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Animal Products Act 1999

Offences, penalties, and proceedings - Compliance orders

152: Change or cancellation of compliance order

You could also call this:

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

If a compliance order affects you, you can apply to a District Court to change or cancel it. You must apply in the manner set out in rules made under section 157. You have to follow the rules to make an application.

You must tell the Director-General and any other person affected by the original order about your application within 5 working days. You have to serve notice of the application in the manner set out in the rules.

The court will listen to you, the Director-General, and anyone else affected by the original order who wants to be heard. Then the court will decide whether to change or cancel the compliance order, or refuse your application. The court can choose to change or cancel the order, or it can refuse your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35780.

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151: Interim compliance orders, or

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

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153: Compliance with compliance order, or

"Following the rules of a compliance order and paying for the costs of doing so"

Part 10Offences, penalties, and proceedings
Compliance orders

152Change or cancellation of compliance order

  1. Without limiting section 151(5), any person directly affected by a compliance order may apply to a District Court in the manner set out in rules made under section 157 to change or cancel the order.

  2. The applicant must, within 5 working days after making the application, serve notice of the application in the manner set out in the rules on the Director-General and on any other person (outside the Ministry) who was directly affected by the original order.

  3. Before deciding an application to change or cancel a compliance order, the court must hear the applicant, the Director-General, and any person directly affected by the original compliance order who wishes to be heard.

  4. After considering the application, the court may—

  5. change or cancel the compliance order; or
    1. refuse the application.

      Notes
      • Section 152(1): amended, on , by section 156(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
      • Section 152(2): amended, on , by section 156(2) of the Food Safety Law Reform Act 2018 (2018 No 3).