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Animal Products Act 1999

Officers, powers, etc - Powers of animal product officers

87: Power of entry

You could also call this:

"Animal product officers can enter certain places to check if rules are being followed"

An animal product officer can enter some places to check if people are following the rules. You might wonder what kinds of places they can enter - it includes farms, food shops, and other businesses that handle animal products. They can also enter places where records are kept.

If an animal product officer thinks someone's health might be at risk, they can enter a place near where shellfish are grown or harvested. They do this to check for things that might make people sick. They can enter these places without a special warrant, which is like a permission slip.

But if they need to enter a home or a marae, they must get a search warrant first, which they can get under section 94. Some rules from the Search and Surveillance Act 2012 also apply to what animal product officers can do, which you can read about in subpart 1, 4, 7, 9, and 10. These rules help keep everyone safe and make sure people follow the law.

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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=DLM35224.

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"Checking if people follow animal product rules"

Part 7Officers, powers, etc
Powers of animal product officers

87Power of entry

  1. An animal product officer may, for the purpose of determining whether or not any person is complying with this Act or any animal material or animal product or associated thing is in compliance with the requirements of this Act, without a warrant enter any place (other than a dwellinghouse or marae) at, in, or from which—

  2. any primary producer operates, or any animal product business that is subject to a risk management programme or a regulated control scheme or a food control plan that is also registered as a risk management programme is operated; or
    1. any kind of goods that is or includes animal material or product is processed for sale or sold; or
      1. any registered exporter operates; or
        1. any listed homekill or recreational catch service provider operates; or
          1. any recognised agency or recognised person operates; or
            1. the books or records, or other business information kept in writing or electronic form, of any such producer, business, service provider, recognised agency, recognised person, or exporter are kept.

              1. Where an animal product officer believes on reasonable grounds that it is necessary to do so for the purpose of preventing or minimising a risk to human health, the officer may enter any place (other than a dwellinghouse or marae) adjoining or in the vicinity of a place where shellfish grow or are harvested for the purpose of identifying, monitoring, sampling, or testing any element or thing that might constitute a potential contaminant to or in the shellfish.

              2. Repealed

              3. An animal product officer may, pursuant to and in accordance with the conditions of a search warrant issued under section 94, enter any place (including a dwellinghouse or a marae) specified in the warrant.

              4. The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply.

              5. Repealed
              Notes
              • Section 87(1): amended, on , by section 190(1) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 87(1)(a): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
              • Section 87(1)(b): amended, on , by section 37(1) of the Animal Products Amendment Act 2002 (2002 No 29).
              • Section 87(1)(e): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
              • Section 87(1)(f): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
              • Section 87(2): amended, on , by section 190(2) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 87(3): repealed, on , by section 190(3) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 87(4): amended, on , by section 190(4) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 87(5): replaced, on , by section 190(5) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 87(6): repealed, on , by section 190(5) of the Search and Surveillance Act 2012 (2012 No 24).