2Interpretation

1. In this Act, unless the context otherwise requires,—

   administer means administer to a human being, either—and every reference in this Act to administering a substance or article is a reference to administering it either in its existing state or after it has been dissolved or dispersed in, or diluted or mixed with, some substance in which it is to be administered

   1. orally or by injection or by introduction into the body in any other way; or
   2. by external application, whether by direct contact with the body or not;—

   advertisement has the meaning assigned to that term by section 56

   advertising material means material used or intended to be used as an advertisement

   analyst means—

   1. any person who is designated by the Minister by notice as the analyst in charge of an approved laboratory; or
   2. any person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an analyst for the purposes of this Act, either generally or in any particular case

   animal includes a bird, a fish, and a reptile; but does not include a human being

   animal food means any substance or article that—

   1. is manufactured or imported only as food for animals; and
   2. if sold or supplied in New Zealand, is so sold or supplied only as food for animals

   animal remedy or remedy means any drug, remedy, or therapeutic preparation, or any biochemical substance, which is manufactured, imported, or advertised for sale or is sold for any of the following purposes:but does not include any preparation, substance, or product which is used primarily as a food for animals

   1. curing, diagnosing, treating, controlling, or preventing any disease in animals; or
   2. destroying or preventing parasites on or in animals; or
   3. maintaining or improving the health, condition, productivity, or appearance of any animal; or
   4. capturing or immobilising any animal;—

   appropriate committee means a committee appointed under section 8(1)

   approved laboratory means a laboratory approved by the Minister by notice for the purposes of this Act

   associate coroner means a person who holds office as an associate coroner under the Coroners Act 2006

   authorised prescriber means—

   1. a nurse practitioner; or
   2. an optometrist; or
   3. a practitioner; or
   4. a registered midwife; or
   5. a designated prescriber

   bulk cargo container means an article of transport equipment, being a lift van, movable tank, or other similar structure,—and includes the normal accessories and equipment of the container, when imported with the container and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing

   1. of a permanent character and accordingly strong enough to be suitable for repeated use; and
   2. specially designed to facilitate the carriage of goods by 1 or more modes of transport, without immediate repacking; and
   3. fitted with devices permitting its ready handling and its transfer from one mode of transport to another; and
   4. so designed as to be easy to fill and empty; and
   5. having an internal volume of 1 cubic metre or more;—

   business includes—

   1. a professional practice; and
   2. any activity carried on for reward by any person

   carrier includes every person engaged in carrying goods for hire or reward by any mode of transport, whether by land, water, or air

   container, in relation to a medicine or medical device, means the bottle, jar, box, packet, or other receptacle that contains or is to contain it, not being a capsule, cachet, or other article in which the medicine or device is or is to be administered; and where any such receptacle is or is to be contained in another such receptacle, includes the former but does not include the latter receptacle

   controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   Coroner includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006

   cosmetic means any substance or mixture of substances used or represented for use for the purpose of beautifying, improving, protecting, altering, or cleansing the hair, skin, or complexion of human beings; and includes—

   1. any perfume:
   2. any deodorant:
   3. any insect repellant:
   4. any dusting powder

   Customs or the Customs has the meaning given to Customs in section 5(1) of the Customs and Excise Act 2018

   decision includes requirement

   delegated prescriber means a health practitioner to whom a delegated prescribing order has been issued

   delegated prescribing order means a written instruction, issued in accordance with regulations by an authorised prescriber, authorising a health practitioner to prescribe prescription medicines

   delegated prescribing rights means prescribing rights granted by regulations made under section 105(1)(qaa)

   dentifrice means any substance or mixture of substances used or represented for use for the purpose of cleansing the mouths or teeth (natural or artificial) of human beings; and includes any denture fixative

   dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council of New Zealand established by the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

   designated prescriber means a person, other than a practitioner, nurse practitioner, optometrist, or a registered midwife, who—

   1. belongs to a class of registered health professionals authorised by regulations made under this Act to prescribe any specified prescription medicines, or any specified class or description of prescription medicines subject to the satisfaction of requirements specified in or imposed under those regulations; and
   2. satisfies any applicable requirement relating to competency, qualifications, or training specified in or imposed under regulations made under this Act

   Director-General means the Director-General of Health; and, except in section 98, includes any other officer of the Ministry of Health exercising, with the authority of the Director-General, any functions conferred on the Director-General by this Act

   disease includes any injury, ailment, deformity, disorder, or adverse condition, whether of body or mind

   dispensing, in relation to a medicine, includes, without limitation,—

   1. the preparation of that medicine for sale to the public (whether in response to the issue of a prescription or a request by an individual to be supplied with the medicine); and
   2. the packaging, labelling, recording, and delivery of that medicine

   EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

   examine includes weigh, count, and measure

   health services has the same meaning as it has in section 2 of the Health and Disability Commissioner Act 1994

   herbal remedy means a medicine (not being or containing a prescription medicine, or a restricted medicine, or a pharmacy-only medicine) consisting of—

   1. any substance produced by subjecting a plant to drying, crushing, or any other similar process; or
   2. a mixture comprising 2 or more such substances only; or
   3. a mixture comprising 1 or more such substances with water or ethyl alcohol or any inert substance

   hospital includes a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

   importer means any person by or for whom any goods are imported; and includes the consignee of any goods; and also includes any person who is or becomes—on or at any time after the importation of those goods and before they have ceased to be subject to the control of Customs in accordance with the Customs and Excise Act 2018

   1. the owner of any goods; or
   2. entitled to the possession of any goods; or
   3. beneficially interested in any goods—

   label, in relation to a container of a medicine, means any written, pictorial, or other descriptive matter marked on or affixed to the container; and to label, labelled, and labelling have corresponding meanings

   labelling material means material used or intended to be used as a label

   licence means a licence issued under this Act; and licensed and licensee have corresponding meanings

   licensee corporation means a corporation holding a licence under this Act

   licensing authority—

   1. means the Director-General; and
   2. to avoid doubt, includes any person or persons acting as the Director-General's delegate as a consequence of a delegation under clauses 2 and 3 of Schedule 6 of the Public Service Act 2020

   manufacture, in relation to a medicine, includes any process carried out in the course of making the medicine; but does not include—

   1. dissolving or dispersing the medicine in, or diluting or mixing it with, some other substance used as a medium for the purpose of administering the medicine to a particular person:
   2. incorporating the medicine in any animal food

   medical device has the meaning given to it by section 3A

   Medical Officer of Health means the Medical Officer of Health appointed under the Health Act 1956 for a health district; and includes any Deputy Medical Officer of Health; and also includes the Director-General of Health and other officers upon whom the functions of a Medical Officer of Health are conferred by section 22 of that Act

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   medicine, new medicine, pharmacy-only medicine, prescription medicine, and restricted medicine have the meanings assigned to those terms by section 3

   Medicines Review Committee means the committee established under section 10

   Minister means the Minister of Health

   new organism has the same meaning as in section 2A of the Hazardous Substances and New Organisms Act 1996

   nurse practitioner means a health practitioner who—

   1. is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
   2. holds a current practising certificate

   Nursing Council means the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003

   officer means—

   1. any officer of the Ministry of Health:
   2. any person appointed under section 15 to be an officer

   optometrist means a person—

   1. who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board as a practitioner of optometry; and
   2. for whom the Optometrists and Dispensing Opticians Board has authorised a scope of practice that includes prescribing medicines

   Optometrists and Dispensing Opticians Board means the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003

   pack means to enclose in a container for the purpose of sale or supply

   package, in relation to any medicine or medical device, means any box, packet, or other receptacle in which 1 or more containers of the medicine or device are or are to be enclosed; and, where any such box, packet, or other receptacle is or is to be itself enclosed in 1 or more other boxes, packets, or other receptacles, includes every such box, packet, or other receptacle

   pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy

   pharmacy means a place where pharmacy practice is carried on

   pharmacy practice includes, without limitation, the following:

   1. the compounding and dispensing of prescription medicines, restricted medicines, or pharmacy-only medicines:
   2. the supply of a medicine by a pharmacist to suit the needs of a particular person:
   3. the sale of prescription medicines, restricted medicines, or pharmacy-only medicines

   plant includes any part of a plant

   practitioner means a medical practitioner or a dentist

   qualifying new medicine means a new medicine that—

   1. is or contains a new organism; and
   2. meets the criteria set out in section 38I(3) of the Hazardous Substances and New Organisms Act 1996

   qualifying organism means a new organism that is or is contained in a qualifying new medicine

   registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

   registered midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

   regulations means regulations made under this Act

   related product and new related product have the meanings assigned to those terms by section 94

   responsible authority has the meaning given to it in section 5(1) of the Health Practitioners Competence Assurance Act 2003

   responsible person, in relation to a licensee corporation, means an agent or employee of that corporation who is a pharmacist or a person approved by the licensing authority as a responsible person for the purposes of the licence

   sell includes—and sale has a corresponding meaning

   1. barter; and
   2. offering or attempting to sell, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, or offered or exposed for sale; and
   3. supplying by way of gift or sample for the purpose of promoting a sale;—

   selling by wholesale, selling by retail, and selling in circumstances corresponding to retail sale have the meanings assigned to those terms by section 5

   standing order means—

   1. a written instruction issued by a practitioner, registered midwife, nurse practitioner, or optometrist, in accordance with any applicable regulations, authorising any specified class of persons engaged in the delivery of health services to supply and administer any specified class or description of prescription medicines or controlled drugs to any specified class of persons, in circumstances specified in the instruction, without a prescription:
   2. a written instruction issued by a veterinarian, in accordance with any applicable regulations, authorising any specified class of persons to supply and administer any specified class or description of prescription medicines or controlled drugs to any specified class of animals, in circumstances specified in the instruction, without a prescription:
   3. a written instruction issued by a practitioner, registered midwife, nurse practitioner, or optometrist, in accordance with any applicable regulations, authorising any specified class of persons engaged in the delivery of health services to supply and administer any specified class or description of pharmacy-only medicines or restricted medicines to any specified class of persons, in circumstances specified in the instruction:
   4. a written instruction issued by a veterinarian in accordance with any applicable regulations, authorising any specified class of persons to supply and administer any specified class or description of pharmacy-only medicines or restricted medicines to any specified class of animals, in circumstances specified in the instruction

   substance means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour

   therapeutic purpose has the meaning assigned to that term by section 4

   vehicle includes an aircraft, a hovercraft, and a ship

   veterinarian means a person who is registered as a veterinarian or specialist within the meaning of section 4 of the Veterinarians Act 2005.

2. Any approval by the Minister of a laboratory as an approved laboratory for the purposes of this Act may be given on such terms and conditions as the Minister thinks fit and as are specified in the notice approving that laboratory.

3. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).