Animal Welfare Act 1999

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

86: Revocation of approval

You could also call this:

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

The Director-General can cancel an approval at any time by sending a written notice to the person who got the approval under section 85(1). This can happen if the Director-General is satisfied that the use of the non-human hominid is no longer in its best interests or the interests of its species. The Director-General can also cancel the approval if the benefits of using the non-human hominid are outweighed by the harm it may cause, or if any conditions of the approval are not being met.

The Director-General can cancel the approval if the person who got it is not following the rules, or if they are no longer doing research, testing, or teaching. The approval can also be cancelled if the person has been convicted of a crime, no longer has the skills to do the work, or has not followed the law or ethical codes. If the person gave false information when they applied for the approval, the Director-General can cancel it.

Before cancelling the approval, the Director-General must give the person a chance to explain their side of the story.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51207.


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85: Restrictions on use of non-human hominids, or

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


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87: Codes of ethical conduct, or

"Rules for using animals in research, testing, or teaching"

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

86Revocation of approval

  1. The Director-General may at any time, by notice in writing to the person to whom an approval under section 85(1) was given, revoke that approval if the Director-General is satisfied,—

  2. where the approval was given in accordance with section 85(5)(a), that the use of the non-human hominid in the research, testing, or teaching is no longer in the best interests of the non-human hominid; or
    1. where the approval was given in accordance with section 85(5)(b), that the use of the non-human hominid in the research, testing, or teaching is no longer in the interests of the species to which the non-human hominid belongs; or
      1. where the approval was given in accordance with section 85(5)(b), that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching (being benefits of the kind described in section 80(1)(b)) are outweighed by the likely harm to the non-human hominid; or
        1. that any condition of the approval is not being complied with; or
          1. that the person to whom the approval was granted—
            1. is no longer carrying out research, testing, or teaching; or
              1. has been convicted of an offence against any Act specified in section 96(2)(b); or
                1. no longer has the capability and skills to carry out research, testing, or teaching; or
                  1. has failed to comply in a material respect with this Act or any regulations made under this Act or any code of ethical conduct; or
                    1. has provided in that person's application for the approval information that was false in a material respect.
                    2. The Director-General must, before revoking the approval, give the person to whom the approval was given, an opportunity to be heard.