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Animal Products Act 1999

Miscellaneous provisions - Regulations, notices, etc

167: Notices

You could also call this:

"Notices: Official messages from the Director-General about rules and requirements"

The Director-General can issue notices to do things that this Act allows. You need to know that the Director-General can also issue notices to add more details to the regulations. The Director-General must make sure the notice is about details, procedures, or how to meet requirements.

The Director-General cannot issue a notice if it goes against what the Minister needs to be satisfied with before making regulations. A notice can apply to everyone or just some people, and it can have conditions or restrictions. You can find out more about what a notice is and how it is published by looking at Part 3 of the Legislation Act 2019.

If a notice is inconsistent with the regulations, the regulations are more important. The Director-General can issue a notice for special purposes, like for a particular person or section of the Act. Some notices may have effect even if they are not yet published, like those for the purposes of section 14.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM36133.

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Part 11Miscellaneous provisions
Regulations, notices, etc

167Notices

  1. The Director-General may issue notices under this subsection to do anything that a provision of this Act permits to be done by notice under this subsection.

  2. The Director-General may issue notices under this subsection to prescribe matters,—

  3. if a provision of this Act refers to regulations and supplementary notices (for example by requiring something to be done in accordance with regulations and any supplementary notice), to supplement those regulations; or
    1. if the regulations permit supplementary notices to be made to supplement provisions of the regulations, to supplement those provisions of the regulations.

      1. The Director-General must not issue a notice under subsection (2) unless satisfied that the notice—

      2. sets out matters of detail to elaborate on matters provided for in the regulations; or
        1. sets out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
          1. sets out how requirements imposed by the regulations may or must be met; or
            1. otherwise supplements matters of general principle set out in the regulations.

              1. If a provision of this Act requires the Minister to be satisfied of any matter before recommending the making of regulations, the Director-General may not issue a notice under subsection (2) to supplement those regulations unless the Director-General is satisfied of that matter.

              2. A notice may—

              3. apply generally, or in relation to any specified, or specified class of, animal materials, animal products, persons, businesses, activities, or other matters or things:
                1. make the same provision for all cases or different provisions for different cases or classes of case:
                  1. impose any conditions, restrictions, or prohibitions.

                    1. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice—

                    2. is issued for the purposes of section 14, 24, 50, 60B, 81A, or 112Y; and
                      1. applies only to a particular named person.

                        1. A notice for the purposes of section 14 that is secondary legislation may have effect in accordance with section 14(4) even if it is not yet published.

                        2. If a notice issued under this section is inconsistent with the regulations, the regulations prevail to the extent of the inconsistency.

                        Notes
                        • Section 167: replaced, on , by section 164 of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 167(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 167(6A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).