NEW ZEALAND GAZETTE, No. 192

11 DECEMBER 2008

Departmental Notices

Agriculture and Forestry

Animal Welfare Act 1999

Approval of Code of Ethical Conduct

(Notice No. 1645)

I hereby give notice that, pursuant to section 91 of the Animal Welfare Act 1999, I have approved, for the period 1 January 2009 to 31 December 2013, the code of ethical conduct submitted to me by Thermo Fisher Scientific New Zealand.

Dated at Wellington this 2nd day of December 2008.

BARRY O’NEIL, Deputy Director-General, Ministry of Agriculture and Forestry Biosecurity New Zealand (under delegated authority).

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Consumer Affairs

Fair Trading Act 1986

Unsafe Goods (Hot Water Bottles) Notice 2008

Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs gives the following notice.

Notice

1. Title and effect—(1) This notice may be cited as the Unsafe Goods (Hot Water Bottles) Notice 2008.

   (2) This notice is effective from the date of publication in the New Zealand Gazette.

2. Certain hot water bottles declared to be unsafe goods—Goods which do not comply with the Schedule to this notice are declared to be unsafe goods and are prohibited from supply indefinitely.

3. Certain hot water bottles exempt—This notice does not apply to rubber or PVC hot water bottles that are carried in the baggage or effects of a person arriving in New Zealand where the number of hot water bottles carried is four (4) or fewer.

4. New Zealand Customs Service requirements—All persons importing rubber or PVC hot water bottles to which this notice applies into New Zealand must produce to a New Zealand Customs officer:

   (a) documentation showing that the hot water bottles comply with clauses (1) and (2) of the Schedule; and

   (b) a statutory declaration that the documents produced relate to those hot water bottles being imported.

Schedule

Rubber and PVC hot water bottles must:

(1) meet BS1970:2001 or BS1970:2006 Hot water bottles manufactured from rubber and PVC specification; and

(2) show compliance of less than 36 months old with BS1970:2001 or BS1970:2006 from a laboratory accredited to ISO17025.

Dated at Wellington this 9th day of December 2008.

HON HEATHER ROY, Minister of Consumer Affairs.

Explanatory Note

This note is not part of the notice but is intended to indicate its general effect.

This notice declares Rubber and PVC hot water bottles that do not comply with the Schedule to be unsafe goods and prohibits the supply of the goods indefinitely under section 31 of the Fair Trading Act 1986 (“the Act”).

The Unsafe Goods (Hot Water Bottles) Notice 2007, published in the New Zealand Gazette, 24 May 2007, No. 58, page 1453, declared these goods to be unsafe under section 31 of the Act.

By virtue of section 31(2) of the Act, that notice expired on 24 November 2008.

Section 31(3) of the Fair Trading Act 1986 authorises the Minister of Consumer Affairs, if 18 months has elapsed since the goods were declared to be unsafe goods and if no product safety standard has been prescribed in respect of the goods, under section 29 of that Act, to prohibit the supply of the goods indefinitely or for a specified period.

It is an offence under the Fair Trading Act 1986 to supply, or offer to supply, or advertise to supply, goods which are declared to be unsafe goods.

Section 33 of the Fair Trading Act 1986 prohibits the importation of such goods into New Zealand.

All persons bringing rubber or PVC hot water bottles into New Zealand must comply with the requirements of New Zealand Customs Service.

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Education

Education Act 1989

Notice of Direction to Appoint a Limited Statutory Manager for the Board of Trustees of Mayfield School (1369)

Pursuant to section 78M of the Education Act 1989, I direct the Secretary for Education to appoint a limited statutory manager for the Mayfield School Board of Trustees because of the risks to the educational performance and welfare of its students and to the operation of the school.

The following functions, powers and duties of the board are to be vested in a limited statutory manager:

• All functions, powers and duties of the board as an employer (whether statutory or otherwise);
• all functions, powers and duties of the board in financial management (whether statutory or otherwise).

This notice takes effect the day after the date of publication.

Dated at Wellington this 9th day of December 2008.

HON ANNE TOLLEY, Minister of Education.

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