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Animal Products Act 1999

Regulated control schemes

40: Regulations about regulated control schemes

You could also call this:

"Rules to keep people and animals safe, made by the Governor-General after the Minister recommends them"

The Governor-General can make rules about regulated control schemes if the Minister recommends it. You need to know the Minister can only recommend this if they think at least one of the circumstances in section 38(1) exists. The Minister must think about things like keeping consumers healthy and the best way to handle risks when deciding whether to recommend making these rules.

When the Minister is deciding, they must consider things like helping New Zealand products get into other markets and making sure our standards are similar to international ones. They also think about how much the scheme will cost, who will pay, and how it will affect consumers. The Minister wants to make sure the scheme is the best way to achieve its purpose and is cost-effective.

These rules are a type of law called secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019. You can find more information about this in the Legislation Act. The Minister's decisions are important for creating these rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34394.

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"Rules to Keep Animal Products Safe"

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Part 3Regulated control schemes

40Regulations about regulated control schemes

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing regulated control schemes.

  2. The Minister may not recommend the making of regulations under subsection (1) unless the Minister is satisfied that at least 1 of the circumstances set out in section 38(1) exists.

  3. In determining whether to recommend the making of regulations under subsection (1), the Minister must have regard to the following:

  4. the need to protect the health of consumers and users of animal products:
    1. the most effective way of handling the relevant risk factors:
      1. the desirability of facilitating market access:
        1. the desirability of maintaining consistency between New Zealand animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally:
          1. the relative costs of having the scheme or not having it, who bears the cost, and any positive and negative impacts on consumers and users:
            1. whether the scheme option proposed or selected is the most cost-effective way of achieving its prime purpose:
              1. any other matters the Minister considers relevant.

                1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 40: replaced, on , by section 91 of the Food Safety Law Reform Act 2018 (2018 No 3).
                • Section 40(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).