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Animal Welfare Act 1999

Use of animals in research, testing, and teaching - Codes of ethical conduct

96: Amendment, suspension, or revocation

You could also call this:

"Changing or cancelling animal research rules"

The Director-General looks at applications to change a code of ethical conduct. You can find more information about this in section 95. The Director-General thinks about whether the code is still suitable for what the code holder is doing. They also consider if new scientific discoveries mean the code should be changed.

The Director-General talks to people about the proposed changes, as required by section 95(3). The Director-General can stop or cancel a code of ethical conduct if they think the code holder is no longer doing research or teaching. This can happen if the code holder has been convicted of an offence against certain laws, such as the Agricultural Compounds and Veterinary Medicines Act 1997, the Biosecurity Act 1993, or the Veterinarians Act 2005.

The Director-General can also stop or cancel a code if the code holder no longer has the skills to do research or teaching, or if they have not followed the rules. Before making a decision, the Director-General usually talks to the code holder and the National Animal Ethics Advisory Committee. If the Director-General decides to stop or cancel a code, they tell everyone by publishing a notice in the Gazette. If they say no to a change, they tell the person who asked and explain why.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51219.

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95: Application for amendment, suspension, or revocation of code of ethical conduct, or

"Asking to change or cancel animal care rules"

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Part 6Use of animals in research, testing, and teaching
Codes of ethical conduct

96Amendment, suspension, or revocation

  1. The Director-General must, in considering any application under section 95 for approval to the amendment to a code of ethical conduct, consider—

  2. whether the current provisions of the code of ethical conduct are appropriate to the activities of the code holder; and
    1. whether scientific developments make it appropriate for the code of ethical conduct to be amended; and
      1. the consultation conducted under section 95(3).

        1. The Director-General may, whether or not an application is made under section 95, suspend or revoke the approval of a code of ethical conduct if the Director-General believes, on reasonable grounds, that the code holder—

        2. is no longer carrying out research, testing, or teaching or no longer wishes to enable research, testing, or teaching to be carried out by another person; or
          1. has been convicted of an offence against—
            1. this Act; or
              1. the Animals Protection Act 1960; or
                1. the Agricultural Compounds and Veterinary Medicines Act 1997; or
                  1. the Biosecurity Act 1993; or
                    1. the Companies Act 1993; or
                      1. the Crimes Act 1961; or
                        1. the Dog Control Act 1996; or
                          1. the Serious Fraud Office Act 1990; or
                            1. the Trade in Endangered Species Act 1989; or
                              1. the Veterinarians Act 2005; or
                                1. any Act that was replaced by any of the Acts specified in subparagraphs (ii) to (x); or
                                  1. any Act passed in substitution for any of the Acts specified in subparagraphs (iii) to (x); or
                                  2. no longer has the capability and skills necessary to carry out research, testing, or teaching or to enable research, testing, or teaching to be carried out by another person; or
                                    1. has failed to comply in a material respect with this Act or any regulations made under this Act or the code of ethical conduct; or
                                      1. has provided in or with the code holder's application under section 87 information that was false in a material respect.

                                        1. Except where a code holder applies under section 95(1) for the suspension or revocation of the approval of a code of ethical conduct, the Director-General must, before revoking or suspending the approval of a code of ethical conduct, give the code holder an opportunity to be heard and must consult with the National Animal Ethics Advisory Committee with regard to the proposed revocation or suspension of the code of ethical conduct.

                                        2. Where the Director-General decides to approve the suspension or revocation of the approval of a code of ethical conduct, the Director-General must publish a notice of the decision in the Gazette.

                                        3. Where the Director-General refuses to approve an amendment to a code of ethical conduct, the Director-General must give the applicant written notice of—

                                        4. the refusal; and
                                          1. the reasons for the refusal.

                                            Notes
                                            • Section 96(2)(a): amended, on , by section 40(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                                            • Section 96(2)(b)(x): amended, on , by section 105 of the Veterinarians Act 2005 (2005 No 126).
                                            • Section 96(2)(c): amended, on , by section 40(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).