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Animal Products Act 1999

Miscellaneous provisions - Consultation, notification, etc

165A: Directions, etc, to non-Ministry persons with functions under Act

You could also call this:

"Directions to people who work with animal products but are not Ministry staff"

The Director-General can give you notices, directions, or instructions if you have jobs to do under the Animal Products Act 1999. You might get these notices directly or through your employer. The Director-General must tell your employer about the notice if they give it to you directly.

If the Director-General gives the notice to your employer, it must clearly say who it is for. Your employer must then tell you about the notice as soon as they can. The Director-General can give notices to your employer if you are not a Ministry employee.

The Director-General can decide how long it takes to give you a notice, usually within 7 days. They can also agree with your employer on a different time frame for giving notices. In this case, your employer includes the company or people you work for, or the person in charge of the company.

However, if you are part of a recognised class, section 112W is used instead of this section. This means the rules in section 112W apply to you, not the rules in this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM36121.

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Part 11Miscellaneous provisions
Consultation, notification, etc

165ADirections, etc, to non-Ministry persons with functions under Act

  1. This section applies in the case where the Director-General wishes to issue any notice, direction, or instruction or otherwise communicate any requirement (a notification) to a person or body (the relevant person) who—

  2. has functions for the purposes of the administration of this Act, whether as a recognised person, recognised agency, official assessor, or otherwise; and
    1. is a person or body who is not a Ministry employee or officer or group of Ministry employees or officers.

      1. However, section 112W overrides this section if the relevant person is a member of a recognised class.

      2. Where the Director-General wishes to issue a notification to a relevant person, the Director-General may issue that notification—

      3. to the relevant person directly; or
        1. to the relevant person's employer.

          1. If the notification is issued to the relevant person directly, the Director-General must also, within a reasonable time, supply a copy of it to the relevant person's employer.

          2. If the notification is issued to the relevant person's employer,—

          3. the notification must clearly identify the relevant person or class of relevant persons the notification is intended for; and
            1. it is deemed to have been given to the relevant person or persons if given within a reasonable time before the notification is required to be acted upon; and
              1. the employer is under a duty to inform the relevant person, or all persons of the relevant class, of the content of the notification as soon as reasonably practicable having regard to the tenor of the notification.

                1. For the purposes of subsections (3) and (4), within a reasonable time means—

                2. within 7 days; or
                  1. within such greater or lesser period, or at such greater or lesser intervals in relation to groups of notifications, as may have been generally agreed between the Director-General and the employer, or notified by the Director-General to the employer, in respect of notifications of that kind.

                    1. In this section, employer, in relation to the relevant person, includes—

                    2. a director, partner, secretary, or other officer or official of a company or other body of which the relevant person is an employee:
                      1. a company or other body to whom the relevant person is contracted in relation to the person's functions for the purposes of this Act.

                        Notes
                        • Section 165A: inserted, on , by section 46 of the Animal Products Amendment Act 2002 (2002 No 29).
                        • Section 165A(1)(a): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
                        • Section 165A(1A): inserted, on , by section 15 of the Animal Products Amendment Act 2012 (2012 No 59).