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Animal Products Act 1999

Miscellaneous provisions - Right of review

162: Right of review of certain decisions made under delegated authority

You could also call this:

"Checking a decision made under the Animal Products Act that you don't agree with"

If you are unhappy with a decision made by someone acting for the Director-General under the Animal Products Act 1999, you can ask for a review. You can ask for a review of decisions like refusing to register a risk management programme under section 23 or section 25, or suspending operations under a programme under section 27. The Director-General will look at your request and make a decision.

You need to ask for a review in writing and say why you think the original decision was wrong. You must ask for a review within 30 days of being told about the decision. The Director-General will review the decision within 60 days, or up to 90 days if they need more time. They might ask you for more information to help with the review.

The original decision still stands until the Director-General makes a new decision. The Director-General will tell you their decision in writing and explain why they made it. Their decision is final, unless a court says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM36111.

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Part 11Miscellaneous provisions
Right of review

162Right of review of certain decisions made under delegated authority

  1. This section applies to any of the following decisions made under this Act by a person acting under the delegated authority of the Director-General:

  2. a decision to refuse to register a risk management programme under section 23 or an amendment to a programme under section 25:
    1. a decision to suspend all or any operations under a risk management programme under section 27, or to deregister a programme under section 28, or to remove an animal product business or part of a business from coverage of a programme under section 28A:
          1. a decision to refuse to register a person as an exporter under section 56:
            1. a decision to deregister an exporter under section 58:
              1. a decision to refuse to list an operation as a game estate under section 65I, or to delist a game estate under section 65J:
                1. a decision to refuse an application to recognise an agency under section 101:
                  1. a decision to refuse an application to recognise a person under section 103:
                    1. a decision to refuse an application to recognise a class under section 105:
                      1. a decision to exclude any members, or categories of members, from the recognition of a class under section 105(5):
                        1. a decision to vary a condition of recognition under section 111, unless the variation is made on the application of the recognised agency, the recognised person, or a member of the recognised class in accordance with the terms of that application:
                          1. a decision to suspend, or to extend the suspension of, recognition of an agency, a person, or a class under section 112J or 112K:
                            1. a decision to withdraw recognition of an agency, a person, or a class under section 112N or 112O:
                              1. any decision specified by the regulations as a decision that is subject to review under this section.

                                1. A person who is dissatisfied with any such decision may seek a review of the decision by the Director-General.

                                2. An application for a review must—

                                3. be in writing; and
                                  1. state the grounds on which it is believed that the original decision was inappropriate; and
                                    1. be provided to the Director-General within 30 days after the original decision was notified to the applicant.

                                      1. The Director-General may conduct the review personally or designate another person who was not involved in the original decision to conduct the review.

                                      2. The Director-General or designated person must review the matter within 60 days, or within such extended period not exceeding a further 30 days as the Director-General or designated person may specify by notice in writing to the applicant.

                                      3. For the purposes of a review, the Director-General or designated person may require the applicant to supply information additional to that contained in the application for review within a specified time. The time taken to supply any such information (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits specified in subsection (4).

                                      4. The decision sought to be reviewed remains valid unless and until altered by the Director-General or designated person.

                                      5. The Director-General or designated person must, as soon as practicable, notify the applicant for review of his or her decision on the review in writing, giving reasons for the decision.

                                      6. A decision by the Director-General or a designated person under this section is final, unless determined otherwise by a court of law of competent jurisdiction.

                                      Notes
                                      • Section 162(1): amended, on , by section 14(1) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(b): substituted, on , by section 45(1) of the Animal Products Amendment Act 2002 (2002 No 29).
                                      • Section 162(1)(b): amended, on , by section 159(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(1)(c): repealed, on , by section 14(2) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(d): repealed, on , by section 14(2) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(f): amended, on , by section 159(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(1)(g): added, on , by section 45(2) of the Animal Products Amendment Act 2002 (2002 No 29).
                                      • Section 162(1)(h): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(i): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(j): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(k): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(l): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(m): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(n): inserted, on , by section 14(3) of the Animal Products Amendment Act 2012 (2012 No 59).
                                      • Section 162(1)(o): inserted, on , by section 159(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(2): amended, on , by section 159(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(3A): inserted, on , by section 159(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(4): amended, on , by section 159(6) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 162(8): amended, on , by section 159(7) of the Food Safety Law Reform Act 2018 (2018 No 3).