NEW ZEALAND GAZETTE, No. 139 22 NOVEMBER 2012

(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 23(3)(b) 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 23(3)(b) 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 that allows the panel to fulfil its function effectively and efficiently.

(3) The panel may seek advice or information relevant to the review from any person.

(4) The panel must consider:

(a) the request for review;

(b) the submissions of all those consulted under section 23(3)(b) of the Act and any summary of submissions prepared by the Director-General to the extent that the submissions or the summary is relevant;

(c) other relevant information provided by the director-general; and

(d) all relevant new information received under subclause (3).

(5) Subject to this clause, a panel may regulate its own procedure.

15. Reporting—(1) An independent review panel must report its findings and recommendations to the Director-General as soon as is reasonably practical but no later than the date set in the terms of reference.

(2) The Director-General may allow the panel to report by a later date than that set in the terms of reference.

(3) The report must be in writing and:

(a) include reasons for the panel’s findings and recommendations;

(b) indicate whether the recommendations are unanimous or agreed to by a majority of the panel; and

(c) identify any person who advised the panel and state the nature of his or her advice.

16. Publication of report—The Director-General must give a copy of the independent review panel’s report to the person who requested the review and make copies available to the public on request.

17. Revocation of the Biosecurity (Process for Establishing Independent Review Panel) Notice 2008—
    Pursuant to section 82 of the Biosecurity Law Reform Act 2012 and section 15 of the Interpretation Act 1999, the Biosecurity (Process for Establishing Independent Review Panel) Notice 2008* is revoked.

Dated at Wellington this 16th day of November 2012.

WAYNE MCNEE, Director-General for Primary Industries.

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

This notice which, comes into force on the day after its publication in the New Zealand Gazette:

(a) revokes and replaces the original notice* to update its provisions to reflect the amendments made to the Biosecurity Act 1993 by the Biosecurity Law Reform Act 2012; and

(b) specifies:

• how a person can seek a review of the scientific evidence considered in relation to a proposed import health standard;

• the process and criteria for establishing an independent review panel;

• the information and assistance the Director-General must provide to a panel;

• provision for terms of reference;

• how a panel must conduct the review; and

• a requirement for a panel to report its findings and recommendations to the Director-General.

*New Zealand Gazette, 26 June 2008, No. 104, page 2765

Freshwater Fish Farming Regulations 1983

Notice Specifying Fish Species Which May Be Farmed (2012) (Notice No. MPI 102)

Pursuant to Regulation 2 of the Freshwater Fish Farming Regulations 1983, I hereby specify the following species to be fish for the purposes of those Regulations:

(1.1) Abalone or paua, being:

(i) Blackfoot paua (Haliotis iris)

(ii) Virgin paua (Haliotis virginea)

(iii) Yellowfoot paua (Haliotis australis)

(1.2) Amur, being:

(i) White amur or grass carp (Ctenopharyngodon idella)