Animal Welfare Act 1999

Use of animals in research, testing, and teaching - Restrictions

85: Restrictions on use of non-human hominids

You could also call this:

"Rules for using animals like apes and monkeys for research or teaching"

If you want to use a non-human hominid for research, testing, or teaching, you must get approval from the Director-General first. The Director-General will only give approval if they think it is in the best interests of the non-human hominid or if it will help the species and not harm the non-human hominid too much. You must follow any conditions the Director-General sets when giving approval.

The Director-General can change or cancel these conditions at any time, and they must check with the National Animal Ethics Advisory Committee before making any decisions. The Director-General will also keep an eye on any research, testing, or teaching that involves non-human hominids to make sure it is being done correctly.

If you do not follow the rules, you can commit an offence, but some other rules in the law, such as those in sections 82 to 84, do not apply to non-human hominids.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51206.


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84A: Prohibition on use of animals in research, testing, and teaching for making cosmetic, or

"No animal testing for cosmetics"


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86: Revocation of approval, or

"The Director-General can cancel an approval if it's not in the best interests of an animal."

Part 6Use of animals in research, testing, and teaching
Restrictions

85Restrictions on use of non-human hominids

  1. No person may carry out any research, testing, or teaching involving the use of a non-human hominid unless such use has first been approved by the Director-General and the research, testing, or teaching is carried out in accordance with any conditions imposed by the Director-General.

  2. The Director-General may, in giving approval under subsection (1), impose, as conditions of that approval, such conditions as the Director-General thinks fit.

  3. The Director-General may from time to time, by notice in writing to any person holding an approval under subsection (1),—

  4. revoke any condition of that approval:
    1. revoke any condition of that approval, and impose another condition in its place:
      1. amend any condition of that approval.
        1. The Director-General must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred by subsection (1) or subsection (2) or subsection (3).

        2. The Director-General must not give approval under subsection (1) unless he or she is satisfied—

        3. that the use of the non-human hominid in the research, testing, or teaching is in the best interests of the non-human hominid; or
          1. that the use of the non-human hominid in the research, testing, or teaching is in the interests of the species to which the non-human hominid belongs and that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching are not outweighed by the likely harm to the non-human hominid.
            1. The Director-General must monitor the carrying out of any research, testing, or teaching to which an approval given under subsection (1) relates.

            2. A person commits an offence who contravenes subsection (1).

            3. Nothing in sections 82 to 84 applies in relation to research, testing, or teaching that involves the use of a non-human hominid.