who made a submission to the Dir­ ector­General.
Right to appear and be heard on appeal 48 (1) A party to any proceedings, or any person who made submis­ sions to the Director­General, and who wishes to appear and be heard on an appeal to the High Court, must give notice of his or her intention to appear to— The appellant; and (a) The Registrar of the High Court; and (b) (c) The Director­General.
The notice to appear under subsection (1) must be served within 10 working days after the party or person who made submissions was served with the notice of appeal.

(2) 33 Part 4 s 49 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 49 (1) (2) 50 (1) Parties to appeal The parties to an appeal before the High Court are the appel­ lant, and any person who gives notice of intention to appear under section 48.
The Registrar of the High Court must ensure that the parties to an appeal before the High Court and the Director­General are served with— (a) A copy of every document which is ﬁled or lodged with the Registrar of the High Court relating to the appeal; and (b) Notice of the time and date set down for hearing the appeal.
Orders of High Court The High Court may, on application to it or on its own motion, make an order directing the Director­General to lodge with the Registrar of the High Court all or any of the following things: Anything in the possession of the Director­General re­ (a) lating to the appeal; and (c) (b) A report recording, in respect of any matter or issue the Court may specify, any of the ﬁndings of fact of the Director­General which are not set out in his or her decision or report and recommendation; and A report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may spe­ cify, any reasons or considerations to which the Dir­ ector­General had regard but which are not set out in his or her decision or report and recommendation.
(2) An application under subsection (1) must be made,— (a) (b) In the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or In the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.
The High Court may make an order under subsection (1) only if it is satisﬁed that a proper determination of a point of law so requires; and the order may be made subject to such conditions as the High Court thinks ﬁt.
(3) 34 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 4 s 54 Additional appeals on points of law 51 (1) When a party to an appeal, other than the appellant, wishes to contend that the decision or report and recommendation of the Director­General is in error on other points of law, that party may lodge a notice to that effect with the Registrar of the High Court.
The notice under subsection (1) must be lodged within 20 working days after the date on which that respondent is served with a copy of the notice of appeal.

Sections 47 to 49 apply to a notice lodged under subsection (1), with all necessary modiﬁcations.

(2) (3) 52 53 Extension of time On the application of a party to an appeal, the High Court may extend any periods of time stated in sections 48 and 51.
Date of hearing When a party to an appeal notiﬁes the Registrar of the High Court— (a) That the notice of appeal has been served on the Dir­ ector­General and all parties to the proceedings; and Either— (i) (b) That no application has been lodged under sec­ tion 50; or That any application lodged under section 50 has been complied with,— (ii) the appeal is ready for hearing and the Registrar must arrange a hearing date as soon as practicable.
54 Appeals to Court of Appeal Section 144 of the Summary Proceedings Act 1957 applies in respect of a decision of the High Court under section 46 of this Act as if the decision had been made under section 107 of the Summary Proceedings Act 1957.
35 Part 5 s 55 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Part 5 Offences 55 (1) Offences Every person commits an offence against this Act who— (a) Knowingly uses any agricultural compound in contra­ vention of this Act; or (b) Knowingly sells any agricultural compound in contra­ (c) vention of this Act; or Knowingly contravenes any conditions which apply to any trade name product registered under section 21 or section 27; or (e) (d) Knowingly contravenes any conditions which apply to any agricultural compound exempt from registration by regulations made under section 75; or Knowingly sells any animal, plant, or primary produce that has been treated with, or exposed to, any agri­ cultural compound that is not imported, manufactured, sold, or used in accordance with the provisions of this Act; or Knowingly makes a false representation that any agri­ cultural compound is registered as a trade name prod­ uct in accordance with section 21 or section 27 or is an agricultural compound and is exempt from registration in accordance with regulations made under section 75; or (f) (g) Knowingly possesses any agricultural compound which has not been cleared for entry into New Zealand in ac­ cordance with section 6; or (h) Knowingly contravenes or knowingly permits a contra­ vention of a prohibition notice issued in accordance with section 65; or Knowingly contravenes an order given in accordance with section 64(2)(d).
(i) Every person commits an offence against this Act who— (a) Knowingly supplies false or misleading information to the Director­General or an inspector or an authorised person under this Act; or (b) Knowingly supplies false or misleading information in support of an application under this Act; or (2) 36 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 56 (c) Personates or falsely represents himself or herself to be an inspector, authorised person, or accredited person; or (d) Without reasonable excuse obstructs or hinders an in­ spector, authorised person, or accredited person in the execution of any powers conferred on that person by or under this Act; or Interferes with any samples taken or tests carried out for the purposes of this Act.
(e) (3) (4) Every veterinarian commits an offence who knowingly fails to provide any client with information to prevent the occur­ rence, in any primary produce from any animal treated with an agricultural compound, of residues of that compound which contravene any requirements of the Dairy Industry Act 1952, the Meat Act 1981, the Animal Products Act 1999, or the Food Act 1981 or any regulations or notices in force under those Acts.
Every person commits an offence against this Act who— (a) Contravenes any provision of any regulations made under this Act: Contravenes any provision of sections 98, 99, 100, 102, 114, 116, and 117.

(b) (5) Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of any offence against this section may be laid by any person at any time within 2 years after the time when the matter of the information arose.
Subsection (2)(a) was amended, as from 15 November 2000, by section 5 Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the words “the Director­General or an inspector or an au­ thorised person” for the words “an inspector or authorised person”.

Subsection (3) was amended, as from 1 November 1999, by section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94) by inserting the words “the Animal Products Act 1999,”.
56 (1) Penalties Every person who commits an offence against subsection (1) of section 55 is liable on summary conviction,— (a) In the case of a natural person, to a ﬁne not exceeding $30,000: In the case of a corporation, to a ﬁne not exceeding $150,000.
(b) 37 Part 5 s 57 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (2) Every person who commits an offence against any provision of subsections (2) and (3) of section 55 is liable on summary conviction,— (a) In the case of a natural person, to a ﬁne not exceeding $15,000: In the case of a corporation, to a ﬁne not exceeding $75,000.
(b) (3) Subject to subsection (4), every person who commits an of­ fence against subsection (4) of section 55 is liable on summary conviction to a ﬁne not exceeding $5,000.

(4) Where a ﬁne is prescribed by any regulations continued in force by section 110 or section 122 as the penalty that may be imposed for any offence, the ﬁne so prescribed and not the ﬁne prescribed by subsection (3) is the penalty that may be im­ posed for the offence.
(5) Where any person is convicted of an offence against this Act, the Court may, instead of or in addition to any ﬁne, order the forfeiture of any trade name product, any agricultural com­ pound, or any substance, mixture of substances, or biological compound used or intended for use as an agricultural com­ pound, in the possession of that person.
57 58 (1) Revocation of registration When a registrant or an agent of a registrant is convicted of an offence against this Act, the Court may, instead of or in add­ ition to a ﬁne, revoke any registration held by that registrant of any trade name product.
Liability of employers and principals Subject to subsection (3), where any offence is committed against this Act by a person as the employee of another per­ son, that offence must, for the purposes of this Act, be treated as committed by that other person as well as by the ﬁrst­men­ tioned person, whether or not it was done with that other per­ son’s knowledge or approval.
(2) Where an offence is committed against this Act by a person acting as the agent of another person, that offence must, for the purposes of this Act, be treated as committed by the principal 38 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 59 (3) 59 unless it is done without the principal’s express or implied au­ thority.
In any proceedings for an offence against this Act against any person in respect of any offence alleged to have been com­ mitted against this Act by an employee of that person, it is a defence for that person to prove,— (a) In the case of a natural person, that— (i) He or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or (ii) He or she took such steps as were reasonably practicable to prevent the commission of the of­ fence— (b) and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred: In the case of a body corporate, that— (i) Neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and The body corporate took such steps as were rea­ sonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.
(ii) Liability of directors and ofﬁcers of bodies corporate Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the like offence if it is proved— (a) That the act that constituted the offence took place with his or her authority, permission, or consent; and That he or she could reasonably have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
(b) 39 Part 5 s 60 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 60 (1) Appointment of inspectors The Director­General may from time to time appoint persons as inspectors for the purposes of administering and enforcing the provisions of this Act.
(3) (4) (2) An inspector may be authorised, on his or her appointment, to exercise all of the powers and functions conferred on inspect­ ors under this Act, or only those powers and functions speci­ ﬁed in his or her instrument of appointment, or subsequently by written notice to the inspector.

Inspectors must be persons employed under the State Sector Act 1988.
The Director­General may from time to time establish per­ formance standards and technical standards for inspectors; and every inspector, when performing his or her functions, powers, or duties under this Act, must use his or her best endeavours to comply with and give effect to the relevant performance stan­ dards or technical standards.

The Director­General may suspend or revoke any appointment made under this section at any time.
Subsection (2) was amended, as from 15 November 2000, by section 6 Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the word “instrument” for the word “certiﬁcate”.

(5) Appointment of authorised persons The Director­General may from time to time appoint persons as authorised persons to exercise the powers set out in sections 64 to 67 in respect of those functions speciﬁed in their instru­ ments of appointment or subsequently by written notice.
The appointment of an authorised person under this section can be made only if that appointee has, in the opinion of the Director­General, the experience, technical competence, and qualiﬁcations to undertake the functions speciﬁed in the in­ strument of appointment.
Every person appointed under this section must comply with any lawful written direction or written instruction given by the Director­General in relation to the exercise and performance of the functions, powers, and duties conferred or imposed on authorised persons by this Act.
61 (1) (2) (3) 40 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 62 (4) (5) (6) 62 (1) (2) (3) (4) (5) Persons appointed under this section may, but need not, be persons who are employed under the State Sector Act 1988.
The Director­General may from time to time establish per­ formance standards and technical standards for authorised per­ sons; and every authorised person, when performing his or her functions, powers, or duties under this Act, must use his or her best endeavours to comply with, and give effect to, the rele­ vant performance standards or technical standards.

The Director­General may suspend or revoke any appointment made under this section at any time.
Subsection (1) was amended, as from 15 November 2000, by section 7(1) Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the word “instruments” for the word “certiﬁcates”.

Subsection (2) was amended, as from 15 November 2000, by section 7(2) Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the word “instrument” for the word “certiﬁcate”.
Appointment of accredited persons The Director­General may accredit persons to carry out speci­ ﬁed functions required under this Act.

The accreditation of a person under this section can be made only if that person has, in the opinion of the Director­Gen­ eral, the experience, technical competence, and qualiﬁcations to undertake the functions speciﬁed in the instrument of ac­ creditation.
Every person accredited under this section must comply with any lawful direction or instruction given by the Director­Gen­ eral in relation to the exercise and performance of the func­ tions, powers, and duties conferred or imposed on accredited persons by the Director­General under subsection (1).

Persons accredited under this section may, but need not, be persons who are employed under the State Sector Act 1988.
The Director­General may from time to time establish per­ formance standards and technical standards for accredited per­ sons; and every accredited person, when performing his or her functions, powers, or duties under this Act, must use his or her best endeavours to comply with and give effect to the relevant performance standards or technical standards.
41 Part 5 s 63 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (6) 63 The Director­General may suspend or revoke any accredit­ ation given under this section at any time.

Subsection (2) was amended, as from 15 November 2000, by section 8 Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the words “instrument of accreditation” for the words “cer­ tiﬁcate of appointment”.
Protection of inspectors, authorised persons, and accredited persons No action or proceedings may be brought against any in­ spector, authorised person, or accredited person in respect of any actions taken by any such inspector, authorised person, or accredited person under this Act unless he or she has acted in bad faith or without reasonable cause.
Powers of entry for inspection 64 (1) Any inspector or authorised person may enter any place, go on, into, under, and over any place (except a dwellinghouse or marae) for the purpose of inspection to determine whether or not any person is complying with this Act.
For the purposes of subsection (1), an inspector or authorised person may— (a) (b) (2) Open containers and packages and inspect the contents: Request, gather, or secure evidence, take samples of agricultural compounds, water, air, soil, or any sub­ stance, take samples from any animals, plants, and pri­ mary produce, and test or analyse or arrange for the test­ ing and analysis of such samples: Inspect, inquire about, or copy any documents or other records including records in an electronic form relating to the obligations imposed under this Act, and remove any documents or other records including records in an electronic form from the place for the purposes of copy­ ing such documents or records: (c) (d) Order the person in charge of the place to identify and hold any agricultural compound for up to 5 working days.
42 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 66 (3) Every inspector or authorised person exercising any of the powers conferred by this section must, at the time of exercis­ ing that power and thereafter on request, produce— (a) Evidence of that person’s appointment as an inspector or authorised person; and Evidence of that person’s identity.
(b) (4) An inspector or authorised person may take any person on to the place to assist him or her with the inspection.

(5) Nothing in this section limits or affects the privilege against self incrimination.
65 Inspectors or authorised persons may issue prohibition notices (1) Any inspector or authorised person who has reasonable grounds to believe that any person manufacturing, selling, or using any agricultural compound is acting in contravention of any provision of this Act, or any conditions on the registration of a trade name product, may give written notice to that person prohibiting the manufacture, sale, or use of that product or that agricultural compound by that person until such time as the contravention of the Act is rectiﬁed to the satisfaction of the inspector or authorised person.
(2) A prohibition notice issued under subsection (1) must specify the contravention to which it relates, the action required to remedy the contravention, and the prohibition placed upon the manufacture, sale, or use of a trade name product or an agri­ cultural compound.

(3) A prohibition notice issued under subsection (1) may be issued subject to such conditions as the person issuing it considers appropriate.
66 Compliance with prohibition notices Every person to whom a prohibition notice is given must en­ sure that no action is taken in contravention of it.
43 Part 5 s 67 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 67 Matters may be completed by different inspectors or authorised persons If an inspector or authorised person has issued a prohibition notice under section 65, any inspector or authorised person may— (a) (b) (c) (d) Take further steps on or in relation to it; or Revoke or withdraw it; or From time to time vary it; or Revoke, or from time to time vary, any condition to which it is subject.
Appeals against prohibition notices 68 (1) Any person affected by a prohibition notice issued under sec­ tion 65, or any variation of that notice, may, within 14 days af­ ter the notice being issued or the variation being given, appeal against it to a District Court on the grounds that it is unreason­ able.

The Court must inquire into the circumstances of the prohib­ ition notice or variation, and may vary, rescind, or conﬁrm it.
(3) An appeal against a prohibition notice, or variation of that no­ tice, does not operate as a stay of the notice or variation.
(2) Issue of search warrants 69 (1) Any District Court Judge or Justice of the Peace or any Regis­ trar who is satisﬁed, on application in writing made on oath, that there are reasonable grounds for believing that there is in, on, under, or over any place (including any dwellinghouse or marae)— (a) Any agricultural compound, substance, mixture of sub­ stances, or biological compound that is evidence of an offence committed against section 55(1): (b) Any agricultural compound, substance, mixture of sub­ stances, or biological compound used or intended to be used as an agricultural compound that has been aban­ doned: Any documents or other records or things which there are reasonable grounds to believe may be evidence of the commission of any offence under this Act to which paragraph (a) or paragraph (b) applies,— (c) 44 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 70 (2) may issue a search warrant in the form set out in Schedule 1.
Every search warrant must be directed either to a member of the Police by name or to every member of the Police or to any inspector by name, but in any of those cases, the warrant may be executed by any member of the Police.

(3) On issuing a warrant, the Judge, Justice of the Peace, or Regis­ trar may impose such reasonable conditions on its execution as he or she thinks ﬁt.

(4) Any member of the Police or any inspector may call any per­ son to assist him or her in the execution of a search warrant.
70 (1) Powers of entry with warrant Every warrant, subject to any conditions imposed under sub­ section (3), authorises the member of the Police or the in­ spector who is executing it and any person called on by that member or inspector to assist— (a) (b) (c) (d) To enter the place, dwellinghouse, or marae on one oc­ casion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circum­ stances; and To use such force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the place, dwellinghouse, or marae, as is reasonable in the circumstances; and To search for and seize— (i) Any agricultural compound, any trade name product, or substance, mixture of substances, or biological compound used or intended to be used as an agricultural compound found on the place, dwellinghouse, or marae where it is suspected on reasonable grounds to be evidence of an offence committed against section 55(1): (ii) Any documents or other records or things which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act; and To take any photographs, and make any drawings, of any structure, container, packaging, or label, or any other thing where there are reasonable grounds to be­ 45 Part 5 s 70 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (e) (f) lieve that the structure, container, packaging, or label or other thing is in breach of the provisions of this Act or regulations; and To seize and detain any trade name product or any agri­ cultural compound imported in breach of the provisions of this Act; and To seize and detain any trade name product or any agri­ cultural compound that— (i) Is a risk to agricultural security, trade in primary produce, or market access for primary produce containing that compound, the welfare of ani­ mals, or domestic food residue standards; and (ii) Appears to an inspector, who has made such inquiries as appear reasonable in the circum­ stances, to have been abandoned or have no apparent or readily identiﬁable owner.
(2) Any member of the Police or inspector who executes a search warrant must carry the warrant with him or her, and produce it for inspection— (a) On ﬁrst entering the place, dwellinghouse, or marae, to the person appearing to be in charge of the place, dwellinghouse, or marae; and (b) Whenever subsequently required to do so, on the place, dwellinghouse, or marae, by any other person appearing to be in charge of the place, dwellinghouse, or marae or any part of the place, dwellinghouse, or marae.
(3) Where the occupier of the place, dwellinghouse, or marae is not present at the time the search warrant is executed, the mem­ ber of the Police or inspector must leave in a prominent place on the place, dwellinghouse, or marae a written statement of the time and date of the search, and the name of the member of the Police or inspector, and the address of the police station or other ofﬁce to which enquiries should be made.
(4) Where any trade name product, any agricultural compound, trade name products, substance, mixture of substances, or bio­ logical compound, or books, documents, or other records or things is, or are, seized in execution of a search warrant, the member of the Police or inspector executing the warrant must leave in a prominent place on the place, dwellinghouse, or 46 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 6 s 72 marae or send to the occupier, within 10 working days after the search, a written inventory of all things so seized.
(5) Where any action is taken under a warrant in, on, under or over a dwellinghouse, or marae, that action must be taken in the presence of a member of the Police.

71 (1) (2) Disposal of property seized Except as provided in subsection (2) of this section, section 199 of the Summary Proceedings Act 1957 applies to any property seized by any member of the Police and, with the ne­ cessary modiﬁcations, to any property seized by any inspector.
If proceedings for an offence relating to the property seized are not brought within a period of 6 months after the date of seizure, any person claiming to be entitled to the thing may, af­ ter the expiration of that period, apply to a District Court Judge for an order that it be delivered to him or her; and on any such application the District Court Judge may adjourn the applica­ tion, on such terms as he or she thinks ﬁt, for the proceed­ ings to be brought, or may make any order that a Court may make under section 199(3)(a) of the Summary Proceedings Act 1957.
(3) Where any agricultural compound or trade name product is seized under section 70(1)(f)(ii), and no person is charged with an offence under this Act or applies to have the agricultural compound or trade name product returned, the agricultural compound or trade name product must be disposed of as di­ rected by the Director­General.
Part 6 Protection of certain conﬁdential information about innovative agricultural compounds 72 Interpretation In this Part, unless the context otherwise requires,— Application means an application for registration of an agri­ cultural compound under section 9 or for provisional registra­ tion of an agricultural compound under section 26 47 Part 6 s 72 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Conﬁdential information includes— (a) (b) Trade secrets; and Information that has commercial value that would be, or would be likely to be, diminished by disclosure: Conﬁdential supporting information means conﬁdential in­ formation given— (a) In, or in relation to, an innovative agricultural com­ pound application; and (b) About the agricultural compound that is or was, as the (b) case may be, the subject of that application: Ingredient includes a chemical or biological entity Innovative agricultural compound application means an application that refers to an active ingredient— (a) That is an active ingredient of the trade name product to which the application relates; and That has not, before that application is received by the Director­General, been referred to in any other applica­ tion (except an application by the applicant for provi­ sional registration under section 26 or an application by the applicant for an experimental use permit under the Pesticides Act 1979) as an active ingredient of— (i) (ii) A pesticide under the Pesticides Act 1979; or (iii) An animal remedy under the Animal Remedies A trade name product; or Act 1967: Protected period means, in relation to conﬁdential supporting information relating to an innovative agricultural compound application, a period commencing on the date that information is received by the Director­General and ending,— (a) Where— (i) The Director­General has either registered the agricultural compound under section 21, or re­ fused to grant such registration, in relation to the agricultural compound that is the subject of the innovative agricultural compound applica­ tion; and The date of that issue or refusal is not more than 5 years after the Director­General received an (ii) 48 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 6 s 74 application in relation to that agricultural com­ pound,— on the date 5 years after the date of that registration or refusal; or In any other case, on the date 5 years after the innovative agricultural compound application to which that infor­ mation relates is or was, as the case may be, received by the Director­General: (b) WTO country means a country that is a party to the Agree­ ment establishing the World Trade Organisation adopted at Marrakesh on the 15th day of April 1994.
73 Protection of conﬁdential supporting information about innovative agricultural compounds Where the Director­General receives an innovative agricul­ tural compound application and conﬁdential supporting infor­ mation, the Director­General, during the protected period in relation to that conﬁdential supporting information,— (a) Must take reasonable steps to ensure that that conﬁden­ tial supporting information is kept conﬁdential to the Director­General; and (b) Must not use that conﬁdential supporting information for the purposes of determining whether to grant any other application.
74 Circumstances where protection under section 73 does not apply (1) Notwithstanding section 73, the Director­General may, during the protected period in relation to conﬁdential supporting in­ formation,— (a) Disclose that conﬁdential supporting information, or use that conﬁdential supporting information for the pur­ poses of determining whether to grant any application other than the application to which it relates or related, as the case may be,— (i) With the consent of the applicant who made the application to which the conﬁdential supporting information relates or related; or 49 Part 6 s 74 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (ii) If that disclosure or use is, in the opinion of the Director­General, necessary to protect the health or safety of members of the public; or (i) (b) Disclose that conﬁdential supporting information to— A government department or statutory body for the purposes of that government department or statutory body; or (c) (ii) An advisor for the purposes of obtaining advice about the agricultural compound to which the in­ formation relates,— if, in the opinion of the Director­General, the govern­ ment department, statutory body, or advisor, as the case may be, will take reasonable steps to ensure that infor­ mation is kept conﬁdential; or Disclose that conﬁdential supporting information to— The World Health Organisation: (i) (ii) The Ofﬁce International des Epizooties: (iii) The Food and Agriculture Organisation: (iv) A regulatory agency of a WTO country: (v) A person or organisation, or a person or organ­ isation within a class or classes of persons or or­ ganisations speciﬁed in regulations,— if in the opinion of the Director­General, those persons, agencies, or organisations, as the case may be, will take reasonable steps to ensure that information is kept con­ ﬁdential.
The power to grant consent under subparagraph (i) of subsec­ tion (1)(a) may be exercised by a person other than the appli­ cant referred to in that subparagraph if— (a) That applicant— (i) Has notiﬁed the Director­General in writing that that other person may grant that consent; and (b) (ii) Has not notiﬁed the Director­General in writing that that person’s authority to grant that consent has been withdrawn; or That applicant’s rights in respect of the relevant conﬁ­ dential supporting information have been transferred to that person and the applicant or that person has notiﬁed the Director­General in writing of the transfer.
(2) 50 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 75 Part 7 Miscellaneous provisions 75 (1) Regulations Subject to section 78, the Governor­General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing substances, mixtures of substances, bio­ logical compounds, or any class or group of substances, mixtures of substances, or biological compounds which may, subject to the prescribed conditions (including, but not limited to, conditions that an importer, manu­ facturer, seller, or user must comply with a code of practice issued or approved in accordance with sec­ tion 28) be imported, manufactured, sold, or used as an agricultural compound without registration under section 21 or section 27: Prescribing substances or classes or group of substances which must be notiﬁed to the Director­General before importation, manufacture, sale, or use as an agricultural compound: Prescribing records, returns, or information which any person or class of persons may be required to keep or to report to the Director­General on agricultural com­ pounds exempt from registration under section 21 or section 27 by regulations made under this section: Prescribing consumer information requirements for agricultural compounds and procedures for the Dir­ ector­General to certify any consumer information requirements provided by suppliers of the compounds, as providing adequate information: Prescribing requirements for testing of products and auditing of quality assurance systems: Prescribing substances which are prohibited from use as agricultural compounds or as ingredients in agricultural compounds: Prescribing standards of quality, purity, and potency for any agricultural compound, systems to ensure the qual­ ity, purity, and potency of agricultural compounds, and requirements for testing agricultural compounds to en­ 51 (b) (c) (d) (e) (f) (g) Part 7 s 76 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (h) (i) (j) sure that they comply with prescribed standards and re­ quirements: Prescribing countries for the purposes of section 23 and subsection (3): Prescribing persons, organisations, or classes of persons or organisations for the purposes of section 74(1)(c): Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(3) (2) Where the importer, manufacturer, seller, or user of any agri­ cultural compound being imported into, manufactured in, sold, or used in New Zealand is required to notify the Director­Gen­ eral of that compound by regulations made under subsection (1), the importer, manufacturer, seller, or user must supply the prescribed information within 20 working days after the date on which the regulations come into force.
The Minister must, when recommending conditions in accord­ ance with this section, take into account conditions imposed in any prescribed countries on the same substances, mixtures of substances, biological compounds, or class or group of sub­ stances.
Before recommending the making of an Order in Council under subsection (1)(d), the Minister must be satisﬁed that there is likely to be an adverse economic result and the agricultural compound is being sold— (a) Without an adequate description of the contents; or (b) Consistently and signiﬁcantly below the contents de­ scribed in consumer information.
(4) Recommendation of Order in Council The Minister must recommend the making of an Order in Council under section 75(1)(a) if the Minister considers— (a) That the likely cost of assessing and registering an agri­ cultural compound as a trade name product is greater than the likely risks from the use of that agricultural compound without registration; or The likely risks of that substance, mixture of sub­ stances, or biological compound if used as an agri­ cultural compound are already adequately managed (b) 76 52 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 79 by restrictions placed on that substance, mixture of substances, or biological compound under any other Act.
77 Warranties 78 (1) The registration of any trade name product under section 21 or section 27, or the exemption of any agricultural compound from registration by regulations made under section 75, does not imply a warranty by the Crown or the Director­General that the trade name product or agricultural compound is rea­ sonably ﬁt for the purpose for which it is sold, or that the agri­ cultural compound complies with any labelling or other con­ sumer information relating to that compound.
Consultation before making of Orders in Council Before making any recommendation for the purpose of mak­ ing any Order in Council under section 75 or section 81, the Director­General must— (a) Do everything reasonably practicable on his or her part to consult with the organisations for the time being recognised by the Director­General as representing the interests of persons involved in the importation, manu­ facture, sale, or use of the agricultural compound or compounds who will or may be affected by any Order in Council made in accordance with the recommenda­ tion, of the proposed terms of the Order in Council; and (b) Advise the Minister of the results of any such consult­ ation,— (2) and the Minister must take into account the results of that con­ sultation.
Subsection (1) does not apply in respect of any Order in Coun­ cil if the Minister considers it desirable in the public interest that the Order in Council be made urgently.

(3) A failure to comply with subsection (1) does not affect the validity of any Order in Council made under this Act.
79 Relationship to other Acts Nothing in this Act affects the requirements of the Dairy In­ dustry Act 1952, the Animal Welfare Act 1999, the Misuse 53 Part 7 s 80 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 of Drugs Act 1975, the Wild Animal Control Act 1977, the Food Act 1981, the Meat Act 1981, the Medicines Act 1981, the Biosecurity Act 1993, the Hazardous Substances and New Organisms Act 1996, or the Animal Products Act 1999 in re­ lation to any substance, mixture of substances, or biological compound.
Section 79 was amended, as from 1 November 1999, by section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94) by omitting the word “or” and inserting the words “, or the Animal Products Act 1999”..

Section 79 was further amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Products Act 1999” for the words “Animals Protection Act 1960”.
80 81 (1) Correction of errors Where any mistake exists in the register or in any other docu­ ment made or issued under this Act, the Director­General may correct the mistake; and, for that purpose, may require the reg­ istrant to produce the certiﬁcate of registration or any other document held by the registrant.
Regulations prescribing fees and charges The Governor­General may from time to time, by Order in Council, make regulations prescribing or providing for fees and charges payable in respect of the exercise or performance of any of the functions, powers, or duties under this Act.
(2) Any such regulations may— (a) (b) (c) (d) (e) (f) Specify the persons by whom any fees and charges so prescribed or ﬁxed are payable; and Prescribe the matters for which direct and indirect costs may be recovered; and Prescribe a scale of fees and charges or a rate based on the time involved in carrying out the function, power, or duty; and Prescribe a scale of fees and charges or a fee and charge for a prescribed function, power, or duty; and Prescribe a formula for ﬁxing fees and charges; and Prescribe an annual fee or charge or classes of fees or charges payable by the registrants of a trade name prod­ uct; and 54 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 82 (g) Prescribe the time of payment of fees and charges, the means of collection of fees and charges, and the person who is responsible for paying a fee or charge.
(3) Any regulations made under subsection (1) may ﬁx the fees or prescribe the scale or formula for ﬁxing fees and charges so as to recover— (a) (b) The actual and reasonable costs of carrying out any spe­ ciﬁed action: The actual and reasonable costs of carrying out any spe­ ciﬁed class of actions for a speciﬁed period of time and, where applicable,— (i) Increase the costs by an amount sufﬁcient to re­ cover the difference between the costs incurred in a previous speciﬁed period and the costs recov­ ered, where the costs recovered were less than the costs incurred; or Reduce the costs by an amount sufﬁcient to re­ fund the difference between the costs incurred in a previous speciﬁed period and the costs recov­ ered, where the costs recovered were more than the costs incurred.
(ii) (4) (5) The Director­General may estimate the total fees and charges payable in accordance with regulations made under subsection (1) and may require the person who is liable to pay the fees and charges to pay some or all of those fees and charges in advance, and need not perform any actions to which the fee and charge relates until the amount required to be paid has been paid to the Director­General in full.

Any such estimate may from time to time be amended.
The Director­General may, as he or she thinks ﬁt, refund or waive any fee and charge prescribed in regulations made under subsection (1) in whole or in part in any case or class of cases including, but not limited to, any functions, powers, or duties carried out under Part 2.
82 Prohibition of importation or manufacture by registrant for non­payment of fees (1) Where the registrant of a trade name product is liable, in ac­ cordance with regulations made under section 81, to pay any 55 Part 7 s 83 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 fee or charge in respect of that trade name product and that fee or charge remains unpaid after the expiration of time provided by section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995, the registrant is, in addition to any other penalty payment imposed by this or any other Act, pro­ hibited from importing or manufacturing the trade name prod­ uct while the debt and any penalty payment remains unpaid.
The Director­General may waive a prohibition imposed in ac­ cordance with this section if he or she thinks ﬁt.

Debt due to the Crown Any ﬁnal fee and charge payable in accordance with this Act or regulations made under this Act by any person in respect of the completed exercise or performance of any action by the Director­General must, until paid in full and remitted to the Crown, constitute a debt due to the Crown and may be recovered in any Court of competent jurisdiction.
Amendment of Schedule 1 The Governor­General may from time to time, by Order in Council, amend the form set out in Schedule 1 or revoke that form and substitute a new form.

Amendments to other Acts The enactments speciﬁed in Schedule 2 are amended in the manner indicated in that Schedule.

Repeals and revocations The enactments speciﬁed in Schedule 3 are repealed.

The regulations and orders speciﬁed in Schedule 4 are re­ voked.
Part 8 Transitional provisions General Interpretation In this Part, unless the context otherwise requires,— (2) 83 84 85 86 (1) (2) 87 56 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 87 Animal remedy or remedy means any drug, medicine, rem­ edy, or therapeutic preparation, or any biochemical substance, which is manufactured, imported, or advertised for sale or is sold for any of the following purposes (a) (b) Testing any animals in relation to any disease; or Curing, diagnosing, treating, controlling, or preventing any disease in animals; or Destroying or preventing parasites on or in animals; or (c) (d) Maintaining or improving the health, condition, or pro­ ductivity of any animal; or Capturing or immobilising any animal;— (e) but does not include any preparation, substance, or product which is used primarily as a food for animals Authority has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996 Board means the Animal Remedies Board constituted under the Animal Remedies Act 1967 and continued in existence under section 96 of this Act Container includes anything in or by which an animal remedy may be cased, covered, enclosed, contained, or packed; and, in the case of any animal remedy sold or carried or intended for sale in more than one container, includes every such container Label, in relation to any animal remedy or any container used to contain an animal remedy, means any written, pictorial, or other descriptive matter under which the remedy is sold or to be sold and which purports to give any information about the remedy Licence means a licence issued by the Board under this Part, or a licence issued under the Animal Remedies Act 1967 and continued under section 94 of this Act, to any person to manu­ facture or import the animal remedy named in it; and licensee and licensed have corresponding meanings Manufacture,— (a) In relation to a pesticide, means to pack the pesticide or cause it to be packed for sale; or In
 relation to an animal remedy, means to make up, pre­ pare, produce, or process the remedy; and includes the packing of a remedy in any container for sale: (b) 57 Part 8 s 87 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Manufacturer, in relation to a pesticide, means the person who, as owner, manufactures the pesticide Pesticide means any substance to which section 112 applies Proprietor means,— (a) In relation to a pesticide manufactured in New Zealand, the manufacturer of the pesticide; and In relation to a pesticide manufactured elsewhere, the importer of the pesticide: (b) Use, in relation to any animal remedy, includes— (a) (b) (c) Mixing the remedy with any food provided for an ani­ Applying the remedy to an animal externally: Feeding the remedy to an animal orally: (d) (e) (f) mal: Providing an animal with the remedy in order that it may be consumed by the animal: Drenching an animal with the remedy: Injecting the remedy into an animal by any route or means whatsoever: Veterinary consultation, in relation to the administration, prescribing, or dispensing of any prescription animal remedy by a veterinarian to or in respect of any animal, means— (a) (b) An examination of that animal by that veterinarian; or The obtaining by that veterinarian of sufﬁcient informa­ tion about that animal, being an animal in the immediate care of that veterinarian, to enable that veterinarian to make an informed decision with respect to the adminis­ tration, dispensing, or prescribing of a prescription ani­ mal remedy to or in respect of that animal: Veterinary consultation: this deﬁnition was amended, as from 22 December 2005, by section 105 Veterinarians Act 2005 (2005 No 126) by substituting the word “veterinarian” for the words “veterinary surgeon” wherever they ap­ peared.
Veterinary surgeon[Repealed] Veterinary surgeon: this deﬁnition was repealed, as from 22 December 2005, by section 105 Veterinarians Act 2005 (2005 No 126).
[Repealed] 58 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 89 88 Regulations relating to transitional provisions Without limiting the provisions of section 75, the Governor­ General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Providing that any animal remedy licensed under the Animal Remedies Act 1967 or licensed in accordance with section 93— (i) Is no longer licensed in accordance with the Ani­ mal Remedies Act 1967 or section 93; and Is deemed to have been registered as a trade name product by the Director­General under Part 2, with the conditions speciﬁed in the regulations: (ii) (b) (c) (d) (e) Providing that any pesticide— (i) (ii) Is no longer subject to sections 112 to 122; and Is deemed to have been registered as a trade name product by the Director­General under Part 2, with the conditions speciﬁed in the regulations: Providing that any fertiliser registered under the Fer­ tilisers Act 1960 or registered in accordance with sec­ tion 91 is— (i) No longer registered in accordance with the Fer­ tilisers Act 1960 or section 91; and Is deemed to have been registered by the Dir­ ector­General under Part 2 of this Act, with the conditions speciﬁed in the registration: (ii) Providing that any substance, mixture of substances, or biological compound used as an agricultural com­ pound at the commencement of this Act but not subject to the provisions of the Fertilisers Act 1960, the Ani­ mal Remedies Act 1967, or the Pesticides Act 1979 is deemed to be registered under Part 2, with the condi­ tions speciﬁed in the regulations: Amending or revoking any of the regulations speciﬁed in Schedule 5.
89 Transitional provisions for certain agricultural compounds in use at commencement of Act Where, at the date of commencement of this Act, any sub­ stance, mixture of substances, or biological compound was 59 Part 8 s 90 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 sold or used as an agricultural compound, but was not sub­ ject to the provisions of the Fertilisers Act 1960, the Animal Remedies Act 1967, or the Pesticides Act 1979, that substance, mixture of substances, or biological compound may continue to be sold or used as an agricultural compound— (a) Until registered as a trade name product in accordance with regulations made under section 88; or (b) Until exempt from registration as an agricultural com­ pound in accordance with regulations made under sec­ tion 75; or For a period of 3 years from the date of commencement of this Act,— whichever is the earliest.
(c) 90 Transitional provisions for inspectors Every person who, immediately before the commencement of this Act, held ofﬁce as an inspector under the Animal Reme­ dies Act 1967 or the Pesticides Act 1979 is deemed to have been appointed as an inspector under section 60.
91 Application for registration made before commencement of Act (1) Where, before the date of commencement of this Act, any per­ son had made an application for registration under section 5 of the Fertilisers Act 1960, and no decision had been made to grant or refuse the application, that application is continued and determined in all respects under the Fertilisers Act 1960, including any rights of appeal under section 10 of that Act.
(2) Any fertiliser registered in accordance with subsection (1) may be sold or used as an agricultural compound in accordance with the terms and conditions of the registration— (a) For a period of 3 years from the date on which the regis­ tration was granted; or (b) Until the fertiliser is deemed to be registered in accord­ ance with regulations made under section 88; or Until the fertiliser is exempt from registration in accord­ ance with regulations made under section 75,— (c) whichever is the earliest.
60 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 93 92 Continuation of registration Where, before the date of commencement of this Act, a fer­ tiliser was registered under the Fertilisers Act 1960, that fer­ tiliser may continue to be sold or used as a fertiliser— (a) For a period of 3 years from the date of commencement of this Act; or (b) Until the fertiliser is deemed to be registered in accord­ ance with regulations made under section 88; or Until the fertiliser is exempt from registration in accord­ ance with regulations made under section 75,— (c) whichever is the earliest.
Animal remedies 93 Applications for licences made before commencement of Act (1) Where, before the date of commencement of this Act, any per­ son had made an application for a licence under section 19 of the Animal Remedies Act 1967, and no decision had been made to grant or refuse the application, that application must be continued and determined in all respects under the Animal Remedies Act 1967, including any rights of appeal under sec­ tion 34 of that Act and any rehearing under section 35 of that Act, as if this Act had not been enacted.
The holder of any licence granted in accordance with sub­ section (1) may import, or manufacture, and sell the animal remedy in accordance with the terms and conditions of the li­ cence— (a) (2) Until the licence expires in accordance with the terms and conditions speciﬁed in the licence; or For a period of 3 years from the date on which the li­ cence was granted, if the licence was granted under sec­ tion 24 of the Animal Remedies Act 1967 and the li­ cence does not include an expiry date; or Until the animal remedy is registered in accordance with regulations made under section 88,— (b) (c) whichever is the earliest.
61 Part 8 s 94 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 94 (1) Continuation of licences If, before the commencement of this Act, the importation or manufacture of an animal remedy was licensed under section 21 of the Animal Remedies Act 1967, the holder of the licence may import, or manufacture, and sell the animal remedy in accordance with the terms and conditions of the licence until the close of the earliest of— (a) the date that the licence expires in accordance with the terms and conditions of the licence; or the last day of a period of 3 years from the commence­ ment of this Act; or the day before the date that the animal remedy is regis­ tered in accordance with regulations made under section 88.
(b) (c) (2) Where, before the date of commencement of this Act, the im­ portation or manufacture of any animal remedy was licensed under section 24 of the Animal Remedies Act 1967, the holder of the licence may import, or manufacture, and sell that ani­ mal remedy in accordance with the terms and conditions of the licence— (a) Until the licence expires in accordance with the terms and conditions speciﬁed in the licence; or For a period of 3 years after the date on which the li­ cence was granted if the licence does not include an ex­ piry date; or Until the animal remedy is registered in accordance with regulations made under section 88,— (b) (c) whichever is the earliest.
Subsection (1) was substituted, as from 19 December 2002, by section 33 Agri­ cultural Compounds and Veterinary Medicines Amendment Act 2002 (2002 No 55).

Exemption from Act Where, before the date of commencement of this Act, any ani­ mal remedy was exempt from the provisions of the Animal Remedies Act 1967 in accordance with a notice given under section 3(1) of that Act, the provisions of that notice continue to apply with any necessary modiﬁcations for 3 years from the date of commencement of this Act.
95 62 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 97 Continuation of Animal Remedies Board 96 (1) Notwithstanding the repeal of the Animal Remedies Act 1967, the Board continues to exist in accordance with this section for 3 years after the date of commencement of this Act or until such earlier date as the Governor­General may ﬁx by Order in Council.
(2) A date may be ﬁxed in accordance with subsection (1) only when the Board has completed its functions in accordance with section 93.
(3) Where the Board ceases to exist 3 years after the date of com­ mencement of this Act and has not completed its functions in accordance with section 93, those matters still to be completed may be referred to the Director­General who must continue and complete the matters as if he or she were the Board; and the provisions of section 93 apply with any necessary modiﬁ­ cations.
The Board— (a) Continues to consist of the members holding ofﬁce under section 5 of the Animal Remedies Act 1967 immediately before the commencement of this Act; and (4) (c) (b) Has the function of considering and determining appli­ cations made under section 19 of the Animal Remedies Act 1967 before the date of commencement of this Act; and Has all such powers, rights, authorities, and privileges (including the right to delegate any of its powers to any person) as may be reasonably necessary or expedient to enable the Board to carry out its functions.
(5) No member of the Board is entitled to any money or other beneﬁt by way of compensation, or a claim for loss of remuner­ ation, or reimbursement of expected allowances, arising out of the abolition of the Board.
97 (1) Registrar of Animal Remedies The person appointed as Registrar of Animal Remedies under section 15 of the Animal Remedies Act 1967 and holding of­ ﬁce immediately before the commencement of this Act con­ 63 Part 8 s 98 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (2) 98 (1) tinues in ofﬁce until the Board ceases to exist in accordance with section 96.
The Registrar has such powers, functions, and duties which he or she had under the Animal Remedies Act 1967 as are necessary for the purposes of this Part.
Prescription animal remedies The Director­General may at any time, by notice in writing to the holder of any licence issued under the Animal Remedies Act 1967 or in accordance with section 93, if the Director­ General thinks it is desirable to do so having regard to the nature of any animal remedy, declare that animal remedy to be a prescription animal remedy of one of the following classes: Class I prescription animal remedies, being those reme­ (a) dies that, subject to the provisions of this section, may be administered to an animal only— (i) (ii) Under or in accordance with the authority or pre­ By a veterinarian; or (b) (c) scription of a veterinarian: Class II prescription animal remedies, being those remedies that, subject to the provisions of this section, may be administered to an animal only— (i) (ii) By a veterinarian; or In the presence and under the direct control of a veterinarian: Class III prescription animal remedies, being those remedies that, subject to the provisions of this section, may be administered to an animal only by a veterinar­ ian.
(2) Subject to subsection (3), no prescription animal remedy may be administered to, or prescribed or dispensed in respect of, an animal except following a veterinary consultation in respect of that animal.

(3) Nothing in this section applies to the administration of any pre­ scription animal remedy to any animal by any person who is, or who belongs to a class of person that is, speciﬁcally au­ thorised by the Animal Remedies (Develvetting) Regulations 1994 to administer that remedy.
64 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 99 Subsection (1) was amended, as from 22 December 2005, by section 105 Vet­ erinarians Act 2005 (2005 No 126) by substituting the word “veterinarian” for the words “veterinary surgeon” wherever they appear.

(2) Labelling 99 (1) Where this Part applies to any animal remedy, that animal remedy may be sold only under a label approved by the Dir­ ector­General.
The Director­General may require the label to display such information about the animal remedy as the Director­General thinks ﬁt.

The Director­General may approve a label subject to such con­ ditions as the Director­General thinks ﬁt to ensure that the label remains ﬁxed to the container and legible.

(3) (4) No person may alter, modify, remove, or deface any label un­ less that alteration, modiﬁcation, removal, or defacement has been approved by the Director­General.
The Director­General may at any time, by notice in writing to the holder of a licence to import, or manufacture, and sell any animal remedy, cancel the approval of any label and approve another label.

(5) (6) Where, before the commencement of this Act, any label has been approved by the Board under section 36 of the Animal Remedies Act 1967, that label is deemed to have been ap­ proved by the Director­General on the same terms and con­ ditions as the label was approved by the Board.
(7) Where, before the commencement of this Act, the Board was considering any change to a label, the Board must refer the matter to the Director­General, who must continue and com­ plete the matter in accordance with section 36 of the Animal Remedies Act 1967 as if the Director­General were the Board.

The provisions of sections 34 and 35 of the Animal Remedies Act 1967 apply to any decision made by the Director­General under subsections (1), (3), and (7) as if this Act had not been enacted.
(8) 65 Part 8 s 100 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 100 Containers for animal remedies No person may sell any animal remedy unless it is securely packed in a container that is suitable, having regard to the con­ tents of the container.
101 Warranties The licensing of an animal remedy or approval of a label does not imply a warranty by the Crown, the Director­General, or the Board that the animal remedy is reasonably ﬁt for the pur­ pose for which it is sold or that any statement contained in the label is correct.
102 Advertisements (1) Subject to subsection (2), no reference may be made in any advertisement in respect of an animal remedy to the licensing of the remedy, except a statement that the animal remedy is licensed in accordance with section 21 or section 22 of the Animal Remedies Act 1967.

(3) (2) No drug, medicine, remedy, or therapeutic preparation or bio­ chemical substance may be advertised as an animal remedy unless it is licensed in accordance with section 21 of the Ani­ mal Remedies Act 1967.
Every advertisement in respect of a prescription animal rem­ edy must include— (a) (b) The letters (in bold capitals) “PAR”; and The expression “Class I” or “Class II” or “Class III” (as the case may require); and A list of the active ingredients of the remedy; and The number of the relevant licence; and Such other statements (if any) as the Director­General may direct either generally or in respect of any particu­ lar animal remedy or class of animal remedy.
(c) (d) (e) (4) Where the Director­General is satisﬁed that an advertisement published by the licensee in respect of an animal remedy contains any inaccurate or misleading statement or otherwise contravenes any of the requirements of this Part of this Act, or of any regulations listed in Part 1 of Schedule 5 relating to advertisements, the Director­General may direct the licensee 66 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 104 to omit or modify the statement, or otherwise amend the state­ ment, in such manner as the Director­General may determine.
(5) Where the Director­General is satisﬁed that any person has published an advertisement— (a) In respect of an animal remedy that is not licensed under section 21 of the Animal Remedies Act 1967; or That contains any inaccurate or misleading state­ ment,— (b) the Director­General may require that person to submit to the Director­General every advertisement published or to be pub­ lished by that person in respect of an animal remedy or all animal remedies for which that person holds a licence, during such period as the Director­General may determine, or until further notice from the Director­General.
103 Register of licences (1) The Director­General must keep a register of all licenses is­ sued by the Board under the Animal Remedies Act 1967 or issued in accordance with section 93 of this Act.

The register kept under this section must contain the same par­ ticulars as are required for the register maintained under sec­ tion 31 of the Animal Remedies Act 1967.

(2) (3) Upon the issue of any licence under section 93, the Board must notify the Director­General of the issue of that licence.
104 Correction of errors (1) Where, before the commencement of this Act, the Board was correcting any error in accordance with section 32 of the Ani­ mals Remedies Act 1967, the Board must refer the matter to the Director­General, who may continue and complete the matter in accordance with that section as if the Director­Gen­ eral were the Board.
(2) Where, after the commencement of this Act, the Director­Gen­ eral is satisﬁed that an error exists in accordance with section 32 of the Animal Remedies Act 1967, the Director­General may correct the error in accordance with section 32 of that Act as if the Director­General were the Board.
67 Part 8 s 105 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (3) Where a mistake exists in the register of licences kept in ac­ cordance with section 103 or in a licence issued under section 93, by reason of an error or omission on the part of the Dir­ ector­General, the Director­General may correct the mistake, and for that purpose may require production of the licence or other document held by the licensee.
105 Loss or destruction of licence Where, after the commencement of this Act, the Director­Gen­ eral is satisﬁed that any licence has been lost, destroyed, or cannot be produced, the Director­General may issue a further licence in accordance with section 33 of the Animal Remedies Act 1967 as if the Director­General were the Board.
106 Reissue of licence Where, after the commencement of this Act, the provisions of section 26A of the Animal Remedies Act 1967 apply to any li­ cence, the Director­General may reissue the licence in accord­ ance with the provisions of that section as if the Director­Gen­ eral were the Board.
107 Revocation or suspension of licences (1) Where, before the commencement of this Act, the Board was considering the revocation or suspension of any licence in ac­ cordance with section 28 of the Animal Remedies Act 1967, the Board must refer the matter to the Director­General who may continue and complete the matter in accordance with that section; and the provisions of section 34 and section 35 of that Act apply with all necessary modiﬁcations to the Dir­ ector­General’s decision as if this Act had not been enacted.
(2) Where, after the commencement of this Act, the provisions of section 28 of the Animal Remedies Act 1967 apply to any li­ cence, the Director­General may revoke or suspend the licence in accordance with that section as if the Director­General were the Board.
68 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 110 108 Variation of particulars (1) Where, before the commencement of this Act, the Board was notiﬁed of a variation in the particulars of an application in accordance with section 29 of the Animal Remedies Act 1967, the Board must refer the matter to the Director­General, who may continue and complete the matter in accordance with that section as if the Director­General were the Board.
(2) Where, after the commencement of this Act, the provisions of section 29 of the Animal Remedies Act 1967 apply to any ap­ plication, the licensee must notify the Director­General of the variation or change; and the provisions of that section apply as if the Director­General were the Board.
109 Information protected under Part 2A of Animal Remedies Act 1967 The protection accorded to information by Part 2A of the Ani­ mal Remedies Act 1967 continues for the period speciﬁed in that Part of that Act, as though that Act had not been repealed, and during that period that information must not be used for the purposes of determining whether to grant— (a) (b) An application under Part 2.
A licence under section 93; or 110 Regulations to continue to apply (1) Such of the regulations speciﬁed in Part 1 of Schedule 5 as are in force on the date of commencement of this Act, subject to section 88(e), continue in force as if they had been made under this Act.
(2) Unless in any case the context otherwise requires, and subject to the provisions of this Part of this Act, in any regulations speciﬁed in Part 1 of Schedule 5,— (a) Every reference to the Animal Remedies Board must be read as a reference to the Director­General: Every reference to an inspector must be read as a refer­ ence to an inspector as deﬁned in section 2: Every reference to a veterinary surgeon must be read as a reference to a veterinarian as deﬁned in section 2.
(b) (c) (3) Regulations 34A, 34B, and 36(1) of the Animal Remedies Regulations 1980 are revoked.

69 Part 8 s 111 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 (4) (5) The right of appeal referred to in regulation 37 of the Animal Remedies Regulations 1980 continues to apply as if this Act had not been enacted.
The Director­General, as he or she thinks ﬁt, may grant to the holder of any licence an exemption from any regulation speciﬁed in Part 1 of Schedule 5 for such period as the Dir­ ector­General determines in respect of any such exemption.

111 Transfer of assets of Animal Remedies Board (1) All rights, assets, liabilities, and debts that the Animal Reme­ dies Board has, at the date it ceases to exist in accordance with section 96, become the rights, assets, liabilities, and debts of the Director­General.
(2) Any property that the Animal Remedies Board has, at the date it ceases to exist in accordance with section 96, vests in the Director­General.
Pesticides 112 Application of sections 113 to 122 (1) Subject to subsections (2) and (3), sections 113 to 122 apply to those pesticides which, before the date of commencement of this Act, were— (a) Registered pesticides under section 21 of the Pesticides Act 1979; or Pesticides subject to an experimental use permit under section 25 of the Pesticides Act 1979; or Pesticides subject to Ministerial exemption under sec­ tion 8 of the Pesticides Act 1979; or Pesticides registered in accordance with the provisions of section 165 of the Hazardous Substances and New Organisms Act 1996.
(b) (c) (d) (2) Where, before the date of commencement of this Act, any pes­ ticide was subject to Ministerial exemption under section 8 of the Pesticides Act 1979, it is exempt only from such of the provisions of sections 113 to 122 as are equivalent to those provisions of the Pesticides Act 1979 from which it was ex­ empted under the notice of Ministerial exemption.
70 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 116 (3) Sections 113 to 122 do not apply to any pesticide included in any regulations made under section 88.

113 Continuation of sale and use of pesticide Where any pesticide is subject to regulations made under section 160(1)(a) of the Hazardous Substances and New Organisms Act 1996, that pesticide may continue to be sold and used as a pesticide subject to the provisions of sections 114 to 122.
114 Registration subject to restricted use Any pesticide registered under section 21 of the Pesticides Act 1979, or in accordance with section 165 of the Hazardous Substances and New Organisms Act 1996 and also registered for restricted use under section 24 of the Pesticides Act 1979, or in accordance with section 165 of the Hazardous Substances and New Organisms Act 1996, continues to be used in accord­ ance with the provisions of section 24 of the Pesticides Act 1979.
115 Experimental use permits Notwithstanding the provisions of section 165(3) of the Hazardous Substances and New Organisms Act 1996, the Director­General may at any time cancel an experimental use permit granted under section 25 of the Pesticides Act 1979 or in accordance with section 165 of the Hazardous Substances and New Organisms Act 1996 if, in the opinion of the Director­General, the continued use of that pesticide is likely to affect adversely the purpose of this Act.
116 Labelling (1) The Director­General has all the powers of the Authority under section 166 of the Hazardous Substances and New Organisms Act 1996 in relation to the labelling of a pesticide for the pur­ poses of this Act.
(2) Where a regulation made under section 160(1)(b) of the Hazardous Substances and New Organisms Act 1996 applies to a pesticide, the provisions of section 166 of that Act con­ 71 Part 8 s 117 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 tinue to apply to the labelling of a pesticide for the purposes of this Act.
117 Advertisements (1) The Director­General has the power of the Authority under section 167 of the Hazardous Substances and New Organisms Act 1996 in relation to the advertising of a pesticide for the purposes of this Act.

(2) Where a regulation made under section 160(1)(b) of the Hazardous Substances and New Organisms Act 1996 applies to a pesticide, the provisions of section 167 of that Act con­ tinue to apply to the advertising of a pesticide for the purposes of this Act.
118 Review of registration (1) The Director­General has the same powers and obligations as the Authority has under section 168(1) and (2) of the Hazardous Substances and New Organisms Act 1996 to review the registration of a pesticide.
(2) Where the Director­General, after considering any representa­ tions or submissions by the proprietor, is satisﬁed that the con­ tinued use of the pesticide is likely to cause signiﬁcant risks in relation to the matters set out in section 19, the Director­Gen­ eral may attach further conditions to the registration of the pes­ ticide to reduce the risks identiﬁed by the Director­General in accordance with this section.
(3) A condition may be attached to the registration of a pesticide in accordance with subsection (2) prohibiting the sale or use of the pesticide.

The provisions of section 168(4) and (5) of the Hazardous Substances and New Organisms Act 1996 apply to any deci­ sion of the Director­General under this section.
(4) 119 Warranties The fact that a label has been accepted by the Director­General in accordance with section 116 of this Act does not imply a warranty by the Crown or by the Director­General that the 72 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 122 pesticide is reasonably ﬁt for the purpose for which it is sold or that any statement contained in any such label is correct.
120 Pesticides register (1) The Director­General may require the Authority to correct any errors in the register kept by the Authority under section 172 of the Hazardous Substances and New Organisms Act 1996.

The Director­General may incorporate any part or parts of the register kept by the Authority under section 172 of the Hazardous Substances and New Organisms Act 1996 into the register kept under section 24 as he or she thinks ﬁt.
(2) 121 Information protected under Part 2A of Pesticides Act 1979 The protection accorded to information by Part 2A of the Pesti­ cides Act 1979 continues for the period speciﬁed in that Part of that Act, as though that Act had not been repealed, and during that period that information must not be used for the purposes of determining whether to grant an application under this Act.
122 Regulations to continue to apply (1) Such of the regulations speciﬁed in Part 2 of Schedule 5 as are in force on the date of commencement of this Act, subject to section 88(e), continue in force as if they had been made under this Act.
(2) Unless in any case the context otherwise requires, and subject to the provisions of this Part of this Act, in any regulations speciﬁed in Part 2 of Schedule 5,— (a) Every reference to the Pesticides Board or to a Medical Ofﬁcer of Health or to the Director­General of Agricul­ ture and Fisheries or an inspector must in each case be read as a reference to the Director­General: Every reference to the Minister must be read as a refer­ ence to the Minister of Agriculture.
(b) 73 Schedule 1 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Section 69 Schedule 1 Search warrant Section 69 Agricultural Compounds and Veterinary Medicines Act 1997 To every member of the Police or [Full name], an inspector or [Full name] member of the Police I am satisﬁed on an application in writing made on oath by [Full name], an inspector under the Agricultural Compounds and Veterin­ ary Medicines Act 1997 that there is reasonable ground for believing that there is (or are) on, in, under or over [Description of place, dwellinghouse, or marae] the following thing (or things) which or each of which is a thing •• •• •• in respect of which an offence against the Agricultural Compounds and Veterinary Medicines Act 1997 has been or may have been committed; or that is or may be evidence of the commission of an offence against the Agricultural Compounds and Vet­ erinary Medicines Act 1997; or that is intended to be used for the commission of an offence against the Agricultural Compounds and Vet­ erinary Medicines Act 1997.
[Description of thing or things and, in respect of each, reference to offence concerned] I AUTHORISE YOU to enter and search that place on one occasion at any reasonable time within 14 days of the date of this warrant.

THIS WARRANT IS ISSUED SUBJECT TO THE CONDITIONS SPECIFIED BELOW If issued to a named inspector in respect of a dwellinghouse or marae, this warrant may not be executed unless the inspector executing it is accompanied by a member of the Police.
[Other conditions (if any)] ISSUED at..................... this ........... day of ..................... 19 ....... District Court Judge 74 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Schedule 2 (or Justice of the Peace) (or Registrar (not being a member of the Police)).
Schedule 2 Enactments amended Section 85 Enactment Amendment 1956, No 18—The Co­operative Companies Act 1956 (RS Vol 1, p 545) 1981, No 118—The Medicines Act 1981 By repealing the deﬁnition of the term fertiliser in section 2(1).
By repealing the deﬁnition of the term Animal remedy in section 2(1), and sub­ stituting the following deﬁnition: “Animal remedy or remedy means any drug, remedy, or therapeutic preparation, or any biochemical substance, which is manufactured, imported, or advertised for sale or is sold for any of the following purposes “(a) Curing, diagnosing, treating, con­ trolling, or preventing any disease in animals; or “(b) Destroying or preventing parasites on or in animals, or “(c) Maintaining or improving the health, condition, productivity, or appearance of any animal; or “(d) Capturing or immobilising any ani­ mal;— but does not include any preparation, sub­ stance, or product which is used primarily as a food for animals 75 Schedule 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Enactment Amendment 1994, No 164—The Income Tax Act 1994 1996, No 30—The Hazardous Substances and New Organisms Act 1996 By repealing section 55(5) and (6) and substituting the following subsections: “(4A) Where— “(a) Any information is held by the Authority relating to any application made under sec­ tion 28 or section 31 or sec­ tion 47 in respect of a haz­ ardous substance; and “(b) That substance is also the subject of an innovative agricultural compound ap­ plication in Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997; and deﬁned as “(c) That information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,— the provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the neces­ sary modiﬁcations, apply to that information as if the in­ formation were conﬁdential supporting information as deﬁned in that Part of that Act.
“(4B) The provisions of Part 6 of the Agricultural Compounds and Vet­ 76 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Schedule 2 Enactment Amendment erinary Medicines Act 1997, with the necessary modiﬁcations, apply to the Authority in respect of the information referred to in subsec­ tion (4A) as if the Authority were the Director­General, and as if ref­ erences in those sections to appli­ cations were references to applica­ tions in respect of hazardous sub­ stances; but— “(a) The protected period (as de­ ﬁned in Part 6 of the Agri­ cultural Compounds and Veterinary Medicines Act 1997) is the same period for which the information is protected under the Agricul­ tural Compounds and Veter­ inary Medicines Act 1997; and “(b) The Authority may disclose the information to any pre­ scribed person or organisa­ tion or prescribed class of persons or organisations; and “(c) The Authority must provide a summary of the effects of any substance in respect of which subsection (4A) ap­ plies where an application for approval is required to be publicly notiﬁed in accord­ ance with section 53 of this Act.
By omitting from section 55(7) the ex­ pression “6(b)”, and substituting the ex­ pression “(4A)(b)”.

77 Schedule 3 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Enactment Amendment The item relating to the Hazardous Substances and New Organisms Act 1996 was amended, as from 3 June 1998, by section 2 Agricultural Compounds and Veterinary Medicines Amendment Act 1998 (1998 No 25) by substituting the expression “Part 6” for the expression “Part 4”.
The item relating to the Income Tax Act 1994 was substituted, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).

Schedule 3 Enactments repealed Section 86(1) 1946, No 6—The Stock Foods Act 1946.

(RS Vol 11, p 413.)

1960, No 33—The Fertilisers Act 1960.

(RS Vol 19, p 335.)

1962, No 66—The Fertilisers Amendment Act 1962.

(RS Vol 19, p 355.)

1966, No 48—The Stock Foods Amendment Act 1966.

(RS Vol 11, p 429.)

1967, No 51—The Animal Remedies Act 1967.

(RS Vol 21, p 11.)
(RS Vol 21, p 11.)

1968, No 67—The Animal Remedies Amendment Act 1968.

(RS Vol 21, p 68.)

1969, No 51—The Animal Remedies Amendment Act 1969.

(RS Vol 21, p 69.)

1971, No 81—The Animal Remedies Amendment Act 1971.

(RS Vol 21, p 70.)

1972, No 47—The Animal Remedies Amendment Act 1972.

(RS Vol 21, p 70.)

1972, No 58—The Fertilisers Amendment Act 1972.

(RS Vol 19, p 355.)

1976, No 73—The Animal Remedies Amendment Act 1976.

(RS Vol 21, p 70.)

1980, No 144—The Stock Foods Amendment Act 1980.


(RS Vol 11, p 430.)

1981, No 59—The Animal Remedies Amendment Act 1981.

(RS Vol 21, p 71.)

• • • • • • • • • • • • • 78 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Schedule 4 • • • • • • • • • • • • • • 1981, No 95—The Stock Foods Amendment Act 1981.

(RS Vol 21, p 72.)

1981, No 118—The Medicines Act 1981: Section 111.

1982, No 59—The Animal Remedies Amendment Act 1982.

(RS Vol 21, p 72.)
(RS Vol 21, p 72.)

1982, No 134—The Fertilisers Act 1982.

1986, No 121—The Fair Trading Act 1986: So much of Part A of Schedule 2 as relates to the Fertilisers Act 1982.

1987, No 8—The Ofﬁcial Information Amendment Act 1987: So much of Schedule 3 as relates to the Animal Remedies Act 1967.

1988, No 121—The Animal Remedies Amendment Act 1988.

1989, No 143—The Regulations (Disallowance) Act 1989: So much of the Schedule as relates to the Stock Foods Act 1946.
1990, No 53—The Ministry of Agriculture and Fisheries Amendment Act 1990: Section 2(4)(i).

1991, No 60—The Judicature Amendment Act 1991: So much of the Schedule as relates to the Animal Remedies Act 1967.

1991, No 150—The Building Act 1991: So much of Schedule 4 as relates to the Animal Remedies Act 1967.

1992, No 47—The Crown Research Institute Act 1992: Sec­ tion 49(1) and so much of Schedule 1 as relates to the Fertilis­ ers Act 1960 and the Animal Remedies Act 1967.
1993, No 95—The Biosecurity Act 1993: So much of Sched­ ule 4 as relates to the Animal Remedies Act 1967.

1994, No 126—The Animal Remedies Amendment Act 1994.
Schedule 4 Regulations and orders revoked Section 86(2) Title Gazette Reference or Statutory Regulations Serial Number The Stock Food Regulations 1948 1948/145 79 Schedule 4 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 Title The Fertilizer Control Regulations 1948...............................................

The Fertilisers (Fees) Regulations 1961...............................................

The Fertilisers Regulations 1969 ..


The Fertilisers Regulations 1969, Amendment No 1 ..........................

The Fertilisers Regulations 1969, Amendment No 2 ..........................

The Fertilisers Regulations 1969, Amendment No 3 ..........................
The Pesticides Regulations 1983: Regulation 10 ................................ Gazette Reference or Statutory Regulations Serial Number 1948/198 1961/62 1969/88 1975/96 1981/155 1981/298 1983/14 The Pesticides (Organochlorine) Notice 1984 ................................... Gazette 1984, Vol III, p 3104 The Pesticides Regulations 1983, Amendment No 2 ..........................

The Animal Remedies Regulations 1980, Amendment No 3 ................
The Pesticides (Antifouling Paints) Order 1989 ....................................

The Animal Remedies (Fees) Regulations 1993...........................

The Pesticides (Fees) Regulations 1993............................................... 1985/196 1988/233 1989/166 1993/171 1993/172 80 Reprinted as at 3 September 2007 Agricultural Compounds and Veterinary Medicines Act 1997 Schedule 5 Title Pesticides The (Organotin Antifouling Paints) Regulations 1993...............................................
The Animal Remedies Amendment Act Commencement Order 1994 ..

The Pesticides (Fees) Regulations 1993, Amendment No 1 ................

The Animal Remedies (Fees) Regulations 1993, Amendment No 1............................................... Gazette Reference or Statutory Regulations Serial Number 1993/326 1994/307 1995/102 1995/103 Schedule 5 Regulations and orders continued in force Section 110 1 Title The Animals Remedies Regulations 1980..................................................
Remedies The (Develvetting) Regulations 1994 .....

Animals Gazette Reference or Statutory Regulations Serial Number 1980/145 1994/161 2 Section 122 81 Schedule 5 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 3 September 2007 2—continued Title The Pesticides Regulations 1983 (except regulation 10) ...................
The Pesticides (Bacterial and Fun­ gal Preparations) Order 1984 ........ Gazette Reference or Statutory Regulations Serial Number 1983/114 1984/216 Notice Exempting Pesticides from Registration ................................... Gazette 1991, Vol III, p 2425 from Speciﬁcation of countries which Unregistered Pesticides may be imported for own use ............... Gazette 1992, Vol III, p 2522 82