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Animal Products Act 1999

Offences, penalties, and proceedings - Compliance orders

146: Compliance orders

You could also call this:

"Orders to follow the Animal Products Act and protect people and animals"

If the District Court makes a compliance order, it can tell you to stop doing something that goes against the Animal Products Act. The court thinks you might be doing something that could harm humans or animals, or hurt New Zealand's reputation for exporting animal products. The court wants to protect people and animals.

The court can also tell you to fix any problems you have caused. You might have to do something to stop a problem from getting worse, or to make it better. This could include paying the government back for any money they spent to fix the problem.

A compliance order can include conditions like providing security or promising to do what the court says. If the court decides, the order can also apply to anyone who takes over from you, like if you sell your business. The court can make you pay for things like investigations or actions to fix the problem, which are called actual and reasonable costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35774.

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"Getting a charging document for breaking animal product rules"

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147: Application for compliance order, or

"Asking a court to make someone follow the animal products rules"

Part 10Offences, penalties, and proceedings
Compliance orders

146Compliance orders

  1. A compliance order is an order made by the District Court that may do any 1 or more of the following things:

  2. require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the court, contravenes or is likely to contravene this Act or any requirement imposed by or under this Act, and thus—
    1. is likely to endanger the health of humans or animals through the sale of defective or non-complying animal material or product; or
      1. is likely to prejudice the integrity or reputation of New Zealand exports of animal material or products, or the integrity of official assurances given under this Act:
      2. require a person to remedy or mitigate any adverse effect arising from any action or matter that may be the subject of an order under paragraph (a):
        1. require a person to do something that, in the opinion of the court, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect arising from any action or matter that may be the subject of an order under paragraph (a):
          1. require a person to pay money to or reimburse the Crown for any actual and reasonable costs and expenses that the Crown has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect arising from the failure of the person to comply with a compliance order earlier made against them under paragraph (a) or paragraph (b) or paragraph (c).

            1. For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the relevant situation, and the costs of any actions required to avoid, remedy, or mitigate the relevant adverse effect.

            2. A compliance order may be made on such terms and conditions as the court thinks fit, including the provision of security or the entry into a bond for performance.

            3. If the court so orders, a compliance order applies to the personal representatives, successors, and assigns of the person to whom the order is addressed to the same extent that it applies to the person.

            Notes
            • Section 146(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).