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Animal Products Act 1999

Offences, penalties, and proceedings - Compliance orders

151: Interim compliance orders

You could also call this:

"A judge can make a temporary rule to keep people or animals safe before a final decision is made."

If a District Court Judge thinks it is necessary, they can make an interim compliance order without telling the person involved first and without holding a hearing, as stated in section 148. Before making this order, the Judge must think about whether not making the order could harm humans or animals, or affect New Zealand's exports. The Judge must also consider whether they should listen to the person applying for the order or the person the order is against.

The Judge will tell someone to give a copy of the interim compliance order to the person it affects. This order starts when it is given to the person, or on a later date stated in the order. It stays in force until the application for a compliance order is decided, or until it is cancelled under section 147 or section 152.

If an interim compliance order is made without the person being heard, they can ask a District Court Judge to change or cancel the order. The Judge will then listen to both the person who asked for the order and the person it affects, and can decide to confirm, change, or cancel the interim compliance order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35779.

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150: Decision on application, or

"The court decides whether to approve or reject your application for a compliance order."

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152: Change or cancellation of compliance order, or

"You can ask a court to change or cancel an order that affects you, and they will decide what to do."

Part 10Offences, penalties, and proceedings
Compliance orders

151Interim compliance orders

  1. If a District Court Judge considers it necessary to do so, the Judge may make an interim compliance order without requiring service of notice in accordance with section 148 and without holding a hearing.

  2. Before making an interim compliance order, the Judge must consider—

  3. whether failure to make the order is likely—
    1. to endanger the health of humans or animals through the sale of the animal material or product concerned; or
      1. to prejudice the integrity or reputation of New Zealand exports of animal material or products, or the integrity of official assurances under this Act; and
      2. whether the court should hear the applicant or any person against whom the order is sought; and
        1. such other matters as the Judge thinks fit.

          1. The Judge must direct the applicant or another person to serve a copy of the interim compliance order on the person against whom the order is made.

          2. The interim compliance order—

          3. takes effect from when it is served, or on and from such later date as the order directs; and
            1. remains in force until the application under section 147 for a compliance order in respect of the same matter is determined, or until cancelled under subsection (5) of this section or under section 152.

              1. A person against whom an interim compliance order has been made without the person having been heard may apply to a District Court Judge to change or cancel the order, and, after hearing from that person and the applicant for the order, the Judge may confirm, change, or cancel the interim compliance order.