NEW ZEALAND GAZETTE, No. 104

2766 26 JUNE 2008

6. Request for review—(1) A person consulted under section 22(6) of the Act may request the establishment of an independent review panel to review whether, in developing an import health standard, a chief technical officer has had sufficient regard to the scientific evidence, if:

(a) the person raised a significant concern about the scientific evidence when consulted under section 22(6) of the Act; and

(b) the person notifies the director-general of his or her intention to request a review under clause 7(2).

(2) A request may be made following consultation on:

(a) the risk analysis associated with a proposed import health standard; or

(b) the proposed import health standard.

(3) A request must be made in writing to the director-general and must:

(a) identify the part of the person’s submission that explains the person’s significant concern with the chief technical officer’s consideration of the scientific evidence;

(b) explain why the person considers that there has been insufficient regard to the scientific evidence; and

(c) include any additional scientific information related to the concern that was not provided to the chief technical officer during consultation.

7. Timing of request—(1) The director-general must give a provisional version of the import health standard to persons consulted under section 22(6) of the Act after consultation on the proposed import health standard has been completed.

(2) A person who intends to request a review must notify the director-general in writing of the person’s intention to make a request no later than 10 working days after the director-general gives the provisional version of the import health standard to the person.

(3) A person who notifies his or her intention to request a review in accordance with subclause (2) may make a request no later than 20 working days after the director-general gives a provisional version of the import health standard to the person.

8. Extension of time—(1) A person who intends to request a review may ask the director-general for an extension of the time for making a request at the same time as the person notifies his or her intention to make a request under clause 7(2).

(2) The director-general may waive or extend any time period specified in this notice if he or she considers that it is reasonable to do so in the circumstances.

9. Decision on request for review—(1) In considering whether to accept a request for review, the director-general must take into account:

(a) the extent to which the scientific evidence is or may be material to the measures in the proposed import health standard;

(b) the extent to which the request for review appears to be based on credible scientific evidence;

(c) whether the evidence has been the subject of an earlier review; and

(d) any other relevant matter.

(2) If the director-general accepts a request following consultation on the risk analysis associated with a proposed import health standard, he or she need not appoint an independent review panel until after consultation on the proposed import health standard has been completed.

(3) If the director-general accepts more than one request for review in relation to an import health standard, he or she may treat the requests that are accepted as one request.

(4) If the director-general refuses a request for review, he or she must give the reasons for the refusal to the persons consulted under section 22(6) of the Act.

10. Director-general to ask for nominations for panel—(1) The director-general must ask persons consulted under section 22(6) of the Act to nominate persons to be appointed to an independent review panel.

(2) The director-general must have regard to any nominations received, but need not appoint a person nominated under subclause (1).

11. Appointment of independent review panel—(1) If the director-general decides to appoint an independent review panel, he or she may appoint one or more persons up to a maximum of five to be the panel.

(2) The director-general must appoint one member of the panel as chair.

(3) In appointing persons to a panel, the director-general must have regard to the need for the panel collectively to have the knowledge, skill, and experience relevant to:

(a) the area of science that is the subject of the review;

(b) risk analysis; and

(c) the conduct of a review.

(4) The director-general may appoint to the panel a person who has knowledge, skill, or experience in an area other than those listed in subclause (3), if the director-general considers that the person’s expertise would assist the panel in the review.

12. Terms of reference—(1) The director-general must set terms of reference for an independent review panel’s conduct of a review.

(2) Before finalising the terms of reference, the director-general must give a draft of the terms of reference to persons consulted under section 22(6) of the Act for comment.

(3) The persons must send any comments on the draft of the terms of reference to the director-general no later than the date specified by the director-general.

(4) Terms of reference may specify:

(a) the scope of the review;

(b) questions to be addressed;

(c) a timetable for the review and report to the director-general; and

(d) any other matter the director-general considers appropriate.

13. Information and assistance to be provided to independent review panel—(1) The director-general must provide to an independent review panel:

(a) the request for review;

(b) the submissions of those consulted under section 22(6) of the Act to the extent that the submissions are relevant; and

(c) all other relevant information held by the director-general.

(2) The director-general must provide administrative support to the panel.

14. Conduct of review—(1) An independent review panel must comply with the terms of reference set by the director-general under clause 12.

(2) The members of the panel may meet with each other in person or communicate by telephone or any other means.