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Animal Welfare Act 1999

Savings provisions

Schedule 2: Provisions applying in respect of accreditation and accredited reviewers

You could also call this:

"Rules for becoming and being an animal welfare reviewer"

When you apply to be an accredited reviewer under the Animal Welfare Act 1999, the Director-General decides if you can be accredited. If you are accredited, the Director-General gives you a notice that says who you are, what conditions you must follow, and how long your accreditation lasts. You can find more information about applying for accreditation under section 109.

The Director-General can withdraw your accreditation if you do not follow the conditions or if you are not a fit and proper person to be an accredited reviewer. You can also surrender your accreditation by giving the Director-General written notice. The Director-General keeps a list of accredited reviewers, which you can look at for free or get a copy of for a fee.

The Director-General can check how you are doing your job as an accredited reviewer at any time. This is called an audit. The Director-General can look at your records and ask you to show them any documents they need to see. You can find more information about what the Director-General can do during an audit under section 105. Accredited reviewers must pay a fee, which can be annual or at longer intervals, and failure to pay can result in accreditation being withdrawn under clause 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51995.

Topics:
Environment and resources > Farming and fishingHealth and wellbeing > Public health
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Schedule 1: Provisions applying in respect of National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee, or

"Rules for the National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee"

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Schedule 3: Agencies authorised to use animals in protecting human health or safety or enforcing the law, or

"Agencies allowed to use animals to keep people safe or enforce the law"

2Provisions applying in respect of accreditation and accredited reviewers Empowered by s 113

1Grant of accreditation

  1. Where the Director-General decides to grant an application under section 109, the Director-General must supply to the successful applicant a notice of accreditation that specifies—

  2. the full name and address of the person accredited; and
    1. any conditions applying under clause 3; and
      1. the duration of the accreditation.

        1. The Director-General may specify in any terms of accreditation that the accreditation is to have effect indefinitely or for a stated period or until a stated date.

        2. Every grant of accreditation—

        3. comes into force on the date specified in the notice of accreditation; and
          1. continues in force until—
            1. it is withdrawn under clause 5; or
              1. it is surrendered under clause 6; or
                1. in the case of accreditation granted for a stated period or until a stated date, the expiry of that period or the passing of that date.

                2Refusal to grant accreditation

                1. If the Director-General proposes to refuse to grant an application under section 109, the Director-General must give the applicant—

                2. a notice containing such particulars as will clearly inform the applicant of the substance of the grounds on which the Director-General proposes to refuse to accredit the applicant; and
                  1. a copy of any information on which the Director-General relies in proposing to refuse to grant accreditation; and
                    1. a reasonable opportunity to make written submissions or be heard in respect of the matter.

                      1. Where the Director-General finally decides to refuse to grant an application under section 109, the Director-General must, as soon as practicable, notify that fact to the applicant in writing, giving reasons.

                      3Conditions of accreditation

                      1. An accreditation under section 109 may be subject to such conditions as the Director-General thinks fit and specifies in the notice of accreditation.

                      2. The Director-General may at any time, by written notice to an accredited reviewer, revoke, amend, or add to any conditions imposed under subclause (1).

                      3. Except where any variation to the conditions of accreditation is made on the application of the accredited reviewer and in accordance with the terms of that application, the Director-General may not vary any condition of accreditation imposed under this clause without (to the extent practicable in the circumstances of the variation proposed) first giving the affected person a reasonable opportunity to make written submissions to or be heard by the Director-General in relation to the matter.

                      4Accreditation fee

                      1. Every accredited person is liable to pay any accreditation fee prescribed.

                      2. The accreditation fee prescribed may be an annual accreditation fee or a fee prescribed as payable at such greater intervals as are set out in the regulations.

                      3. Any failure to pay the appropriate fee by the due date, being a failure that persists for more than 30 days, may result in the accreditation being withdrawn under clause 5.

                      5Withdrawal of accreditation

                      1. The Director-General may at any time, by notice in writing to an accredited reviewer, withdraw his or her accreditation if satisfied—

                      2. that the person is not a fit and proper person to carry out independent reviews under section 105; or
                        1. that the person has failed to comply with any term or condition of the accreditation; or
                          1. that the person has contravened, or failed to comply with, any requirement of this Act in any particular that, in the opinion of the Director-General, casts doubt on the person's fitness or competency to carry out independent reviews under section 105.

                            1. The Director-General may not withdraw accreditation unless he or she has first given the person concerned an opportunity to be heard.

                            2. Where accreditation is withdrawn under this clause, the person whose accreditation is withdrawn must, as soon as practicable,—

                            3. surrender to the Director-General his or her notice of accreditation; and
                              1. take all reasonable steps to notify the fact of the withdrawal of accreditation to each person who was a client of the person (in that person's capacity as an accredited reviewer) immediately before the withdrawal.

                                6Surrender of accreditation

                                1. An accredited reviewer may at any time surrender his or her accreditation by notice in writing to that effect to the Director-General.

                                2. A surrender takes effect on the expiry of 3 months after the date of the receipt of the notice by the Director-General, or on such earlier date as the Director-General may approve.

                                3. On or before the surrender takes effect, the accredited reviewer must send his or her notice of accreditation to the Director-General.

                                7Substituted notice of accreditation

                                1. The Director-General may, if he or she thinks fit, and on payment of the prescribed fee (if any), cancel an existing notice of accreditation granted under clause 1, and issue a new notice in substitution for it,—

                                2. if the terms or conditions of the accreditation are to be or have been varied under clause 3; or
                                  1. if the existing notice has become disfigured or dilapidated, or contains a mistake, or if the Director-General is satisfied that the existing notice has been lost or destroyed.

                                    8List of accredited reviewers

                                    1. The Director-General must cause to be kept and maintained a list of accredited reviewers.

                                    2. The Director-General must—

                                    3. make the list available for public inspection, without fee, at reasonable hours at the head office of the Ministry at Wellington; and
                                      1. supply to any person, on request and on payment of the prescribed fee (if any), a copy of that list.

                                        1. The list may be kept in such manner as the Director-General thinks fit, including, either wholly or partly, by means of a device or facility—

                                        2. that records or stores information electronically or by other means; and
                                          1. that permits the information so recorded to be readily inspected or reproduced in usable form; and
                                            1. that permits the information to be accessed by electronic means, including (without limitation) by means of remote log on access.

                                              9Audit of accredited reviewers

                                              1. The Director-General may from time to time audit the manner in which an accredited reviewer is performing his or her duties.

                                              2. For the purposes of an audit under subclause (1), the Director-General is entitled, at any convenient time,—

                                              3. to have full access to all books and records in the possession or under the control of the accredited reviewer (being books and records kept for the purposes of an independent review under section 105), and to any place where any such books or records are kept:
                                                1. to examine or audit any books or records of the kind specified in paragraph (a):
                                                  1. to require any accredited reviewer to produce for inspection within a reasonable period specified by the Director-General any books or records of the kind specified in paragraph (a), and to take copies of, or extracts from, any such books or records.