Part 3Regulated control schemes
41Emergency control schemes
The Minister may, by order, institute emergency control schemes if, in the opinion of the Minister,—
- an emergency or urgent situation has arisen involving risk to—
- human or animal health; or
- the integrity or reputation of New Zealand exports of animal material or products; or
- overseas market access for New Zealand exports of animal material or products; and
- human or animal health; or
- it is not practicable in the circumstances of the particular case, in time to deal with the situation, to—
- 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
- otherwise effectively alleviate or minimise the relevant risk.
- 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
Any such order may contain any matter that could be included in regulations made under section 40 or a supplementary notice.
Any such order must as soon as practicable be—
-
- to the extent practicable, brought to the attention of all persons likely to be affected by it.
-
A Ministerial order under this section—
- 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
- 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). 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.
In the case of inconsistency between a Ministerial order under this section and any other regulated control scheme, the Ministerial order prevails.
A Ministerial order may be amended
in the same manner as it was made.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.
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
- an order under this section:
- 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).