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New Zealand law explained for everyone

Medicines Act 1981

Enforcement

63: Powers of officers

You could also call this:

"What powers do medicine inspectors have?"

Illustration for Medicines Act 1981

You can think of an article as a medicine, medical device, or cosmetic. This includes equipment and packaging used to make these things. It also includes advertising material. You might see an officer enter a building or vehicle to inspect it. They can do this if they think something is being made, packed, or stored there. They can look at packages, containers, and articles. The officer can buy or take samples of things they think are for sale. They can also look at records and make copies. If they think something is not following the rules, they can seize it. If someone asks, the officer must say who they are and show proof. This is so you know they are allowed to be doing what they are doing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56052.

Topics:
Health and wellbeing > Public healthMoney and consumer rights > Consumer protection
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62: Regulations relating to advertisements, or

"Rules for Advertising Medicines"

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64: Further provisions relating to seizure and detention of articles, or

"What happens when things are taken away for not following the rules"

Part 5Enforcement

63Powers of officers

  1. In this section the expression article to which this section applies means—

  2. any medicine; and
    1. any medical device; and
      1. any cosmetic; and
        1. any equipment used or intended to be used in connection with the manufacture, packing, or labelling of anything referred to in any of paragraphs (a) to (c); and
          1. any package or container, and any advertising material or labelling material, used or intended to be used in any such connection.

            1. An officer, and any other person assisting him and acting under his direct supervision, may at any reasonable time—

            2. enter and inspect any premises (not being a dwellinghouse) or vehicle (including any fixtures, fittings, or appliances in the premises or vehicle) where the officer reasonably believes that any article to which this section applies is manufactured, packed, stored, or kept for sale:
              1. enter any premises (not being a dwellinghouse) or vehicle where the officer reasonably believes that any books, documents, or other records are kept relating to any such manufacture, packing, storage, or keeping for sale:
                1. open and examine any package or container that the officer reasonably believes contains any article to which this section applies:
                  1. examine any article to which this section applies:
                    1. examine any process of manufacture or packing of any article to which this section applies, and the means employed at any stage in the processes of manufacture or packing for testing the materials after they have been subjected to those processes:
                      1. subject to section 69, purchase or take samples of any medicine or medical device or cosmetic that the officer reasonably believes to be intended for sale or to have been sold:
                        1. purchase or take—
                          1. any package or container in which the officer reasonably believes any medicine or medical device is intended to be packed for sale; or
                            1. any advertising material or labelling material that the officer reasonably believes is intended for use in connection with the sale of any medicine or medical device, or to have been used for such purpose:
                            2. examine any books, documents, or other records that the officer reasonably believes contain information relevant to the enforcement of this Act or any regulations made under this Act, and make copies of or take extracts from any such records:
                              1. seize and detain any article to which this section applies, not being equipment, by means of or in relation to which the officer reasonably believes an offence against this Act or against any regulations made under this Act has been committed:
                                1. seize and detain any advertising material or labelling material that contravenes or does not comply with the requirements of this Act or any regulations made under this Act:
                                  1. take photographs of any premises or vehicle, or any article to which this section applies, or any other thing, where or by means of or in relation to which the officer reasonably believes an offence against this Act or against any regulations made under this Act has been committed.

                                    1. On demand by any person in any premises or vehicle, or claiming any interest in any article, in or in respect of which any power is exercised under this section, the officer exercising the power shall identify himself and produce evidence that he is an officer.

                                    2. Repealed
                                    Compare
                                    • 1969 No 7 s 21(1), (2), (4)
                                    • 1979 No 27 s 47(1)–(6)
                                    Notes
                                    • Section 63(4): repealed, on , by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).