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Animal Products Act 1999

Officers, powers, etc - Powers of animal product officers

86B: Review of improvement notice

You could also call this:

"Checking if an improvement notice is fair"

If you get an improvement notice under section 86A, you can ask the Director-General to review the decision to give it to you. The Director-General will review it like they do for other certain decisions, following rules in section 162(2) to (8). The Director-General can also decide to review the improvement notice on their own, without you asking them to.

The Director-General can review the decision to give you the notice, and they will follow some rules, like section 162(3A), (4), (6), (7), and (8), as if you had asked for the review. When the Director-General reviews it on their own, they have 120 days from the date the notice was given to you, as stated in section 162(4).

You can have the decision to give you the improvement notice reviewed, and the Director-General will make a decision based on the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS19057.

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86A: Power to issue improvement notice, or

"When to get a notice to fix a problem with animal products"

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87: Power of entry, or

"Animal product officers can enter certain places to check if rules are being followed"

Part 7Officers, powers, etc
Powers of animal product officers

86BReview of improvement notice

  1. A person to whom an improvement notice is issued under section 86A may apply to the Director-General to have the decision to issue it reviewed.

  2. Section 162(2) to (8) applies in relation to the application and review as if the decision to issue the notice were a decision to which that section applies.

  3. The Director-General may initiate a review of a decision to issue an improvement notice on the Director-General’s own initiative and without an application for review being made.

  4. For the purposes of subsection (3), section 162(3A), (4), (6), (7), and (8) applies in relation to the review as if—

  5. the decision to issue the notice were a decision to which that section applies and the person to whom it was issued had applied for a review; and
    1. the maximum time allowed under section 162(4) were 120 days from the date on which the improvement notice was issued.

      Notes
      • Section 86B: inserted, on , by section 131 of the Food Safety Law Reform Act 2018 (2018 No 3).