New Zealand Legislation: Acts

15 Waiver of notification

• (1) The Director-General may waive the requirement to notify an application under sections 13 and 14 if—

  • (a) The application is made under section 9(1) and there is a registered trade name product with the same active ingredients and an equivalent formulation as the trade name product that is the subject of the application; or

  • (b) the application is made under section 9(2) and the proposed variation of conditions does not affect the evaluation of the risks relevant to the trade name product under section 21, when compared to the original evaluation under that section.

  (2) The Director-General may waive the requirement to notify an application in accordance with section 14 if, in the Director-General's opinion, a trade name product is likely to be required for use in—

  • (a) a biosecurity emergency declared under section 144 of the Biosecurity Act 1993; or

  • (b) a special emergency declared under section 49B of the Hazardous Substances and New Organisms Act 1996.

  (3) The Director-General may waive the requirement to notify an application in accordance with section 14 if—

  • (a) the trade name product is not, and does not contain, a hazardous substance or new organism (within the meaning of the Hazardous Substances and New Organisms Act 1996); and

  • (b) the Minister has advised the Director-General in writing that—

    • (i) an emergency has arisen under this Act; and

    • (ii) the Minister agrees to the Director-General considering whether to grant a waiver; and

  • (c) the Director-General is of the opinion that the trade name product is likely to be required for use in the emergency.

  Section 15(1)(b): substituted, on 18 October 2007, by section 13 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

  Subsection (2) was substituted, as from 30 October 2003, by section 4 Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).

  Subsection (3) was inserted, as from 30 October 2003, by section 4 Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).