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73 68 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 6 s 74 74 Circumstances where protection under section 73 does not apply (1) Notwithstanding section 73, the Director-General 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 purposes of determining whether to grant any appli- cation 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 if that disclosure or use is, in the opinion of the Director-General, necessary to protect the health or safety of members of the public; or (ii) (b) (c) disclose that confidential supporting information to— (i) a government department or statutory body for the purposes of that government department or statutory body; or an advisor for the purposes of obtaining advice about the agricultural compound to which the in- formation relates,— (ii) if, in the opinion of the Director-General, 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— (i) (ii) (iii) (iv) (v) the World Health Organisation: the Office International des Epizooties: the Food and Agriculture Organisation: a regulatory agency of a WTO country: a person or organisation, or a person or organisa- tion within a class or classes of persons or organ- isations specified in regulations,— if in the opinion of the Director-General, those persons, agencies, or organisations, as the case may be, will take reasonable steps to ensure that information is kept con- fidential.
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69 Part 7 s 75 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 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) (ii) has notified the Director-General in writing that that other person may grant that consent; and has not notified the Director-General in writing that that person’s authority to grant that consent has been withdrawn; or (b) that applicant’s rights in respect of the relevant confi- dential supporting information have been transferred to that person and the applicant or that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 Director-General in writing of the transfer.
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Part 7 Miscellaneous provisions Regulations Subject to section 78, the Governor-General 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 any prescribed conditions (including, but not limited to, conditions that an importer, manu- facturer, seller, or user must comply with an operating plan approved in accordance with section 28) be im- ported, 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 Director-General 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 Director-General on agricultural com- pounds exempt from registration under section 21 or section 27 by regulations made under this section: (b) (c) (2) 75 (1) 70 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 75 (ca) (cc) prescribing procedures, processes, and requirements re- lating to conditions imposed at the time of registration of trade name products under section 21 or 27: (cb) prescribing procedures, processes, and requirements re- lating to conditions on those substances exempt from registration as an agricultural compound under section 8B: prescribing procedures, processes, and requirements for applying for registration of a trade name product: (cd) prescribing standards relevant to consideration of appli- cations for registration of trade name products and the conditions imposed on registration, including, without limitation, standards in relation to— (i) (ii) (iii) manufacturing processes and facilities: packing, storage, transport, and handling: authorising the use of,
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transport, and handling: authorising the use of, selling, or supplying agri- cultural compounds: the activities or behaviour of persons recognised to carry out certain functions in relation to agri- cultural compounds: identification and labelling: separating off portions of products into smaller quantities: (iv) (v) (vi) (vii) any other matter relevant to the management of products, activities, or behaviour to minimise the risks specified in section 4: prescribing consumer information requirements for agricultural compounds and procedures for the Dir- ector-General 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 (d) (e) (f) (g) 71 Part 7 s 75 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (h) requirements for testing agricultural compounds to en- 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.
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(1A) Regulations made under this section— (j) (i) (a) may apply to all agricultural compounds or substances, any class or description of agricultural compounds or substances, or any particular agricultural compound or substance: (b) may authorise the Director-General to issue or impose any specifications or other detailed requirements that are necessary or desirable to amplify the manner in which the requirements of the regulations may or must be achieved.
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(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 Director-Gen- 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.
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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.
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(3) (3A) When recommending the making of regulations under this sec- tion, the Minister must have regard to the desirability of main- taining consistency between those regulations and any rele- vant international standards, requirements, or recommended practices.
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Before recommending the making of an Order in Council under subsection (1)(d), the Minister must be satisfied that (4) 72 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 76A there is likely to be an adverse economic result and the agricultural compound is being sold— (a) (b) without an adequate description of the contents; or consistently and significantly below the contents de- scribed in consumer information.
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Section 75(1)(a): amended, on 18 October 2007, by section 44(1)(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 75(1)(a): amended, on 18 October 2007, by section 44(1)(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 75(1)(ca): inserted, on 18 October 2007, by section 44(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 75(1)(cb): inserted, on 18 October 2007, by section 44(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 75(1)(cc): inserted, on 18 October 2007, by section 44(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 75(1)(cd): inserted, on 18 October 2007, by section 44(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 75(1A): inserted, on 18 October 2007, by section 44(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 75(3A): inserted, on 18 October 2007, by section 44(4) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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76A Director-General may set specifications and other detailed (1) (2) requirements The Director-General may from time to time issue notices set- ting specifications and other detailed requirements that— (a) are specified or contemplated by or necessary to give effect to any regulation made under section 75; or are necessary or desirable to amplify the manner in which the requirements of any such regulation may or must be achieved.
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(b) Before issuing a notice under this section, the Director-Gen- eral must do everything reasonably practicable to consult with the organisations for the time being recognised by the Dir- ector-General as representing the interests of persons who will 73 Part 7 s 76A Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (3) or may be affected by the specifications or other detailed re- quirements contained in the notice.
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Subsection (2) does not apply where the Director-General con- siders it desirable in the public interest that the notice be issued urgently. (4) A failure to comply with subsection (2) does not affect the validity of a notice issued under this section.
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(5) Where a notice under this section affects only 1 person or a small number of persons, and the identity of those persons is known, the Director-General must— (a) (b) notify the persons individually in writing, whether per- sonally by post or facsimile addressed to the person, or by electronic means acceptable to the person; and either— (i) supply them with a copy of the specifications or other requirements; or notify them where they may inspect a copy free of charge (which may include inspection by elec- tronic means) or obtain a copy on payment of a reasonable charge.
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(ii) (6) Where it is not possible or practicable to notify a matter in accordance with subsection (5), the Director-General must— either publish the specifications or other requirements (a) in the Gazette, or notify their making or existence in the Gazette; and (b) where the Director-General considers it practicable, cause them to be brought to the attention of persons likely to be affected by them by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).
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If the specifications or other requirements are notified only, and not published, in the Gazette— (a) the Director-General must make copies available for in- spection free of charge, and for purchase at a reasonable cost, at the head office of the Ministry and at such other places as the Director-General determines; and the Gazette notice must specify where a copy may be inspected or obtained.
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(b) (7) 74 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 77A Section 76A: inserted, on 18 October 2007, by section 45 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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76 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 substances, or biological compound if used as an agricultural com- pound are already adequately managed by restrictions placed on that substance, mixture of substances, or bio- logical compound under any other Act.
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(b) 77 Warranties The registration of any trade name product under section 21 or section 27, or the exemption of any agricultural compound from registration under section 8A, does not imply a warranty by the Crown or the Director-General that the trade name prod- uct or agricultural compound is reasonably fit for the purpose for which it is sold, or that the agricultural compound complies with any labelling or other consumer information relating to that compound.
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Section 77: amended, on 18 October 2007, by section 46 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 77A Right of review of registration decisions made under (1) delegated authority This section applies to any decision made under any of sec- tions 8C, 21, 27, and 30A by a person acting under the dele- gated authority of the Director-General.
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(2) A person dissatisfied with any such decision may seek a re- view of the decision by the Director-General or by a person designated by the Director-General who was not involved in making the original decision.
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(3) An application for a review must— be in writing; and (a) 75 Part 7 s 78 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (b) (c) state the grounds on which it is believed that the original decision was inappropriate; and be provided to the Director-General within 20 working days after the original decision was notified to the ap- plicant.
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(5) (4) The Director-General, or a person designated by the Director- General who was not involved in the original decision, must review the matter within 40 working days, or within such ex- tended period not exceeding a further 20 working days as the Director-General or designated person may specify by notice in writing to the applicant.
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For the purposes of a review, the Director-General or desig- nated person may require the applicant to supply information additional to that contained in the application for review within a specified time. The time taken to supply any such infor- mation (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits specified in subsection (4).
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The decision sought to be reviewed remains valid unless and until altered by the Director-General or designated person. The Director-General or designated person must, as soon as practicable, notify the applicant for review of his or her deci- sion on the review in writing, giving reasons for the decision. (8) A decision by the Director-General under this section is final, unless determined otherwise by a court of law of competent jurisdiction.
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Section 77A: inserted, on 18 October 2007, by section 47 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(7) (6) Consultation before making of Orders in Council Before making any recommendation for the purpose of mak- ing any Order in Council under section 75 section 81D, or sec- tion 81E, the Director-General must— (a) do everything reasonably practicable on his or her part to consult with the organisations for the time being recognised by the Director-General 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 78 (1) 76 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 80 in Council made in accordance with the recommenda- tion, of the proposed terms of the Order in Council; and advise the Minister of the results of any such consult- ation,— (b) and the Minister must take into account the results of that con- sultation.
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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. (2) (3) A failure to comply with subsection (1) does not affect the validity of any Order in Council made under this Act. Section 78(1): amended, on 18 October 2007, by section 48 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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79 Relationship to other Acts Nothing in this Act affects the requirements of the Animal Welfare Act 1999, the Misuse of Drugs Act 1975, the Wild Animal Control Act 1977, the Food Act 1981, the Wine Act 2003, the Health Act 1956 (despite section 138 of that Act), the Medicines Act 1981, the Biosecurity Act 1993, the Hazardous Substances and New Organisms Act 1996, or the Animal Products Act 1999 in relation to any substance, mixture of substances, or biological compound.
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Section 79: amended, on 18 October 2007, by section 49(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 79: amended, on 18 October 2007, by section 49(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 79: amended, on 18 October 2007, by section 49(c) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 79: amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142). Section 79: amended, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
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80 Correction of errors Where any mistake exists in the register or in any other docu- ment made or issued under this Act, the Director-General may correct the mistake; and, for that purpose, may require the reg- istrant or any holder of an approval to produce the certificate 77 Part 7 s 81 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 of registration or any other document held by the registrant or holder of the approval.
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Section 80: amended, on 18 October 2007, by section 50 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Cost recovery Heading: inserted, on 18 October 2007, by section 51 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Principles of cost recovery The Minister and the Director-General must take all reason- able steps to ensure that the direct and indirect costs of admin- istering this Act that are not provided for by money appropri- ated by Parliament for the purpose are recovered under this section and sections 81A to 83 (referred to in this section and those sections as the cost recovery sections), whether by way of fees, levies, or otherwise.
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In determining the most appropriate method of cost recovery under section 81A, and its level, in any particular case or class of cases of agricultural compound, business, person, or other matter, the Minister and Director-General must have regard, as far as is reasonably practicable, to the following criteria: (a) equity, in that funding for a particular function, power, or service, or a particular class of function, powers, or services, should generally, and to the extent practicable, be sourced from the users or beneficiaries of the rele- vant function, power, or service at a level commensu- rate with their use or benefit from the function, power, or service: efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost: justifiability, in that costs should be collected only to meet the reasonable costs (including indirect costs) for the provision or exercise of the relevant function, power, or service: transparency, in that costs should be identified and al- located as closely as practicable in relation to tangible (b) (c) (d) 81 (1) (2) 78 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 81A service provision for the recovery period in which the service is provided.
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(3) Costs should not be recovered under the cost recovery sections unless there has been appropriate consultation with affected parties and relevant industry organisations in accordance with section 78, and the parties involved have been given sufficient time and information to make an informed contribution.
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(4) Nothing in subsection (3) or section 78 or 81C requires con- sultation in relation to specific fees or charges, or the specific levels of fees or charges, so long as the fees or charges set are reasonably within the purview of any general consultation or any consultation carried out for the purposes of section 78, and a failure to comply with subsection (3) does not affect the validity of any regulations made for the purposes of these cost recovery sections.
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(5) Nothing in this section requires a strict apportionment of the costs to be recovered for a particular function or service based on usage; and, without limiting the way in which fees or charges may be set, a fee or charge may be set at a level or in a way that— (a) is determined by calculations that involve an averaging of costs or potential costs: takes into account costs or potential costs of services that are not directly to be provided to the person who pays the fee or charge but which are an indirect or po- tential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.
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(b) Section 81: substituted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81A Methods of cost recovery The methods by which costs may be recovered under the cost recovery sections are as follows: fixed fees or charges: (a) fees or charges based on a scale or formula or at a rate (b) determined on an hourly or other unit basis: use of a formula or other method of calculation for fix- ing fees and charges: (c) 79 Part 7 s 81B Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (d) (e) (f) (g) the recovery by way of fee or charge of actual and rea- sonable costs expended in, or associated with, the per- formance of a service or function: estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appro- priate further payment or refund after provision of the service or function: refundable or non-refundable deposits paid before pro- vision of the service or performance of the function: fees or charges imposed on users of services or third parties: levies: any combination of the above.
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(h) (i) Section 81A: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81B Cost recovery to relate generally to financial year (1) Except as provided in subsection (2), any regulations under the cost recovery sections that set a fee, charge, or levy that applies in any financial year— (a) must have been made before the start of that financial (b) year; but except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.
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(b) Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if either— (a) the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or in the case of an increase or a new fee, charge, or levy,— appropriate consultation in accordance with sec- (i) tion 78 has been carried out with persons or rep- resentatives of persons substantially affected by the alteration or setting; and the Minister is satisfied that those persons, or their representatives, agree or do not substan- tially disagree with the alteration or setting.
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(ii) (2) 80 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 81D (3) (4) Subsection (1) does not prevent the amendment of any regula- tion setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.
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Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year). Section 81B: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81C Three-yearly review of cost recovery (1) The Minister must cause to be reviewed, at least once in every 3-year period occurring since the original setting of, or latest change to, the levels and methods of cost recovery in relation to any class of agricultural compound, business, person, or other matter, the levels and methods of cost recovery in the relevant area that are likely to be appropriate for the following financial year or years.
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The Minister must ensure that appropriate consultation in ac- cordance with section 78 takes place in relation to any such review. (2) (3) A review may make provision for recovery in any relevant fi- nancial year of any shortfall in cost recovery for any of the pre- ceding 4 financial years, or make allowance for any over-re- covery of costs in those years (including any estimated short- fall or over-recovery for the immediately preceding financial year).
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Subsection (1) does not require all areas of cost recovery to be reviewed at the same time, nor does it impose any time limit on the making of regulations to implement the results of a review. Section 81C: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(4) 81D Fees and charges to be prescribed by regulations (1) Regulations may be made under this Act, on the recommenda- tion of the Minister, prescribing fees and charges for the pur- poses of this Act. 81 Part 7 s 81E Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (2) The fees and charges may be prescribed using any 1 or more of the methods specified in section 81A, or any combination of those methods.
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(3) Different fees and charges, or different rates or types of fee or charge, may be prescribed in respect of different classes or descriptions of agricultural compound, persons or businesses, operations, or other matters, or any combination of them.
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(4) Without limiting subsection (3), the fees and charges pre- scribed may— (a) (b) (c) (d) (e) differ depending on whether or not a special or urgent service is provided: include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places: differ for otherwise similar services provided in differ- ent ways: differ for otherwise similar services provided to differ- ent categories of person: differ depending on the amount of service required or the components of the service required for the particular person or class of person.
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(6) (5) Where regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notified for these components by the Director-General by notice in the Gazette. The Minister may not recommend the making of regulations under this section unless satisfied that, to the extent appropriate in the circumstances, the requirements of sections 81 and 81B have been met.
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Section 81D: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 81E Regulations may impose levies (1) Regulations may be made under this Act, on the recommenda- tion of the Minister, prescribing levies for the purposes of this Act.
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(2) Different levies or rates of levy or bases on which an amount of levy is to be calculated or ascertained may be prescribed for different purposes, and different levies or rates of levy or bases 82 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 81E for calculation may be set for different classes or descriptions of agricultural compound, persons or businesses, operations, or other matters, or any combination of them.
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(3) Without limiting the generality of subsection (1), regulations imposing levies may— (a) (b) (c) (d) (e) (f) specify when and how any levy is to be paid: require that any levy, or estimated amount of levy, be paid in advance of performance of the services or func- tions to which it relates: specify persons, other than persons primarily respon- sible for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service: require, or empower the Director-General to require, the provision of information and returns in relation to levies: require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to those trust accounts: prescribe a method of arbitration or mediation in the case of disputes as to— (i) whether or not any person is required to pay, or collect, the levy concerned; or the amount of levy any person is required to pay or collect: (ii) (4) (g) provide for related matters, including procedures and remuneration for arbitrators or mediators.
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The Minister may not recommend the making of regulations under this section unless satisfied that, to the extent appropriate in the circumstances, the requirements of sections 81 and 81B have been met. Section 81E: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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83 Part 7 s 81F Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 81F Trust accounts required to be kept by persons collecting (1) levies If regulations made under section 81E require the operation of a trust account for any levy money by the person responsible for collecting the levy,— (a) (b) (c) any amount held in such an account that is due to be paid to the Director-General by the levy collector is to be treated as levy money held on trust for the Director- General; and any amount so held on trust is not available for the pay- ment of any creditor (other than the Director-General) of the levy collector, and is not liable to be attached or taken in execution at the instance of any such creditor; and a person who ceases to be a person responsible for col- lecting a levy must continue to maintain the trust ac- count until all the levy money payable to the Director- General in respect of the period during which the person was responsible for collecting the levy has been paid.
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(2) Nothing in subsection (1)(c) affects any obligation or liability under this Act of any other person who has become responsible for collecting the levy concerned. Section 81F: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81G Other charges not requiring to be prescribed (1) Nothing in the cost recovery sections or in any other provision of this Act prevents the Director-General from requiring a rea- sonable charge to be paid for any of the services the Ministry provides in relation to the administration of this Act, or any actual and reasonable expenses incurred in providing the ser- vices, other than services in respect of which a fee or charge or levy is prescribed under these cost recovery sections.
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(2) Without limiting subsection (1), and for the avoidance of doubt, the Director-General may— (a) operate a telephone information service for which each caller pays according to their usage or on some averaged basis: 84 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 81I (b) (c) (d) (e) (f) charge persons for the cost of mailing, faxing, emailing, or couriering information to them: charge for the cost of written material, unless that ma- terial is required by an Act or by regulations made under this Act to be provided free of charge: charge for access to any website, or for information or services provided by any website, operated by the Min- istry: charge for access to any library or research services pro- vided in relation to matters pertaining to agricultural compounds, or associated things: charge any person for services provided in relation to a business importing, manufacturing, selling, or using agricultural compounds or otherwise under this Act.
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(3) All money received as a result of such charges received by the Ministry must be paid into the Departmental Bank Account. Section 81G: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81H Exemptions, waivers, and refunds (1) Regulations made under this Act may provide for exemptions from, or waivers or refunds of, any fee, levy, or charge payable under this Act, in whole or in part, in any particular case or class of case. (2) Any such regulations may authorise the Director-General to grant an exemption, waiver, or refund in any particular case or class of case.
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Section 81H: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 81I Fees, levies, and charges to constitute debt due to Director-General Any fee, levy, or charge that has become payable is a debt due to the Director-General, and is recoverable as a debt by the Director-General in any court of competent jurisdiction. Until paid in full, it remains a debt due to the Crown.
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Section 81I: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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85 Part 7 s 81J Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 81J Penalties for failure to pay fee, levy, or charge (1) If a person has failed to pay to the Director-General by the due date any fee, levy, or charge payable under this Act,— (a) (b) (c) section 14 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 applies to increase the amount payable; and section 15 of that Act applies to allow the Director-Gen- eral, in appropriate cases, to waive the payment of all or any of the amount of any such increase; and section 16 of that Act applies to allow the Director-Gen- eral to withdraw, or refuse to provide the person in de- fault with, any service of the kind to which the debt re- lates.
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(2) For the purposes of subsection (1)(c) of this section and section 16 of the Ministries of Agriculture and Forestry (Restructur- ing) Act 1997, and without limiting the generality of that sec- tion 16, the references in those provisions to the withdrawal or refusal to provide any service are to be treated as also author- ising the Director-General, in an appropriate case, to— (a) withhold or suspend any registration or approval under this Act, or refuse to perform any function under this Act in relation to the person in default: (b) withhold any certificate of compliance.
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(3) Where any registration or approval is suspended under subsec- tion (2)(a), no person may import, manufacture, or sell a trade name product or agricultural compound under the authority of that registration or approval.
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(4) Where the withholding, withdrawal, or suspension of any ap- proval or registration under this section requires the Director- General to provide any further service, or perform any further function involved in the withholding, withdrawal, or suspen- sion, the Director-General may recover any reasonable amount for the additional service, function, or costs as a debt due from the person in default.
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Section 81J: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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86 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 7 s 81L 81K Obligation to pay fee, levy, or charge not suspended by dispute The obligation of a person to pay any fee, levy, or charge under this Act (including any penalty referred to in section 81J), and the right of the Director-General to receive and recover the fee, levy, charge, or penalty, are not suspended by any dispute be- tween the person and the Director-General regarding the per- son’s liability to pay the fee, levy, or charge, or the amount of the fee, levy, or charge.
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Section 81K: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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81L Levy regulations to be confirmed (1) Where regulations imposing a levy have been made under the cost recovery sections on or after 1 January in any year and before 1 July in that year, and— (a) have not been revoked with effect on or before 1 July in the next year; and have not ceased, and will not cease, to have effect on or before 1 July in the next year by virtue of the Regula- tions (Disallowance) Act 1989,— (b) they are to be treated as having been revoked with the close of 30 June in that next year unless confirmed by an Act of Parliament passed on or before that day.
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(2) Where any regulations imposing a levy have been made under the cost recovery sections after 30 June in any year and on or before 31 December in that year, and— (a) (b) have not been revoked with effect on or before 1 January in the year after the next year; and have not ceased, and will not cease, to have effect on or before 1 January in the year after the next year by virtue of the Regulations (Disallowance) Act 1989,— they are to be treated as having been revoked with the close of 31 December in the year after the year in which they were made, unless confirmed by an Act of Parliament passed on or before that day.
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Section 81L: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 87 Part 7 s 82 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Prohibition of importation or manufacture by registrant for non-payment of fees [Repealed] Section 82: repealed, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Debt due to the Crown [Repealed] Section 83: repealed, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Amendments, repeals, and revocations Heading: inserted, on 18 October 2007, by section 52 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Amendment of Schedule 1 The Governor-General 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.
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Part 8 Transitional provisions [Repealed] Part 8: repealed, on 18 October 2007, by section 53 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). General [Repealed] Heading: repealed, on 18 October 2007, by section 53 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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82 83 84 85 86 (1) (2) 88 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 92 87 88 89 90 91 92 Interpretation [Repealed] Section 87: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Regulations relating to transitional provisions [Repealed] Section 88: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Transitional provisions for certain agricultural compounds in use at commencement of Act [Repealed] Section 89: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Transitional provisions for inspectors [Repealed] Section 90: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Application for registration made before commencement of Act [Repealed] Section 91: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Continuation of registration [Repealed] Section 92: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Animal remedies [Repealed] Heading: repealed, on 18 October 2007, by section 53 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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89 Part 8 s 93 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 93 94 95 96 97 98 99 Applications for licences made before commencement of Act [Repealed] Section 93: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Continuation of licences [Repealed] Section 94: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Exemption from Act [Repealed] Section 95: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Continuation of Animal Remedies Board [Repealed] Section 96: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Registrar of Animal Remedies [Repealed] Section 97: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Prescription animal remedies [Repealed] Section 98: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Labelling [Repealed] Section 99: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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100 Containers for animal remedies [Repealed] Section 100: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 90 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 108 101 Warranties [Repealed] Section 101: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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102 Advertisements [Repealed] Section 102: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 103 Register of licences [Repealed] Section 103: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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104 Correction of errors [Repealed] Section 104: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 105 Loss or destruction of licence [Repealed] Section 105: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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106 Reissue of licence [Repealed] Section 106: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 107 Revocation or suspension of licences [Repealed] Section 107: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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108 Variation of particulars [Repealed] Section 108: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 91 Part 8 s 109 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 109 Information protected under Part 2A of Animal Remedies Act 1967 [Repealed] Section 109: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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110 Regulations to continue to apply [Repealed] Section 110: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 111 Transfer of assets of Animal Remedies Board [Repealed] Section 111: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Pesticides [Repealed] Heading: repealed, on 18 October 2007, by section 53 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 112 Application of sections 113 to 122 [Repealed] Section 112: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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113 Continuation of sale and use of pesticide [Repealed] Section 113: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 114 Registration subject to restricted use [Repealed] Section 114: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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115 Experimental use permits [Repealed] Section 115: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 92 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 8 s 122 116 Labelling [Repealed] Section 116: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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117 Advertisements [Repealed] Section 117: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 118 Review of registration [Repealed] Section 118: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
Gender Based violence- Violence Against Women
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https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf
119 Warranties [Repealed] Section 119: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 120 Pesticides register [Repealed] Section 120: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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121 Information protected under Part 2A of Pesticides Act 1979 [Repealed] Section 121: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 122 Regulations to continue to apply [Repealed] Section 122: repealed, on 18 October 2007, by section 53 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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93 Schedule 1 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Schedule 1 Search warrant Section 69 Agricultural Compounds and Veterinary Medicines Act 1997 s 69 To every constable or [full name], an ACVM officer or [full name] constable I am satisfied on an application in writing made on oath by [full name], an ACVM officer under the Agricultural Compounds and Vet- erinary Medicines Act 1997 that there is reasonable ground for be- lieving 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 Com- pounds 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 Veterinary Medicines Act 1997; or that is intended to be used for the commission of an offence against the Agricultural Compounds and Veterinary Medicines Act 1997.
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