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Animal Products Act 1999

Miscellaneous provisions - Automated electronic systems

165B: Arrangement for system

You could also call this:

"The law allows a computer system to help make decisions about animal products, but you can still ask a person to review those decisions."

The Director-General can arrange for a computer system to do certain tasks that you or other people are allowed or required to do under the Animal Products Act 1999. This can include making decisions, carrying out tasks, or exercising powers, as long as the system can do these tasks reliably. The system can analyse information and apply rules set by the Director-General to make decisions.

The Director-General can only use the system if there is a way for you to have a decision reviewed by a person, such as the Director-General, an animal product officer, or an official assessor, without too much delay. The system can be used by the Director-General, animal product officers, official assessors, and people designated under section 65 to issue official assurances. The Director-General must talk to the Privacy Commissioner if the system will collect or use personal information.

The computer system can have parts outside New Zealand and the Director-General must be satisfied that it works reliably before using it. You can have a decision made by the system reviewed by a person if you are affected by the decision. The Director-General has to make sure the system is reliable and that you can get a review of a decision made by the system.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS19587.

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

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

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165C: Effect of use of system, or

"What happens when you use a computer system to follow the rules"

Part 11Miscellaneous provisions
Automated electronic systems

165BArrangement for system

  1. The Director-General may arrange for the use of an automated electronic system to do the actions described in subsection (2) that this Act or another enactment allows or requires the persons described in subsection (3) to do for the purposes of this Act.

  2. The actions are—

  3. exercising a power:
    1. carrying out a function:
      1. carrying out a duty:
        1. making a decision, including making a decision by—
          1. analysing information that a person described in subsection (3) holds or has access to about a person, goods, or craft; and
            1. applying criteria predetermined by the Director-General to the analysis:
            2. doing an action for the purpose of exercising a power, carrying out a function or duty, or making a decision:
              1. communicating the exercising of a power, carrying out of a function or duty, or making of a decision.

                1. The persons are—

                2. the Director-General:
                  1. animal product officers:
                    1. official assessors:
                      1. persons designated under section 65 to issue official assurances.

                        1. The Director-General may make an arrangement only if satisfied that—

                        2. the system has the capacity to do the action with reasonable reliability; and
                          1. a process is available under which a person affected by an action done by the system can have the action reviewed by a person described in subsection (3) without undue delay.

                            1. A system used in accordance with an arrangement may include components outside New Zealand.

                            2. The Director-General must consult the Privacy Commissioner about including in an arrangement actions that involve the collection or use of personal information.

                            Notes
                            • Section 165B: inserted, on , by section 162 of the Food Safety Law Reform Act 2018 (2018 No 3).