New Zealand Legislation: Acts

45 Determination of application

• (1) After considering any application for approval made under section 40, the Authority (if the application is not approved under section 42, 42A, 42B, or 42C) may, in its discretion,—

  • (a) approve the application if—

    • (i) the application is for one of the purposes specified in section 39(1); and

    • (ii) after taking into account all the effects of the organism and any inseparable organism, including, but not limited to, the effects on the matters in section 43 (for application to develop a new organism in containment) or the matters in section 44 (for applications to import a new organism into, or field test a new organism in, containment), the beneficial effects of having the organism in containment outweigh the adverse effects of the organism and any inseparable organism; and

    • (iii) the Authority is satisfied that the organism can be adequately contained; or

  • (b) decline the application in any other case.

  (2) An approval under this section—

  • (a) must include controls that provide for each of the applicable matters specified in Schedule 3; and

  • (b) may include controls that provide for any other matters in order to give effect to the purpose of this Act.

  (3) The Authority shall give its decision in writing, including reasons for the decision, give written notice of the decision to the applicant and every person who made a submission, and publicly notify the decision.

  (4) In taking into account the adverse effects of the organism under subsection (1)(a)(ii), the Authority must take into account—

  • (a) the adverse effects (if any) of having the organism and any inseparable organism in containment; and

  • (b) the probability that the organism may escape after considering all the controls to which the organism would be subject if the application were approved; and

  • (c) the effects of the organism, if the organism were to escape.

  Section 45(1): amended, on 20 April 2010, by section 13 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 45(1)(a)(ii): substituted, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 45(2): substituted, on 31 December 2000, by section 17 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 45(4): added, on 30 October 2003, by section 26(3) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).