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Animal Products Act 1999

Officers, powers, etc - Powers of animal product officers

88: Power to examine, etc

You could also call this:

"Checking if people follow animal product rules"

If you are an animal product officer, you can enter certain places under section 87(1) to check if people are following the rules. You can examine things, open containers, and inspect their contents. You can also look at documents and records, including ones on computers, to check if people are doing what they should be doing under this Act. You might need to take samples of animal products or materials to test them.

You can use reasonable means to identify what something is, and you can mark or label things to keep track of them. If you need help, you can ask someone to assist you, but they must follow your instructions. Some rules from the Search and Surveillance Act 2012 also apply when you are exercising your powers.

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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=DLM35228.

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87: Power of entry, or

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

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89: Power to interrupt operations, etc, or

"Animal product officers can stop your work to check you're following the rules"

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

88Power to examine, etc

  1. An animal product officer may, so far as is reasonably necessary for the purpose of determining compliance with this Act at any place that the officer may enter under section 87(1),—

  2. examine all things, and open containers, packages, and other things to inspect their contents:
    1. examine, inquire about, and copy any documents or other records (including records held in electronic or other form) relating to the obligations and duties under this Act, and for this purpose may—
      1. remove documents or records to another place for the purpose of copying them, or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the officer; and
        1. require a person who has control of or knowledge of the documents or records to reproduce or assist in reproducing in usable form information recorded or stored in a computer or other device or system:
        2. use or require the use of any reasonable means to identify the kind or description of any animal material, animal product, equipment, package, container, or other relevant thing:
          1. identify or mark any animal material, animal product, equipment, package, container, or other relevant thing:
            1. take samples of any animal material (or take whole animals, in appropriate cases) or animal product, or any other input, substance, or thing which has been, is, or may be in contact with or in the vicinity of any animal material or animal product, and test or analyse or arrange for the testing or analysis of such samples:
              1. direct the operator or person in charge of the place to identify and hold any animal material, animal product, substance, equipment, package, container, or other relevant thing until—
                1. the results of tests and analysis have been assessed; or
                  1. any lawful direction of an animal product officer has been complied with.

                  2. The provisions of Part 4 of the Search and Surveillance Act 2012 (other than subparts 2, 3, and 8, and sections 118 and 119) apply in respect of the exercise of powers under subsection (1)(a) or (b).

                  3. An animal product officer may call on any person to assist him or her in the exercise of his or her powers under this section (other than under subsection (1)(a) or (b)). Any such person may act only under the supervision and in accordance with the instructions of the animal product officer.

                  Notes
                  • Section 88(1)(b)(i): amended, on , by section 20 of the Animal Products Amendment Act 2005 (2005 No 26).
                  • Section 88(2): replaced, on , by section 191(1) of the Search and Surveillance Act 2012 (2012 No 24).
                  • Section 88(3): amended, on , by section 191(2) of the Search and Surveillance Act 2012 (2012 No 24).