Animal Products Act 1999

Regulated control schemes

41: Emergency control schemes

You could also call this:

"Rules to keep people and animals safe in an emergency"

The Minister can make emergency control schemes if there is a risk to human or animal health, or to New Zealand's exports. You might be affected by these schemes if you work with animal products. The Minister must talk to people who will be affected before making these schemes.

The Minister's order can include anything that could be in regulations made under section 40. You will be told about the order as soon as possible. The order takes effect on the day it is published under the Legislation Act 2019, unless you are given a copy earlier.

The order usually lasts for six months, but it can be extended for another six months. If there is a problem with an order and another regulated control scheme, the order is more important. The Minister can change or cancel an order, but they cannot ask someone else to do it for them. Orders under this section are secondary legislation, which means they have to be published, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34395.


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Part 3Regulated control schemes

41Emergency control schemes

  1. The Minister may, by order, institute emergency control schemes if, in the opinion of the Minister,—

  2. an emergency or urgent situation has arisen involving risk to—
    1. human or animal health; or
      1. the integrity or reputation of New Zealand exports of animal material or products; or
        1. overseas market access for New Zealand exports of animal material or products; and
        2. it is not practicable in the circumstances of the particular case, in time to deal with the situation, to—
          1. make or amend regulations under section 40 or issue or amend a supplementary notice or a notice referred to in section 38(2)(b); or
            1. otherwise effectively alleviate or minimise the relevant risk.
            2. Any such order may contain any matter that could be included in regulations made under section 40 or a supplementary notice.

            3. Any such order must as soon as practicable be—

              1. to the extent practicable, brought to the attention of all persons likely to be affected by it.
                1. Repealed
                2. A Ministerial order under this section—

                3. takes effect on such day as may be specified in the order (which may not be earlier than the day it is published under the Legislation Act 2019, except in the case of any person affected who has been supplied with a copy of the order at any earlier time); and
                  1. unless sooner revoked, expires at the end of 6 months after the date of its publication under the Legislation Act 2019, unless extended by the Minister by notice for a further period not exceeding 6 months (at the end of which period it expires).
                    1. Before making an order under this section, the Minister must ensure that such consultation as is reasonable and practicable in the circumstances has been undertaken, but section 163 does not apply to an order under this section.

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

                    3. A Ministerial order may be amended in the same manner as it was made.

                    4. Despite anything in clause 5 of Schedule 6 of the Public Service Act 2020, the Minister may not delegate to any other person the power to make orders under this section, or to extend or revoke such orders.

                    5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                    6. an order under this section:
                      1. a notice under subsection (5)(b).
                        Notes
                        • Section 41(1)(b)(i): replaced, on , by section 92(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 41(2): amended, on , by section 92(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 41(3)(a): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 41(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 41(5)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 41(5)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 41(8): amended, on , by section 92(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 41(9): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                        • Section 41(10): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).