Animal Welfare Act 1999

124 Appointment of inspectors

(1)

The Director-General may from time to time appoint persons employed in the State sector to be inspectors for the purposes of this Act.

(2)

The Minister may from time to time, on the recommendation of an approved organisation, appoint any person to be an inspector for the purposes of this Act.

(3)

Every inspector appointed under subsection (2)—

(a)

must be appointed either—

(i)

for particular purposes of this Act specified in the inspector’s instrument of appointment, which may include the exercise of particular powers of inspectors under this Act or relate to a particular species; or

(ii)

for the general purposes of this Act; and

(b)

must be appointed either—

(i)

for a particular district or part or parts of New Zealand; or

(ii)

to act generally throughout New Zealand.

(4)

The Minister may appoint a person to be an inspector under subsection (2) only where the Minister is satisfied that the person has the experience, technical competence, and other qualifications to undertake the functions of an inspector.

(5)

Every constable is, by virtue of his or her office, deemed to be an inspector appointed to act generally throughout New Zealand for the general purposes of this Act.

(6)

Every inspector appointed under subsection (2)—

(a)

is appointed for such term, not exceeding 3 years, as the Minister thinks fit, and is eligible for reappointment from time to time:

(aa)

may at any time be suspended from office by the Minister if he or she considers it desirable to do so pending the investigation of a complaint relating to—

(i)

the inspector’s performance of his or her functions or duties; or

(ii)

any suspected neglect of duty or misconduct of the inspector:

(b)

may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct proved to the satisfaction of the Minister:

(c)

may resign his or her office by giving written notice to that effect to the Minister:

(d)

must on the expiration of the term of his or her appointment, or on the sooner expiry of his or her appointment by removal from office or resignation, surrender to the Minister his or her instrument of appointment.

(6A)

If the Minister suspends an inspector under subsection (6)(aa), the Minister must give the inspector a written notice stating—

(a)

that the inspector’s appointment is suspended; and

(b)

either—

(i)

the period of the suspension; or

(ii)

that suspension is for an indefinite period; and

(c)

the reasons for the suspension.

(7)

Without limiting subsection (6)(b), it is declared that where an approved organisation informs the Minister in writing that an inspector who was appointed on the recommendation of that approved organisation is no longer acting for that approved organisation or for an incorporated society that is a branch or member of that approved organisation in that capacity or in the particular district or part or parts of New Zealand for which the inspector was appointed, the Minister may, by written notice to that inspector, invite that inspector to both resign his or her office in accordance with subsection (6)(c) and surrender his or her instrument of appointment in accordance with subsection (6)(d) by a date specified in the notice, and, if that inspector fails to do so by that date, the Minister may revoke that inspector’s appointment.

(8)

No person appointed by the Minister under subsection (2) to be an inspector is by virtue of that appointment employed in the Public Service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

(9)

The Director-General may from time to time establish performance standards and technical standards for inspectors appointed under subsection (1).

(10)

Every inspector appointed under subsection (1) or subsection (2) must, when performing his or her functions or duties under this Act or exercising his or her powers under this Act, use his or her best endeavours to comply with, and give effect to, the relevant performance standards or technical standards.

Compare: 1960 No 30 s 9; 1995 No 31 s 15

Section 124(1): replaced, on 9 August 2015, by section 46(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 124(3)(a): replaced, on 10 May 2015, by section 46(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 124(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 124(6)(aa): inserted, on 10 May 2015, by section 46(3) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 124(6A): inserted, on 10 May 2015, by section 46(4) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 124(7): amended, on 27 September 2001, by section 4 of the Animal Welfare Amendment Act 2001 (2001 No 52).