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(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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(2) A board of inquiry must— (3) (a) (b) 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 have a chairperson appointed either by the Minister or, if the Minister declines to do so, by the members. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 accord- ance with that Act in respect of time spent travelling in the service of such board— (b) and the provisions of that Act apply accordingly. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 45 Part 3 s 43 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (c) must investigate an application made under section 9 having regard to all relevant matters, including matters 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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), (ab), (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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 42(3): amended, on 18 October 2007, by section 28 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
(2) (3) 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(2) After receiving a report from the Board of Inquiry, the Minister must ensure that— (a) (b) a copy of the report is sent to the applicant; and 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(b) The Minister must give his or her decision in writing, including reasons for the decision, and give written notice of the decision (2) 46 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 4 s 46 to the applicant and every person who made a submission, and give notice of the decision in the Gazette. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 Director-General. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Part 4 Appeals Appeals In any case where the Director-General imposes any charge on any person to recover costs where that charge is calculated by the Director-General 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 ap- peal under this section is final.
(3) 45 (1) (2) (3) Any party to an appeal under this section may further appeal to the High Court on a question of law. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Appeal on question of law 46 (1) Any— (a) party to an application for registration under sections 9 and 26; or (ab) party to an application for an approval under section 8C; (b) or person who made a submission to the Director-General on any application for registration under section 16— may appeal against the decision of the Director-General to the High Court on a question of law. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(2) Any report and recommendation of the Director-General 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.
Section 46(1)(ab): inserted, on 18 October 2007, by section 29 of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
47 Part 4 s 47 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 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 Director-General; and every other party to the proceedings; and every other person who made a submission to the Dir- ector-General. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Right to appear and be heard on appeal 48 (1) A party to any proceedings, or any person who made submis- sions to the Director-General, 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— (a) (b) (c) 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
the appellant; and the Registrar of the High Court; and the Director-General.
(2) 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The Registrar of the High Court must ensure that the parties to an appeal before the High Court and the Director-General 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 notice of the time and date set down for hearing the appeal. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(b) Orders of High Court The High Court may, on application to it or on its own motion, make an order directing the Director-General to lodge with the Registrar of the High Court all or any of the following things: anything in the possession of the Director-General re- (a) lating to the appeal; and 49 (1) (2) 50 (1) 48 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 4 s 52 (b) (c) a report recording, in respect of any matter or issue the court may specify, any of the findings of fact of the Dir- ector-General 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- ector-General had regard but which are not set out in his or her decision or report and recommendation. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(3) 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 Director-General 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Sections 47 to 49 apply to a notice lodged under subsection (1), with all necessary modifications.
(3) (2) 52 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
49 Part 4 s 53 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 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- ector-General and all parties to the proceedings; and either— (i) (b) that no application has been lodged under section 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Part 5 Offences Offences Every person commits an offence against this Act who— (a) knowingly uses any agricultural compound in contra- vention of this Act; or knowingly sells any agricultural compound in contra- vention of this Act; or (b) (ba) knowingly manufactures any agricultural compound in contravention of this Act; or (bb) knowingly imports any agricultural compound in (c) (d) contravention of this Act; or knowingly contravenes any conditions which apply to any trade name product registered under section 21 or section 27; or knowingly contravenes any conditions which apply to any agricultural compound exempt from registration by regulations made under section 75; or 53 54 55 (1) 50 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 55 (da) knowingly contravenes any conditions of an approval given under section 8B or 8C; or (db) knowingly imports, manufactures, sells, or uses a prod- uct while that product’s registration is suspended under section 30A, unless allowed to do so by a condition or requirement imposed under section 30A(2); or (dc) knowingly contravenes or fails to comply with a condi- tion or requirement imposed under section 30A(2); or (dd) knowingly fails to comply with a direction given under section 30A(7); or (de) knowingly contravenes the requirements of any recall (e) (f) (g) (h) (i) (j) (k) (l) notice issued under section 35G; or knowingly sells any animal, plant, or primary produce that has been treated with, or exposed to, any agri- cultural | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 knowingly possesses any agricultural compound which has not been cleared for entry into New Zealand in ac- cordance with section 6; or 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); or knowingly supplies false or misleading information to the Director-General or an ACVM officer under this Act; or knowingly supplies false or misleading information in support of an application under this Act; or knowingly withholds relevant ACVM officer or person assisting an ACVM officer. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
information from an 51 Part 5 s 55 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (1A) Every person commits an offence against this Act who, in contravention of an order made under section 57A(2), or in contravention of such an order as varied under section 57A(4), imports, manufactures, sells, or uses any trade name product or agricultural compound. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Every person commits an offence against this Act who— (a) (b) (c) [Repealed] [Repealed] personates or falsely represents himself or herself to be an ACVM officer or recognised person; or (2) (d) without reasonable excuse obstructs or hinders an ACVM officer or recognised 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 4 years after the time when the matter of the information arose. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(1)(ba): inserted, on 18 October 2007, by section 30(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(bb): inserted, on 18 October 2007, by section 30(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
52 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 55 Section 55(1)(da): inserted, on 18 October 2007, by section 30(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(db): inserted, on 18 October 2007, by section 30(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(1)(dc): inserted, on 18 October 2007, by section 30(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(dd): inserted, on 18 October 2007, by section 30(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(de): inserted, on 18 October 2007, by section 30(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(1)(i): amended, on 18 October 2007, by section 30(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(j): added, on 18 October 2007, by section 30(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1)(k): added, on 18 October 2007, by section 30(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(1)(l): added, on 18 October 2007, by section 30(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(1A): inserted, on 18 October 2007, by section 30(4) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(2)(a): repealed, on 18 October 2007, by section 30(5)(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(2)(b): repealed, on 18 October 2007, by section 30(5)(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(2)(c): amended, on 18 October 2007, by section 30(5)(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 55(2)(d): amended, on 18 October 2007, by section 30(5)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 55(3): amended, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
Section 55(5): amended, on 18 October 2007, by section 30(6) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
53 Part 5 s 56 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 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 term of imprisonment not exceeding 2 years or a fine not exceeding $30,000, or both: in the case of a corporation, to a fine not exceeding $150,000. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(b) (2) (1A) Every person who commits an offence against section 55(1A) is liable on summary conviction to a term of imprisonment not exceeding 2 years or a fine not exceeding $60,000, or both.
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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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.
Section 56(1)(a): substituted, on 18 October 2007, by section 31(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 56(1A): inserted, on 18 October 2007, by section 31(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
54 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 57A Revocation of registration or approval 57 (1) When a registrant or an agent of a registrant is convicted of an offence against this Act, the court may, instead of or in addition to a fine or imprisonment, revoke any registration held by that registrant of any trade name product. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(2) When a holder of an approval under section 8C, or any agent of such a holder, is convicted of an offence against this Act, the court may, instead of or in addition to a fine or imprisonment, revoke the approval.
Section 57: substituted, on 18 October 2007, by section 32 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
57A Power to prohibit person from importing, manufacturing, selling, or using trade name product or agricultural compound This section applies where— (a) a person is convicted of an offence under section 55(1) and either— (i) (1) (ii) the person has been convicted of a previous of- fence against section 55(1); or the court is of the opinion that by reason of the serious nature of the offence the person’s activ- ities relating to agricultural compounds should be restricted; or (2) (b) a person is convicted of breaching a restriction order issued under this section. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The court may, in addition to or substitution for any other penalty imposed on a person convicted of an offence to which this section applies, issue an order prohibiting the person from importing, manufacturing, selling, or using any trade name product or agricultural compound.
(3) A person who is the subject of an order under subsection (2) may, at any time after the expiration of 12 months from the date of the order, apply to the court for the cancellation of the order. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(4) At the hearing of the application the court may, if it thinks fit, having regard to— (a) (b) the character of the applicant; and the applicant’s conduct since the order was made; and 55 Part 5 s 58 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (c) the nature of the offence of which the applicant was convicted; and any other circumstances of the case,— (d) order that, as from a date to be specified in the order, the pro- hibition be removed or the order be varied, or refuse the appli- cation. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
If the court has, under subsection (4), ordered that the order be varied or has refused the application, the person may not make a further application under subsection (3) within 12 months after the date of the order of variation or the refusal.
Section 57A: inserted, on 18 October 2007, by section 33 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 first-men- tioned person, whether or not it was done with that other per- son’s knowledge or approval. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(5) 58 (1) (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 unless it is done without the principal’s express or implied au- thority. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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) (3) 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 he or she took such steps as were reasonably practicable to prevent the commission of the of- fence— (ii) 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: 56 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 60 (b) 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(ii) 59 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(b) 60 (1) Appointment of ACVM officers The Director-General may from time to time appoint persons as agricultural compounds and veterinary medicines officers (ACVM officers) for the purposes of administering and en- forcing the provisions of this Act. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(2) An ACVM officer may be authorised, on his or her appoint- ment, to exercise all of the powers and functions conferred on ACVM officers under this Act, or only those powers and functions specified in his or her instrument of appointment, or subsequently by written notice to the ACVM officer.
(3) ACVM officers must be persons employed under the State (4) Sector Act 1988. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The Director-General may from time to time establish per- formance standards and technical standards for ACVM offi- cers; and every ACVM officer, when performing his or her functions, powers, or duties under this Act, must use his or 57 Part 5 s 61 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 her best endeavours to comply with and give effect to the rele- vant performance standards or technical standards. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The Director-General may suspend or revoke any appointment made under this section at any time.
Section 60 heading: amended, on 18 October 2007, by section 34(1)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 60(1): amended, on 18 October 2007, by section 34(1)(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 60(2): amended, on 18 October 2007, by section 34(1)(c) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 60(2): amended, on 15 November 2000, by section 6 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).
Section 60(3): amended, on 18 October 2007, by section 34(1)(d) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 60(4): amended, on 18 October 2007, by section 34(1)(e) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Appointment of authorised persons [Repealed] Section 61: repealed, on 18 October 2007, by section 35 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Appointment of recognised persons The Director-General may recognise persons to carry out spe- cified functions for the purposes of this Act. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The recognition of a person under this section can be made only if that person has, in the opinion of the Director-Gen- eral, the experience, technical competence, and qualifications to undertake the functions specified in the instrument of recog- nition. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Every person recognised under this section must comply with any lawful direction or instruction given by the Director-Gen- eral in relation to the exercise and performance of the func- tions, powers, and duties conferred or imposed on recognised persons by the Director-General under subsection (1). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(5) 61 62 (1) (2) (3) 58 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 63 (4) (5) (6) Persons recognised under this section may, but need not, be persons who are employed under the State Sector Act 1988. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
The Director-General may from time to time establish per- formance standards and technical standards for recognised persons; and every recognised 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.
The Director-General may suspend or revoke any recognition given under this section at any time. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 62 heading: amended, on 18 October 2007, by section 36(1)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 62(1): amended, on 18 October 2007, by section 36(1)(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 62(2): amended, on 18 October 2007, by section 36(1)(c) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 62(2): amended, on 15 November 2000, by section 8 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).
Section 62(3): amended, on 18 October 2007, by section 36(1)(d) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 62(4): amended, on 18 October 2007, by section 36(1)(d) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 62(5): amended, on 18 October 2007, by section 36(1)(d) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 62(6): amended, on 18 October 2007, by section 36(1)(e) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
63 Protection of ACVM officers and recognised persons No action or proceedings may be brought against any ACVM officer or recognised person in respect of any actions taken by any such officer or person under this Act unless he or she has acted in bad faith or without reasonable cause.
Section 63: substituted, on 18 October 2007, by section 37 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
59 Part 5 s 64 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Powers of entry for inspection 64 (1) Any ACVM officer may enter or go on, into, under, or over any place (including, to avoid doubt, any transitional facility or biosecurity control area within the meaning of the Biosecurity Act 1993) for the purpose of inspection to determine whether or not any person is complying with this Act. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(1A) Subsection (1) does not apply to a place that is a dwellinghouse (2) (3) or a marae. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
For the purposes of subsection (1), an ACVM officer may— open containers and packages and inspect the contents: (a) request, gather, or secure evidence, take samples of (b) 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: order the person in charge of the place to identify and hold any agricultural compound for up to 5 working days. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(d) (c) Every ACVM officer exercising any of the powers conferred by this section must, at the time of exercising that power and thereafter on request, produce— (a) evidence of that person’s appointment as an ACVM of- ficer; and evidence of that person’s identity.
(b) (4) An ACVM officer 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 64(1): substituted, on 18 October 2007, by section 38(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 64(1A): inserted, on 18 October 2007, by section 38(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
60 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 66 Section 64(2): amended, on 18 October 2007, by section 38(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 64(3): amended, on 18 October 2007, by section 38(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 64(3)(a): amended, on 18 October 2007, by section 38(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 64(4): amended, on 18 October 2007, by section 38(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
ACVM officers may issue prohibition notices 65 (1) Any ACVM officer who has reasonable grounds to believe that any person manufacturing, selling, importing or using any agricultural compound is acting in contravention of any pro- vision of this Act, or any conditions on the registration of a trade name product or on an approval given under section 8C or any conditions determined under section 8B(2), may give written notice to that person prohibiting the manufacture, sale, import, 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 ACVM officer. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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, import, or use of a trade name product or an agricultural compound.
(3) A prohibition notice issued under subsection (1) may be issued subject to such conditions as the persons issuing it considers appropriate. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 65: substituted, on 18 October 2007, by section 39 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
61 Part 5 s 67 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 67 Matters may be completed by different ACVM officers If an ACVM officer has issued a prohibition notice under sec- tion 65, any ACVM officer 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 67 heading: amended, on 18 October 2007, by section 40(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 67: amended, on 18 October 2007, by section 40(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 after the notice being issued or the variation being given, ap- peal against it to a District Court on the grounds that it is un- reasonable.
The court must inquire into the circumstances of the prohib- ition notice or variation, and may vary, rescind, or confirm it. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(3) An appeal against a prohibition notice, or variation of that no- tice, does not operate as a stay of the notice or variation. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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) or section 55(1A): 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: (b) 62 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 70 (c) 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,— may issue a search warrant in the form set out in Schedule 1. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Every search warrant must be directed either to a constable by name or to every constable or to any ACVM officer by name, but in any of those cases, the warrant may be executed by any constable.
(2) (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 constable or any ACVM officer may call any person to assist him or her in the execution of a search warrant. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 69(1)(a): amended, on 18 October 2007, by section 41(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 69(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 69(2): amended, on 18 October 2007, by section 41(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 69(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 69(4): amended, on 18 October 2007, by section 41(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
70 (1) Powers of entry with warrant Every warrant, subject to any conditions imposed under sub- section (3), authorises the constable or the ACVM officer who is executing it and any person called on by that constable or ACVM officer to assist— (a) to enter the place, dwellinghouse, or marae on 1 occa- sion within 14 days after the date of the issue of the war- rant at any time that is reasonable in the circumstances; and to use such force, 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 (b) 63 Part 5 s 70 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (c) (d) (e) (f) to search for and seize— (i) any agricultural compound, any trade name prod- uct, or substance, mixture of substances, or bio- logical 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 of- fence committed against section 55(1) or section 55(1A): 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 (ii) 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 believe that the structure, container, packaging, or label or other thing is in breach of the provisions | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
or other thing is in breach of the provisions of this Act or regu- lations; and to seize and detain any trade name product or any agri- cultural compound manufactured or 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 public health, agricultural security, trade in or market access for primary produce, the welfare of animals, or may breach domestic food residue standards; and appears to an ACVM officer, who has made such inquiries as appear reasonable in the cir- cumstances, to have been abandoned or have no apparent or readily identifiable owner. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(ii) (2) Any constable or ACVM officer who executes a search war- rant 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 64 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 5 s 70 (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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(3) Where the occupier of the place, dwellinghouse, or marae is not present at the time the search warrant is executed, the con- stable or ACVM officer 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 constable or ACVM officer, and the address of the Police station or other office to which enquiries should be made. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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 constable or ACVM officer executing the warrant must leave in a prominent place on the place, dwellinghouse, or marae or send to the occupier, within 10 working days after the search, a written inventory of all things so seized. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
(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 constable.
Section 70(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 70(1): amended, on 18 October 2007, by section 42(1)(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 70(1)(c)(i): amended, on 18 October 2007, by section 42(1)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 70(1)(e): amended, on 18 October 2007, by section 42(1)(c) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 70(1)(f)(i): substituted, on 18 October 2007, by section 42(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 70(1)(f)(ii): amended, on 18 October 2007, by section 42(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 70(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
65 Part 5 s 71 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Section 70(2): amended, on 18 October 2007, by section 42(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 70(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 70(3): amended, on 18 October 2007, by section 42(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 70(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 70(4): amended, on 18 October 2007, by section 42(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Section 70(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
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 constable under a search warrant is- sued under section 69 and, with the necessary modifications, to any property seized by any ACVM officer under such a war- rant. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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, after 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 application, on such terms as he or she thinks fit, for the pro- ceedings to be brought, or may make any order that a court may make under section 199(3)(a) of the Summary Proceed- ings Act 1957. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
71 (1) (2) (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 Director-General.
Section 71(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
66 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 6 s 72 Section 71(1): amended, on 18 October 2007, by section 43(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Section 71(1): amended, on 18 October 2007, by section 43(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
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 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 about the agricultural compound that is or was, as the case may be, the subject of that application (b) (b) 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 Director-General, 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 trade name product; or a pesticide under the Pesticides Act 1979; or 67 Part 6 s 73 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Medicines Act 1997 Reprinted as at 1 July 2011 (iii) an animal remedy under the Animal Remedies 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 Director-General and ending,— (a) where— (i) the Director-General 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 application; and the date of that issue or refusal is not more than 5 years after the Director-General received an application in relation to that agricultural com- pound,— (ii) (b) 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 Director-General 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. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |
Protection of confidential supporting information about innovative agricultural compounds Where the Director-General receives an innovative agricul- tural compound application and confidential supporting infor- mation, the Director-General, 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 Director-General; and (b) must not use that confidential supporting information for the purposes of determining whether to grant any other application. | Gender Based violence- Violence Against Women | Acid violence / crime | New Zealand | https://docs-lawep.s3.us-east-2.amazonaws.com/1698943948883.pdf | https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf |