New Zealand Legislation: Acts

86 Revocation of approval

• (1) The Director-General may at any time, by notice in writing to the person to whom an approval under section 85(1) was given, revoke that approval if the Director-General is satisfied,—

  • (a) where the approval was given in accordance with section 85(5)(a), that the use of the non-human hominid in the research, testing, or teaching is no longer in the best interests of the non-human hominid; or

  • (b) where the approval was given in accordance with section 85(5)(b), that the use of the non-human hominid in the research, testing, or teaching is no longer in the interests of the species to which the non-human hominid belongs; or

  • (c) where the approval was given in accordance with section 85(5)(b), that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching (being benefits of the kind described in section 80(1)(b)) are outweighed by the likely harm to the non-human hominid; or

  • (d) that any condition of the approval is not being complied with; or

  • (e) that the person to whom the approval was granted—

    • (i) is no longer carrying out research, testing, or teaching; or

    • (ii) has been convicted of an offence against any Act specified in section 96(2)(b); or

    • (iii) no longer has the capability and skills to carry out research, testing, or teaching; or

    • (iv) has failed to comply in a material respect with this Act or any regulations made under this Act or any code of ethical conduct; or

    • (v) has provided in that person's application for the approval information that was false in a material respect.

  (2) The Director-General must, before revoking the approval, give the person to whom the approval was given, an opportunity to be heard.