22 NOVEMBER 2012 NEW ZEALAND GAZETTE, No. 139 4051

Approval of Code of Ethical Conduct

(Notice No. MPI 101)

I hereby give notice that, pursuant to section 91 of the Animal Welfare Act 1999, I have approved, for the period 1 January 2013 to 31 December 2017, the code of ethical conduct submitted to me by Waikato Institute of Technology.

Dated at Wellington this 15th day of November 2012.

MARK FISHER, Manager Animal Welfare Team, Ministry for Primary Industries (acting under delegated authority).

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Biosecurity Act 1993

Biosecurity (Process for Establishing Independent Review Panel) Notice 2012 (Notice No. MPI 106)

Pursuant to section 24 of the Biosecurity Act 1993, the Director-General for Primary Industries gives the following notice.

Notice

1. Title—This notice is the Biosecurity (Process for Establishing Independent Review Panel) Notice 2012.

2. Commencement—This notice comes into force on the day after the date of its notification in the New Zealand Gazette.

3. Purpose—The purpose of this notice is to set out the process by which an independent review panel is to be established to review whether, in developing an import health standard, there has been sufficient regard to the scientific evidence about which a person consulted under section 23(3)(b) of the Biosecurity Act 1993 has raised a significant concern.

4. Interpretation—In this notice, unless the context otherwise requires:

   Act means the Biosecurity Act 1993;

   chief technical officer means a person appointed a chief technical officer under section 101 of the Act;

   Director-General means the Director-General of the Ministry for Primary Industries;

   import health standard includes an amendment to an import health standard;

   independent review panel means an independent review panel appointed under clause 11; and

   request means a request made under clause 6.

5. Establishment of an independent review panel—
   (1) The Director-General may establish an independent review panel for the purposes of section 24 of the Act as a result of accepting a request.
   (2) An independent review panel may be established:
   (a) after a chief technical officer has completed his or her consultation under section 23(3)(b) of the Act, but before making his or her recommendation to the director-general; or
   (b) after a chief technical officer has made his or her recommendation, but before the Director-General issues the import health standard concerned.

6. Request for review—(1) A person consulted under section 23(3)(b) 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 23(3)(b) 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 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 23(3)(b) 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 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.

   (3) 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 23(3)(b) of the Act.

10. Director-General to ask for nominations for panel—
    (1) The Director-General must ask persons consulted under section 23(3)(b) 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.