Except as provided in subsection (2) of this section, this Act shall bind the Crown.

This Act shall not apply to the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, or the members of any of those forces while they are acting in the course of their official duties.

The provisions of this Act relating to the sale of any poison or harmful substance or other toxic substance shall, unless the context otherwise requires, apply to the disposal of any poison or harmful substance or other toxic substance by way of gift, loan, prize, reward, or otherwise.

For the purposes of this section, the term “gift” includes the giving or distribution, in the course of business, as a sample or otherwise without charge.

The provisions of this Act relating to the sale of any poison shall not apply to the disposal of any poisons pursuant to subsection (2) of this section.

Where any commercial user (in this section referred to as the transferor) has in his possession any quantity of the poison that is surplus to his needs, he may dispose of that surplus to any other commercial user or to the holder of a licence authorised under this Act to have that poison (in this section referred to as the transferee).

In any such case, the transferor may surrender the poison to an officer for delivery to the transferee.

For the purposes of this Act, but subject to subsection (2) of this section, every person shall be deemed to sell, pack, prepare, or label any toxic substance whether he does so on his own account or as the agent or employee of any other person.

For the purposes of this Act, if a person who is authorised by or under this Act to sell, pack, prepare, or label a toxic substance does so, in accordance with that authority, as the agent or employee of another person who is not so authorised, that other person shall not be held to have sold, packed, prepared, or labelled that substance.

For the purposes of this Act, while a person who is authorised by or under this Act to sell, pack, prepare, or label a toxic substance has that substance in his custody or under his control, as the agent or employee of another person who is not so authorised, that other person shall not be held to be in possession of that substance.

For the purposes of this Act, any natural person who sells, packs, prepares, or labels a toxic substance while working under the supervision and control of a responsible person or of another natural person authorised by or under this Act, otherwise than by section 24 of this Act, to sell, pack, prepare, or label that toxic substance, shall be deemed to be the agent or employee of the responsible person or the person so authorised, and in any such case the responsible person or person so authorised shall be deemed to be the principal or employer of the first-mentioned person, without prejudice to the liability of any other person under section 63 of this Act.

Without limiting section 82 of this Act (except as provided in subsection (11) of this section), the Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Toxic Substances Board, declare any toxic substance to be a deadly poison, a dangerous poison, a standard poison, or a harmful substance.

In determining whether or not it should recommend the making of any such order in respect of any particular substance, the Toxic Substances Board shall have regard to the degree of need that exists, bearing in mind the toxicity and other chemical or biochemical properties of the substance and all other relevant matters, for controls to be imposed, in accordance with this Act, in respect of that substance on the basis that—

Any such order may relate to any substance specified by its common name, chemical name, or trade name, or to any class of substances identified by a description of that class.

Any such substance or class of substances may be identified in the order by reference to—

Any such order may specify the circumstances in which any substance is or is not to be a deadly poison, or a dangerous poison, or a standard poison, or a harmful substance.

Without limiting subsections (3) and (4) of this section, any order made under this section may declare a substance to be a deadly poison, a dangerous poison, a standard poison, or a harmful substance, notwithstanding that it is, by virtue of a subsisting order, a deadly poison, a dangerous poison, a standard poison, or a harmful substance.

Any such order may substitute a declaration that any substance is a deadly poison, or a dangerous poison, or a standard poison, or a harmful substance, for any previous declaration relating to that substance, or otherwise amend any such declaration.

Notwithstanding anything in the foregoing provisions of this section, any regulations made under this Act may empower the Minister, on the recommendation of the Toxic Substances Board, to declare, by notice in the Gazette, any substance to be, or not to be, a deadly poison, a dangerous poison, a standard poison, or a harmful substance, and, in like manner, to revoke any such notice.

Subject to subsection (8) of this section every such notice, unless sooner revoked by the Minister, on the recommendation of the Toxic Substances Board, shall remain in force for a period of 6 months and shall then cease to have effect.

The provisions of subsections (3) to (7) of this section shall apply to every such notice as if it were an order made for the purposes of this section.

Every order made or notice given for the purposes of this section shall come into force in respect of every poison and harmful substance to which it relates on the date specified in the order or notice or, if no date is so specified, on the date on which the order is notified in the Gazette or, as the case may require, the notice is published in the Gazette.

The Minister may from time to time appoint such advisory or technical committees as he thinks fit to advise him for any of the purposes of this Act, and may from time to time determine the functions of any such committee.

There may be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory Board within the meaning of that Act.

Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure.

There may from time to time be appointed under the State Services Act 1962 such analysts and officers as are required for the purposes of this Act.

The Minister may from time to time appoint any person, not being a member of the Public Service, as an analyst or officer for the purposes of this Act.

Any appointment under subsection (2) of this section may be made either generally for the purposes of this Act or for any specified purpose, or for the exercise of any specified power or function of an analyst or officer under this Act, or for any specified period; and may be made in respect of New Zealand generally or in respect of any specified district or districts.

There may be paid out of money appropriated by Parliament for the purpose to any person appointed under subsection (2) of this section such remuneration as may be fixed by the Minister with the concurrence of the Minister of Finance.

No person appointed under subsection (2) of this section shall be deemed by reason of that appointment to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 or the Government Superannuation Fund Act 1956.

The Director, every Medical Officer of Health, and every other officer of the Department of Health, shall exercise the powers and functions conferred on him by this Act subject to the direction and control of the Director-General of Health and of every other officer of the Department of Health to whom he is subordinate.

For the purposes of this Act there shall be a Board, to be called the Toxic Substances Board.

The Board shall consist of—

The members of the Board shall be appointed by the Governor-General on the recommendation of the Minister.

The function of the Board shall be to advise the Minister or the Director-General of Health on all such matters as the Minister or Director-General may from time to time refer to the Board (including any matter suggested to the Minister or Director-General by the Board itself) relating to—

In addition to the matters referred to in subsection (1) of this section, the Board may from time to time, at the request or with the consent of the Minister or the Director-General of Health,—

Notwithstanding anything in subsection (1) of this section, the Board shall not be competent to advise the Minister or the Director-General on any matter that is within the jurisdiction of the Animal Remedies Board constituted under the Animal Remedies Act 1967 or the Pesticides Board constituted under the Pesticides Act 1979.

Every member of the Board shall treat as confidential—

and shall not disclose the information or advice to any other person, except another member of the Board.

Every person commits an offence against this Act who discloses any information or advice in contravention of subsection (4) of this section.

Subject to the succeeding provisions of this section, every member of the Board shall hold office for a term of 3 years, but may from time to time be reappointed.

Any member of the Board may at any time be removed from office by the Governor-General for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may resign his office by writing addressed to the Minister.

If any member dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and every person so appointed under this subsection shall hold office for the remainder of the term for which his predecessor was appointed.

Unless he sooner vacates his office under subsection (2) of this section, a member shall continue in office until his successor comes into office.

The powers of the Board shall not be affected by any vacancy in its membership.

In any case where the Minister is satisfied that any member of the Board is incapacitated by illness or absence or other sufficient cause from performing the duties of his office, the Minister may appoint a deputy to act for that member during his incapacity.

Every deputy appointed under subsection (1) of this section shall be nominated by the person or body nominating the incapacitated member.

Every deputy appointed under this section shall, while he acts as such, be deemed to be a member of the Board, and any deputy acting for the Chairman shall have all the powers of the Chairman.

No appointment of a deputy and no acts done by him as such, and no acts done by the Board while any deputy is acting as such, shall be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or had ceased.

The first meeting of the Board shall be held on a day to be appointed by the Minister.

Subsequent meetings of the Board shall be held at such times and places as the Board from time to time determines.

The Chairman, or any 2 members, may at any time call a special meeting of the Board.

At every meeting of the Board the quorum necessary for the transaction of business shall be 6 members.

The Chairman shall preside at every meeting of the Board at which he is present.

In the absence from any meeting of the Chairman or his deputy, the members present shall appoint one of their number to preside at that meeting.

Every question before the Board shall be determined by a majority of the votes cast by the members present at the meeting.

The Chairman or other person presiding at the meeting shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

Except as expressly provided in this Act, or in any regulations for the time being in force under this Act, the Board may determine its own procedure.

The Board may from time to time appoint temporary members, to hold office for such period as may be specified in each case, for the purpose of assisting it in the exercise of its functions under this Act.

Any appointment under this section may at any time be revoked by the Board.

Subject to subsection (4) of this section, every temporary member shall, during the currency of his appointment, be deemed to be a member of the Board.

No temporary member shall be entitled to vote on any question before the Board.

The Board may from time to time appoint such committees as it thinks fit to advise the Board on such matters relating to the exercise of its functions as are referred to them by the Board.

Any person may be appointed under this section to be a member of a committee notwithstanding that he is not a member of the Board.

Every committee appointed under this section shall be subject in all things to the control of the Board and may at any time be discharged, altered, or reconstituted by the Board.

Any delegation under this section may at any time be revoked by the Board.

The provisions of subsections (4) and (5) of section 12 of this Act shall apply, with the necessary modifications, to every member of a committee appointed under this section, whether or not he is a member of the Board.

The Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There may be paid to members of the Board, including temporary members, and of any committee appointed by the Board, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly, as if, in the case of every such committee, that committee were a statutory Board within the meaning of that Act.

No person shall sell any deadly poison or any dangerous poison except to a person who is—

It is a defence to a charge brought under subsection (1) of this section if the defendant proves that he took all reasonable steps to ascertain whether the person to whom he sold the poison was a person to whom the poison could lawfully be sold and that he believed on reasonable grounds that the poison could lawfully be sold to that person.

Every person who commits an offence against subsection (1) of this section is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000.

Except as provided in section 5 and sections 21 to 24 of this Act, or as may be permitted by or under any regulations made under this Act, no person shall—

No licensee shall sell any deadly poison or any dangerous poison, or pack, prepare, or label any poison for the purpose of sale, other than a poison specified or described in his licence, or otherwise than in accordance with the terms and conditions of or attaching to the licence.

Except as may be permitted in any licence, or by or under any regulations made under this Act, no licensee shall sell any deadly poison or any dangerous poison, or pack, prepare, or label any poison for the purpose of sale, elsewhere than in the premises specified or described in the licence.

Every person who contravenes any of the provisions of this section commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000.

Subject to subsection of this section, and to sections 19, 25, and 33 of this Act, a pharmacist may sell any deadly poison or any dangerous poison, or pack, prepare, or label any poison.

The authority conferred by subsection (1) of this section shall extend only to the sale of deadly poisons and dangerous poisons, and the packing, preparing, and labelling of poisons, in premises registered as a pharmacy under the Pharmacy Act 1970.

Subject to sections 25 and 33 of this Act, a veterinary surgeon may sell any deadly poison or any dangerous poison, in the course of the practice of his profession, for the treatment of an animal under his care, and may pack, prepare, and label any poison for that purpose.

Subject to sections 19, 25, and 33 of this Act, any officer acting in the course of his official duties may sell any deadly poison or any dangerous poison.

Subject to sections 19, 25, and 33 of this Act, an agent or employee of a licensee or pharmacist may sell any deadly poison or any dangerous poison if—

An agent or employee of a licensee or pharmacist may pack, prepare, or label any poison if—

Nothing in subsection (1) or subsection (2) of this section shall authorise any person to sell a deadly poison or a dangerous poison, or to pack, prepare, or label a poison, at any place, if his principal or employer is not authorised by or under this Act to sell, or to pack, prepare, or label (as the case may require) that poison at that place, or otherwise than in accordance with every condition imposed by or under this Act to which his principal or employer is subject.

Nothing in this section shall limit or affect any of the provisions of sections 21 to 23 of this Act.

Except as may be permitted by or under any regulations made under this Act, no person shall sell any poison or harmful substance by means of an automatic vending machine.

Except pursuant to, and in accordance with any conditions or restrictions contained in, a licence under this Act, or as otherwise permitted by or under any regulations made under this Act, no person shall sell or hawk any poison—

Except as may be permitted by regulations made under this Act, no person shall sell any poison or harmful substance to any other person otherwise than pursuant to an order given or a request made by that other person.

Nothing in this section shall prevent—

Every person commits an offence against this Act who contravenes any of the provisions of this section.

Except as may be permitted by or under any regulations made under this Act, no person shall, in the course of any business, pack, store, sell, or cause to be transported any poison or harmful substance unless it is in a container that—

Notwithstanding anything in paragraph (b) of subsection (1) of this section, where the container bears a label with directions to the effect that the whole of the contents must be used immediately on opening, and the quantity and nature of the contents are such that it is unlikely that less than the whole of the contents will be used on any one occasion, the container need not comply with the requirements of that paragraph.

For the purposes of paragraph (b) of subsection (1) of this section, a container can be readily and effectively resealed if, but only if, it is provided with a cap, lid, stopper, or other means of closure that, without the use of any other material, except a wad, liner, or washer provided with the container, will close the container so as to prevent any leakage of its contents.

In any case where a requirement in respect of the packing or labelling of any toxic substance that is neither a poison nor a harmful substance is prescribed by a regulation made under this Act, no person shall, in the course of any business, pack, store, sell, or cause to be transported that toxic substance unless it is in a container of the prescribed design or type, and is labelled in the prescribed manner.

Every person who contravenes subsection (1) or subsection (4) of this section commits an offence and is liable to a fine not exceeding $2,000.

Without limiting subsection (5) of this section, but subject to section 5 of the Accident Compensation Act 1972, where damage is caused by any contravention of this section, the person committing that contravention shall be liable for the damage, except where the damage—

For the purposes of this section, a carrier does not store goods that he has in his possession only for carriage in the course of his business as a carrier, or cause to be transported goods that he transports, or delivers to another carrier for transport, in the course of such business.

Except as may be permitted by or under any regulations made under this Act, every person who sells any deadly poison or dangerous poison shall keep, in some place of security at his place of business, such records as may be prescribed; and shall keep every such record for a period of not less than 3 years from the date of the making of the record, or, in the case of a book containing more than one such record, from the date of the last entry in that book.

Every person who sells any deadly poison or dangerous poison shall at all times permit any officer, or any member of the Police, to inspect and make copies of any such record, and shall at all times, on demand, afford to any officer or to any member of the Police all further information in his possession with respect to any dealings by him relating to any such poisons.

Every person commits an offence against this Act who contravenes or fails to comply in any respect with any of the provisions of this section, or who obstructs or hinders any such inspection.

Every person commits an offence against this Act who has any poison or harmful substance in his possession or charge (whether for the purposes of sale or otherwise) otherwise than in a container conforming to the relevant requirements of this Act and of any regulations made under this Act.

It is a defence to a charge brought under this section if the defendant proves that at the time of the alleged offence—

No person in possession or charge of any poison or harmful substance shall keep it—

No person in possession or charge of any standard poison or harmful substance shall keep it in any place to which children have ready access, except where it is displayed for retail sale and—

Subject to subsection (4) of this section, no person in possession or charge of any deadly poison or dangerous poison shall keep that poison elsewhere than in a locked room, locked compartment, locked cupboard, locked cage, or securely fenced and locked outdoor compound.

In respect of containers of any deadly poison or dangerous poison of a capacity not less than 5 litres or weighing (together with the contents) not less than 5 kilograms and displayed for retail sale, it shall be sufficient compliance with subsection (3) of this section if the containers are kept out of the reach of unauthorised persons.

For the purposes of subsection (4) of this section, every person is an unauthorised person in relation to any deadly poison or dangerous poison unless he is—

Except as may be permitted by or under any regulations made under this Act, no person in possession of a deadly poison that is kept for the time being within any building, ship, aircraft, hovercraft, or vehicle, shall leave that building, ship, aircraft, hovercraft, or vehicle unattended, unless he has taken all reasonable steps to ensure that that building, ship, aircraft, hovercraft, or vehicle, or the part of it in which the deadly poison is kept, is secured against unlawful entry.

Every person commits an offence against this Act who contravenes any of the provisions of this section.

No person shall pack any poison or harmful substance, or prepare it for use, in any dwellinghouse, or in any room, or on any table or bench, that is used for the purpose of packing, preparing, or consuming any food or drink.

Every person commits an offence against this Act who contravenes the provisions of this section.

No person shall, without reasonable excuse, procure, receive, store, use, or otherwise have in his possession any deadly poison or dangerous poison.

Without limiting the meaning of the expression “reasonable excuse”, a person has a reasonable excuse for the purposes of subsection (1) of this section if the possession or act that might otherwise constitute a contravention of that subsection is that of—

In any proceedings under this section in which it is proved that the defendant procured, received, stored, used, or otherwise had in his possession any deadly poison or dangerous poison, the onus of proving that he had a reasonable excuse (whether by reason of the fact that one or more of the provisions of paragraphs (a) to (d) of subsection (2) of this section apply to the case or otherwise) shall lie on the defendant.

For the purpose of any such proceeding, the fact that the defendant did not know that the substance that is the subject of the prosecution was a deadly poison or a dangerous poison, as the case may require, shall not by itself be a reasonable excuse.

Every person who contravenes subsection (1) of this section commits an offence and is liable to a fine not exceeding $2,000.

Except as may be permitted by or under any regulations made under this Act, every person who intends to import or manufacture or prepare or pack any toxic substance that he has not previously imported into or manufactured or prepared or packed in New Zealand, otherwise than pursuant to subsection (7) of this section, or to import or manufacture or prepare or pack any toxic substance bearing a common name, chemical name, or trade name under which he has not previously distributed the toxic substance in New Zealand, shall, before so importing or manufacturing or preparing or packing the toxic substance, notify the Director of his intention.

In addition to any such notification, that person shall furnish to the Director the following particulars, namely:

It shall not be necessary to comply with subsection (1) or subsection (2) of this section in respect of any toxic substance while—

Without limiting any of the foregoing provisions of this section, the Director may from time to time require any importer, proprietor, manufacturer, seller, preparer, or packer of toxic substances to furnish any of the particulars specified in subsection (2) of this section in respect of all or any of the toxic substances imported, owned, manufactured, sold, prepared, or packed by him.

Without limiting any of the foregoing provisions of this section, the Director may from time to time require any importer, proprietor, manufacturer, seller, preparer, or packer of any toxic substance, or of anything that the Director suspects to be a toxic substance, to furnish, in respect of that substance or thing, any of the particulars specified in subsection (2) of this section, together with such information as the importer, proprietor, manufacturer, seller, preparer, or packer has in his possession as to the date of any sale of that substance or thing within the preceding 3 years, the quantity so sold, and the names and addresses of the persons to whom it has been sold.

All information given pursuant to this section shall, if the person giving it so requests, be treated by the Director as confidential, and shall not be disclosed by him or by any other person except for the purposes of the administration of this Act or for the purposes of any investigation or proceedings in respect of any alleged offence, or any other purposes approved by the Minister.

All information required under this section shall be supplied to the Director in English.

Nothing in subsection (1) or subsection (2) of this section shall apply in respect of any toxic substance, imported, manufactured, or prepared, or packed only for the purposes of teaching, research, or investigation in any laboratory in New Zealand.

Every person commits an offence against this Act who fails to comply with subsection (1) or subsection (2), or with any requirement under subsection (4) or subsection (5), of this section.

The Minister may from time to time, by notice in the Gazette, given on the recommendation of the Board, prohibit the importation, manufacture, sale, possession, or use of any toxic substance, or any article containing or impregnated with any toxic substance, specified by reference to its common name, chemical name or trade name, either absolutely or subject to such conditions as he thinks fit, for any specified period not exceeding 1 year.

Notwithstanding anything in subsection (1) of this section, the powers conferred on the Minister by that subsection shall not be exercisable by him in respect of any substance that is an animal remedy or a pesticide except on the recommendation of both the Toxic Substances Board and either the Animal Remedies Board constituted under the Animal Remedies Act 1967 or, as the case may require, the Pesticides Board constituted under the Pesticides Act 1979.

The power conferred on the Minister by subsection (1) of this section shall not be exercised more than once in respect of any particular substance.

Every person commits an offence against this Act who contravenes any notice given under subsection (1) of this section.

Every person commits an offence against this Act who, being the seller of any toxic substance, or being the agent or employee of the seller, publishes or causes or permits to be published any advertisement relating, or calculated or likely to cause any other person to believe that it relates, to that toxic substance, if the advertisement—

Every application for a licence shall be made in the prescribed form to the Medical Officer of Health for the health district in which the premises that the applicant proposes to use are situated.

Every such application shall contain the prescribed particulars and information, and shall be accompanied by the prescribed fee.

Subject to subsections (4) to (6) of this section, an application may be made either by a natural person on his own behalf or by an appropriate officer of a body corporate on behalf of the body corporate.

No application shall be made on his own behalf by a person who is under 20 years of age.

No application shall be made by 2 or more persons jointly.

No application shall be made by an unincorporated body of persons, except that, where an unincorporated body of persons is representative of a body corporate, an application may be made by such unincorporated body, or an officer of such unincorporated body, on behalf of the body corporate.

Every application made by a person who is not a licensee at the date of the application, and is not a body corporate, shall also be accompanied by a certificate signed within the period of 1 month immediately preceding the date of the application by a Justice, or by some other person approved by the Medical Officer of Health, that the applicant is well known to the person giving the certificate and is of good character, and is considered by him to be a fit and proper person to be licensed to sell deadly poisons or dangerous poisons, or to pack poisons, as the case may require.

Every application made on behalf of a body corporate shall set out the name and relevant qualifications (if any) of every person who is proposed to be a responsible person for the purposes of the licence, and shall, if the applicant is not a licensee at the date of the application, or, if no certificate required by this subsection has previously been provided in respect of any person so named, be supported in respect of every person so named by a certificate in the form required by subsection (7) of this section with such modifications as may be necessary.

On receiving an application, the Medical Officer of Health shall issue a licence to the applicant if he is satisfied in respect of all the following matters:

The Medical Officer of Health shall not decline an application for a licence under subsection (1) of this section without first giving the applicant a reasonable opportunity to be heard, except on the ground that the applicant lacks any qualification for the licence required by regulations made under this Act.

A licence shall be in the prescribed form and shall be subject to such conditions (if any), as may be imposed, on the issue of the licence or at any time thereafter, by or pursuant to regulations made under this Act.

A licence to sell a poison may be combined with a licence to pack that poison or any standard poison.

If in any case the Medical Officer of Health is satisfied that the holder of a licence has failed or is failing to comply with any conditions attaching to the licence, he may—

If the Medical Officer of Health refuses to issue a licence, or attaches conditions to the licence, or cancels a licence, and the applicant for the licence or the licensee requests him to give his reasons for such refusal, or for the attachment of such conditions, or for the cancellation of the licence, the Medical Officer of Health shall state his reasons in writing to that person accordingly.

Subject to sections 19, 24, 25, and 33 of this Act,—

If a licence confers or contains an authority to sell or hawk poisons elsewhere than in premises specified or described in the licence, the licence shall authorise the licensee to sell poisons at the place or places, or within the area or areas, specified or described in the licence, or, if no place or area is so specified or described, anywhere in New Zealand, in accordance with the terms and conditions of the licence.

Subject to subsections (2) and (3) of this section, every licence shall, unless sooner cancelled under section 36(5) or section 64 of this Act, continue in force for the period of 1 year, and shall then expire.

Any licence issued within the period of 2 months preceding the date of expiration of an existing licence that it is intended to supersede shall continue in force for a period of 1 year beginning on that date.

If a licensee applies for a new licence not more than 3 months and not less than 1 month before the date of expiration of an existing licence that the new licence is intended to supersede, and the application is not disposed of before that date, the existing licence shall continue in force until the application is disposed of.

Every licensee shall cause his current licence to be permanently exhibited in some conspicuous place where it can be readily seen by all persons having access to the premises to which the licence relates.

Every licensee who is authorised by his licence to sell poisons elsewhere than in his regular business premises shall produce his licence for inspection whenever required by an officer to do so, or, if he is unable to do so, shall produce it at the office of the Medical Officer of Health for the health district in which the licence was issued within 24 hours thereafter.

Every person commits an offence against this Act who contravenes subsection (1), or fails to produce his licence as required by subsection (2), of this section.

Every Medical Officer of Health shall keep at his office a register of the licences issued by him under this Act, and such other registers and records as may be prescribed.

The contents of any such register may be evidenced in any proceedings by a certificate purporting to be signed by the Medical Officer of Health by whom it is kept.

Every such certificate shall, without proof of the signature of the Medical Officer of Health, be sufficient evidence, until the contrary is proved, of the matters stated in the certificate.

A certificate purporting to be signed by a Medical Officer of Health that on a date specified in the certificate the name of any person did not appear as a licensee in the register of licences kept by that Medical Officer of Health, or did not appear in relation to a licence to sell deadly poisons or to sell dangerous poisons or a licence to pack poisons, as the case may require, or that on the specified date any particulars stated in the certificate did not appear in that register, shall, without proof of the signature of the Medical Officer of Health, be sufficient evidence, until the contrary is proved, of the facts stated in the certificate.

Any person may have access to any register of licences for the purposes of inspection during the hours and upon the days appointed by regulations made under this Act or, if no such times are so appointed, at all reasonable times.

In this Part of this Act, unless the context otherwise requires,—

Every toxic substance imported into New Zealand shall be strongly and securely packed in the manner prescribed by or under regulations made under this Act.

The obligation to comply with the requirements of this section shall lie on the person importing the toxic substance or causing it to be imported.

Every person referred to in subsection (2) of this section who fails to comply with the requirements of this section commits an offence against this Act.

Where any toxic substance to which this section applies is to be brought into New Zealand by sea, the owner or master of the vessel shall, at least 48 hours before the goods are due to be landed or (if this is not practicable) as soon as practicable thereafter, give written notice to the proper authority at the New Zealand port in which the toxic substance is to be landed of—

Every proper authority at a New Zealand port who receives a notice under subsection (1) of this section shall, as soon as practicable thereafter, inform the Medical Officer of Health of the contents of the notice.

The requirements of subsection (1) of this section are in addition to those of section 32 of this Act.

Every person referred to in subsection (1) of this section who fails to comply with that subsection commits an offence against this Act.

This section applies only to toxic substances for the time being specified—

When any vessel or aircraft arrives in New Zealand having on board any container of any toxic substance that is found or suspected to have leaked or to be leaking, the following provisions shall apply:

Section 47(9) of this Act shall not apply in respect of the destruction or other disposal of any goods that are dealt with pursuant to subsection (1)(b)(iii) of this section.

Every person commits an offence against this Act who contravenes or causes or permits the contravention of any of the provisions of subsection (1) of this section or any condition that he knows has been imposed by the Medical Officer of Health pursuant to subparagraph (ii) or subparagraph (iv) of paragraph (b) of that subsection.

The Minister may direct such steps as he thinks fit to be taken for the valuation of any goods that, under section 44 of this Act, are not allowed to be landed or are allowed to be landed only for the purpose of being reshipped, destroyed, or otherwise disposed of; and the value so ascertained, together with all costs and expenses of the valuation, including the cost of the assistance of any skilled person, shall be recoverable as a debt jointly and severally due to the Crown by the master and owners of the vessel or the owners of the aircraft.

The value of such goods, if and when ascertained and recovered in accordance with subsection (1) of this section, shall be paid to the owner of the goods or other person lawfully entitled to the goods out of money appropriated by Parliament for the purpose.

Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000 who—

In this section, and in section 48 of this Act, the term “officer” includes any member of the Police; and, in respect of any toxic substance imported, or suspected to have been imported, into New Zealand in contravention of any of the provisions of the Customs Act 1966 or any other Act (including this Act), also includes an officer of Customs.

Subject, in the case of a dwellinghouse, to the provisions of subsection (11) of this section, any officer may at all reasonable times enter into and inspect any premises, land, vessel, aircraft, hovercraft, vehicle, or place where he has reasonable ground for believing that there is any substance that is a toxic substance.

Where any officer enters any premises, land, vessel, aircraft, hovercraft, vehicle, or place pursuant to subsection (2) of this section, he may therein photograph any article or thing that he believes on reasonable grounds to be, or to contain, or to be impregnated with, any toxic substance, or to be evidence of any offence against this Act or any regulations made under this Act.

Notwithstanding anything in subsection (2) of this section, but subject to Part IV of the Health Act 1956, no officer shall, except in an emergency and at the request of an officer of Customs, enter into or inspect any vessel or aircraft on its arrival in New Zealand from overseas until the inward report (as required by section 45 of the Customs Act 1966) has been received by an officer of Customs.

Any officer may inspect any container if he has reasonable ground for believing that it contains a toxic substance, and for that purpose, if any such container is contained in any other case or covering of any kind, he may open the case or covering or require it to be opened.

Any officer may mark, seal, or otherwise secure, or impound—

Subject to subsection (8) of this section, and to section 44(1)(b) of this Act, where any thing is marked, sealed, secured, or impounded by any officer under this section, that officer or the Medical Officer of Health shall, as soon as practicable, take or cause to be taken all reasonable measures to have that thing removed to a place of security, or properly packed and labelled, or cleansed or decontaminated, or destroyed or otherwise disposed of, as the circumstances of the case may require.

Unless, in the opinion of the officer or the Medical Officer of Health, the destruction or disposal of the thing is urgently necessary for the protection of the health of the public or of persons likely to be exposed to contamination, it shall not be destroyed or disposed of until—

Subject to section 44(2) of this Act, and to any order made by a Magistrate’s Court under section 49 of this Act, the reasonable costs and expenses incurred in the packing, labelling, cleansing, decontamination, destruction, or other disposal of any thing under subsection (7) of this section shall be recoverable from the owner of the thing as a debt due to the Crown; but nothing in this subsection shall affect any right of action that the owner may have against any other person.

Subject to any such order made under section 49 of this Act, every person commits an offence against this Act who, without the authority of any officer or of the Director or the Medical Officer of Health, removes or interferes with any thing that has been marked, sealed, secured, or impounded under this section.

Unless he has reasonable ground for believing that imminent danger to the public or to any person exists, an officer shall not enter any dwellinghouse under the powers conferred by subsection (2) of this section.

Where any thing is marked, sealed, secured, or impounded by any officer under this section, that officer or the Medical Officer of Health shall forthwith give notice in writing of the action that has been taken to the owner, or to the consignor or consignee, or to the agent of the owner, of the thing in question if his name and address are attached thereto or are otherwise known to, or can be readily ascertained by, the officer or Medical Officer of Health and the address is that of a place in New Zealand.

Nothing in this section shall limit or affect the application of section 198 of the Summary Proceedings Act 1957.

Any officer may mark, seal, or otherwise secure any land or premises, or any vessel, aircraft, hovercraft, or vehicle, or any part of any premises, vessel, aircraft, hovercraft, or vehicle, if he has reason to suspect that it may have been contaminated by any toxic substance.

In any such case, that officer or the Medical Officer of Health shall, as soon as practicable, take or cause to be taken all reasonable steps to have the land, premises, vessel, aircraft, hovercraft, or vehicle, or part, decontaminated or cleansed, as the circumstances of the case may require.

Subject to any order made by a Magistrate’s Court under section 49 of this Act, the reasonable costs and expenses incurred in such decontamination or cleansing shall be recoverable from the owner of the land, premises, vessel, aircraft, hovercraft, or vehicle as a debt due to the Crown; but nothing in this subsection shall affect any right of action that the owner may have against any other person.

Subject to any such order, and to subsection (5) of this section, every person commits an offence against this Act who, without the authority of any such officer or of the Director or the Medical Officer of Health, enters into or upon any land, premises, vessel, aircraft, hovercraft, vehicle, or part thereof, or moves any vessel, aircraft, hovercraft or vehicle, that has been marked, sealed, or secured under this section.

It is a defence to a charge brought under this section if the defendant proves that the entry or movement was urgently necessary by reason of an emergency.

Where any land, premises, vessel, aircraft, hovercraft, or vehicle, or any part of any premises, vessel, aircraft, hovercraft, or vehicle is marked, sealed, or secured by any officer under this section, the officer or the Medical Officer of Health shall forthwith give notice in writing of the action that has been taken to the owner of the land, premises, vessel, aircraft, hovercraft, or vehicle if his name and address or that of his agent are known to, or can be readily ascertained by, the officer or the Medical Officer of Health and the address is that of a place in New Zealand.

Any person claiming any estate or interest in any real or personal property marked, sealed, secured, or impounded under section 47 or section 48 of this Act may, within 7 days thereafter, apply to a Magistrate’s Court for an order—

On any such application, the Court may, subject to subsection (3) of this section, make such order as it thinks fit, and any such order may be made upon and subject to such terms and conditions as the Court thinks fit.

No order for the payment of compensation under this section in respect of any such loss or damage shall be made in any case where the Court is satisfied that the cleansing, decontamination, or destruction from which the loss or damage resulted was necessary for the protection of the health of the public or of persons likely to be exposed to contamination.

Where the Court makes an order for the payment of any sum by way of compensation to any person under this section, the sum so awarded shall be recoverable by that person as a debt due from the Crown.

Every application to the Court under this section shall be made and dealt with by way of originating application, of which notice shall be served on the respondent by the applicant within 3 days after the date on which the application is filed in the Court.

Except as modified by subsection (5) of this section, the rules of procedure for the time being in force under the Magistrates’ Courts Act 1947 shall apply with respect to every application to the Court under this section.

Every order made by the Court under this section shall be final and binding on all parties.

Nothing in this section shall limit or affect the Customs Act 1966 or any other enactment.

If, in the opinion of any Medical Officer of Health, there is reasonable ground for suspecting that any person is in possession of any toxic substance in breach of this Act or of any regulations made under this Act, the Medical Officer of Health may require that person to produce for his inspection, or to produce to any officer specially authorised by him for the purpose, any books, documents, or other records dealing with the reception, manufacture, possession, purchase, sale, or delivery of any such toxic substance or preparation.

The Medical Officer of Health may make or cause to be made copies of or extracts from any such books, documents, or other records, and the copies or extracts, certified as such by him or by any specially authorised officer, shall be deemed to be true and correct copies or extracts, unless the contrary is proved.

Every person commits an offence against this Act who refuses or fails to comply with any requisition made pursuant to this section.

Every officer commits an offence against this Act who fails to maintain the secrecy of all matters that come to his knowledge in the performance of his official duties under this section, or who communicates any such matter to any person, except for the purpose of carrying into effect the provisions of this Act.

For the purposes of this section any goods that have been seized or impounded, whether pursuant to this Act or any other enactment, shall be deemed to be still in the possession of the person who had them in his possession when they were seized or impounded.

Any officer acting in the exercise of any of his powers under this Act may require any person who is in possession of any substance appearing to the officer to be a poison or harmful substance for sale, or for delivery upon sale, to state correctly his name and address and, so far as he is aware of them, the name and address of the person from whom he obtained the substance.

Every person commits an offence against this Act who fails, without reasonable excuse, to comply with any requirement of an officer under subsection (1) of this section.

No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact that he received any information, or the nature of such information, or the name of any person who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity, or to make any statement in relation thereto.

For the purposes of analysis, an officer may demand and select and take or obtain samples of any toxic substance, or of any substance reasonably believed by him to be a toxic substance, in accordance with this section.

When an officer intends to procure a sample of a toxic substance for the purposes of analysis, he shall—

For the purposes of subsection (2) of this section, an officer may require the person in possession of a toxic substance, or his employee or agent, to show and permit the inspection of any package containing the toxic substance and to take therefrom the sample demanded.

Where any such substance is kept for retail sale in an unopened container, no person shall be required by any officer to sell less than the whole of the contents of the container.

Nothing in this section or in section 54 of this Act shall apply to the procuring of a sample of a toxic substance from a vending machine if the officer obtains the sample by properly making payment for it and no person present admits to being in charge of the machine.

Notwithstanding anything in this section or in section 54 of this Act,—

Every person commits an offence against this Act who refuses or fails to comply with any demand or requisition made by an officer pursuant to this section.

For the purposes of this section, every person who is in possession of any toxic substance that, in the opinion of the officer, is intended for sale shall, until the contrary is proved, be deemed to be the seller of the substance or, as the case may be, the agent or employee of the seller.

When an officer has procured a sample pursuant to section 53 of this Act, he shall—

When any substance is contained in a package in such quantity that its division into 3 parts would, in the opinion of the officer, furnish parts insufficient for accurate analysis, additional containers that purport to contain a similar substance under the same brand or label may be taken or obtained, and the contents of 2 or more containers may be mixed together and the mixture divided and submitted for analysis as provided in this section.

If the officer who has procured the sample considers that it should be analysed, he shall submit 1 part of the sample to an analyst for this purpose and shall retain the third part.

Notwithstanding any of the foregoing provisions, but subject to subsection (5) of this section, if the officer reasonably believes that the substance of which he seeks to procure a sample is of such a nature or so packed that there is a risk of its quality being affected in the course and by reason of the procedure prescribed in subsection (1) of this section, or that it would be unduly hazardous to follow that procedure, the officer may submit the whole sample to the analyst instead of dividing it into 3 parts.

In any case to which subsection (4) of this section applies, if the owner of the substance or the person from whom the sample was procured so requires, the officer shall select, mark, and seal another package that purports to contain a similar substance under the same brand or label, as the case may require, and leave it with that owner or person.

The certificate of the analyst shall be in the prescribed form.

Where any method of analysis for the analysis of any toxic substance is prescribed, any analyst shall in his certificate of analysis declare that the prescribed method has been followed in the analysis.

Any certificate of the result of an analysis given by an analyst in pursuance of this section shall be signed by the analyst, but the analysis may be made by any person acting under the direction of the analyst.

When any sample is procured by an officer under this Act and submitted for analysis, the person from whom the sample was procured may, on payment of a fee not exceeding 50 cents, obtain a copy of the analyst’s certificate, or, if there is no such certificate, a copy of the report made by the analyst in respect of the sample.

Except as provided in subsection (4) of this section, no person shall be entitled to obtain a copy of any analyst’s certificate or report given in respect of any sample procured and submitted for analysis by an officer under this Act.

Every person commits an offence against this Act and is liable to a fine not exceeding $200 who causes or permits any copy of an analyst’s certificate or report furnished for the purposes of this Act to be used in any advertisement.

Subject to subsection (2) of this section, in any proceedings for an offence against this Act a certificate purporting to be signed by an analyst in the prescribed form shall, in the absence of evidence to the contrary, be sufficient evidence of the authority of the person who signed the certificate and of the facts stated in the certificate.

A certificate referred to in subsection (1) of this section shall be admissible in evidence only if—

No certificate of an analyst and no other evidence of an analysis under this Act shall be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Act or of any regulations made under this Act relating to the taking or analysing of samples have not been strictly complied with, if there has been reasonable compliance with those provisions.

Where, in any seaport or airport, any officer takes any sample pursuant to section 53 of this Act from any imported consignment of any substance, the following provisions shall apply:

Where the officer orders any goods to be impounded, he shall serve notice of his action on the importer of the goods. He shall also serve a copy of the notice on the Collector of Customs who shall ensure that the goods are not delivered from the control of the Customs without the written consent of the officer.

If, within 28 days after a notice is served on the importer under subsection (2) of this section, the importer does not satisfy the officer that the importation of the goods by the importer complies in all respects with this Act, the goods shall be forfeited to the Crown, and shall be disposed of as the Minister directs.

In any prosecution for an offence against this Act or against any regulation made under this Act, it shall be presumed, until the contrary is proved, that the contents of a container conform with any purported description of the contents shown on any label attached to the container.

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.

Every person commits an offence against this Act who, for the purpose of obtaining, whether for himself or any other person, the grant of any licence under this Act, or for any other purposes in relation to this Act,—

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $1,000.

Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.

Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act or against any regulations made under this Act may be laid at any time within 3 years after the time when the matter of the information arose.

The summons in any such proceedings shall not be made returnable in less than 14 days from the day on which it is served.

There shall be served with the summons in any such proceedings a copy of the analyst’s certificate (if any) relating to the prosecution.

Every person who commits any offence against this Act for which no penalty is provided elsewhere than in this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $500, and, if the offence is a continuing one, to a further fine not exceeding $50 for every day or part of a day during which the offence has continued.

Where an offence is committed against this Act or against any regulation made under this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence.

Notwithstanding anything in subsection (1) of this section, where any proceedings are brought by virtue of that subsection, it shall be a good defence to the charge if the defendant proves that the offence was committed without his knowledge and that he took all reasonable steps to prevent the commission of the offence.

Where any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director and every person concerned in the management of the body corporate shall be guilty of a like offence if it is proved that the act that constituted the offence took place with his authority, permission, or consent, or that he knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

In any case where a licensee is convicted of an offence against this Act, or against any regulations made under this Act, the Court may, in addition to or instead of imposing any other penalty,—

When a Court cancels a licence pursuant to subsection (1) of this section, the licence shall cease to have effect either forthwith or on the date specified by the Court, as the case may require.

When a Court pursuant to subsection (1) of this section disqualifies a person from obtaining a new licence, no licence shall be issued to that person during the period specified by the Court.

Any licence cancelled or required by the Court for endorsement under this section shall be produced by the licensee in such manner and within such time as the Court directs.

Every person commits an offence against this Act who, without reasonable excuse, fails to produce any licence in accordance with subsection (4) of this section.

For the purposes of Part IV of the Summary Proceedings Act 1957, the cancellation or endorsement of a licence, or a disqualification, under this section shall be deemed to be a sentence or part of a sentence, as the case may be.

The particulars of any cancellation, disqualification, or endorsement under this section, and the particulars of the conviction relating thereto, shall be notified in writing to the Medical Officer of Health by the Registrar of the Court.

Where any person is convicted of an offence against this Act or any regulations made under this Act, the Court may order that all fees and other expenses incidental to any analysis of the toxic substance in respect of which the conviction is entered shall be paid by the defendant.

All such fees and expenses shall be deemed to be part of the costs attending the conviction, and shall be recoverable accordingly.

Where any person is convicted of an offence against this Act or any regulations made under this Act, the Court may order that all articles (if any) in respect of which the offence was committed and in the possession of that person, and any similar articles found on the premises of the defendant or in his possession at the time of the commission of the offence, shall be forfeited to the Crown.

Every article so forfeited to the Crown shall be disposed of as the Minister directs.

Subject to subsections (2) and (3) of this section,—

may appeal to the Supreme Court.

The grounds on which an appeal may be brought under subsection (1) of this section are—

Every appeal under subsection (1) of this section shall be commenced within 28 days after the date on which notice of the decision that is the subject of the appeal has been given to the person seeking to bring the appeal, or within such extended time as the Court may allow.

Every appeal under subsection (1) of this section shall be heard and determined by the Administrative Division of the Supreme Court.

Subject to subsection (6) of this section, on any appeal under subsection (1) of this section, the Court may—

The Court shall not quash or modify the decision to which the appeal relates on any ground other than a ground specified in subsection (2) of this section.

At the hearing of an appeal under section 67 of this Act, the Court shall hear all evidence tendered and representations made by or on behalf of the appellant, or by or on behalf of the Medical Officer of Health, as the case may require, that the Court considers relevant to the subject-matter of the appeal.

The Court may, at any such hearing, receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectually with the matters before it, whether or not it would be otherwise admissible in a Court of law.

For the purpose of modifying any decision of the Medical Officer of Health, or substituting a new decision, the Court shall have all the powers and discretions that the Medical Officer of Health had in respect of the same matter.

The Court in its discretion may, having regard to the interests of all parties concerned and to the public interest, order that the hearing or any part of it shall be held in private.

Subject to the provisions of this Act, the procedure in respect of any appeal under this section shall be in accordance with rules of Court.

Subject to any order made by the Court pursuant to paragraph (a) of subsection (5) of section 67 of this Act, every decision referred to in subsection (1) of that section shall take effect according to its terms, notwithstanding that the time for appealing has not expired or that an appeal has not been determined.

No person shall be deprived of the right of appeal conferred by section 67 of this Act merely because he has accepted a licence or complied with any requirement or condition imposed under this Act.

Where the Supreme Court or the Court of Appeal modifies a decision of the Medical Officer of Health, or substitutes a new decision, the Medical Officer of Health shall take all necessary steps to implement the decision of the Court.

The Judge of the Court may, on the application of any party to an appeal under section 67 of this Act, or of his own motion, state a case for the opinion of the Court of Appeal on any question of law arising in the proceedings.

Any party to any appeal before the Supreme Court under section 67 of this Act, who is dissatisfied with any determination of the Court may, with the leave of the Court or of the Court of Appeal, appeal to the Court of Appeal.

In determining whether to grant leave to appeal under this section, the Court to which the application for leave is made shall have regard to the following matters:

The Court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.

For the purpose of determining any appeal under this Act, the Court of Appeal shall have the same powers and discretions as are conferred on the Supreme Court by sections 67 and 68 of this Act.

The decision of the Court of Appeal on any appeal under this Act shall be final.

Notwithstanding the preceding provisions of this section, the decision of the Supreme Court shall have effect according to its terms, pending the determination of any appeal under this section, unless—

Where the Court gives any direction under paragraph (b) of subsection (6) of this section, the Court may make such order with regard to the application of the decision to which the appeal under section 67 of this Act related, pending the determination of an appeal under this section, as seems to it to be just, and subsection (3) of section 69 of this Act shall apply accordingly.

Sections 3, 4, 6, 8 to 18, 26(4), (5), 34, 47(1), (5), (6)(b), (7) to (10), (12), (13), 49 to 66, 76 to 81, and 82 of this Act apply to tobacco.

Without limiting section 82 of this Act, the Governor-General may from time to time, by Order in Council, make regulations prescribing methods of testing tobacco to ascertain its composition, and prescribing the maximum amount of specified toxic substances that may be present in any tobacco, or any class of tobacco.

Section 2(1) of the Food and Drug Act 1969 is hereby amended by repealing paragraph (g) of the definition of the term “drug”.

Notwithstanding anything in section 7 or section 82 of this Act, before advising the making of an order, or giving any notice, under either of those provisions in respect of any substance that is an animal remedy or a pesticide, the Minister shall consult with the Animal Remedies Board constituted under the Animal Remedies Act 1967 or, as the case may require, the Pesticides Board constituted under the Pesticides Act 1979.

If any person, upon admission to a hospital under the control of a Hospital Board, is found to be suffering from poisoning, the Medical Superintendent or other medical officer for the time being in charge of the hospital shall forthwith give notice of the fact that that person has been so found to the Medical Officer of Health.

Every Registrar of Births and Deaths who, in his official capacity, becomes aware that any deceased person was affected by poisoning shall forthwith notify the Medical Officer of Health of the death and of the fact that the person was so affected.

The Director-General of Health may, for the purpose of protecting the public, publish statements relating to any toxic substance, or to any matter contained or implied in advertisements, either generally or in any particular advertisement or class or classes of advertisements, relating to any toxic substance.

Every statement published under this section shall be protected by qualified privilege.

Where, in the course of proceedings in any Court or before a Coroner, reference is made to any toxic substance, the Court or Coroner may in its or his discretion order that the name of that toxic substance shall not be published in relation to those proceedings at any time before the expiration of a period of 5 years from the date of the final disposal of those proceedings.

Notwithstanding anything in subsection (1) of this section, no order made under that subsection shall apply to the publication of that name to scientists, or to members of the legal, medical, dental, veterinary, nursing, or pharmaceutical professions, or to persons studying to become scientists or members of those professions, or in any publication of a scientific or technical character intended solely or principally for circulation among scientists or members of those professions or persons so studying.

Where the publication of the name of a toxic substance is prohibited under this section in relation to any proceedings, no person shall, within the said period of 5 years, publish the name of that toxic substance or any name or particulars likely to lead to the identification of that toxic substance as the toxic substance to which reference was made in those proceedings.

Nothing in this section shall limit the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.

Every person commits an offence against this Act who contravenes subsection (3) of this section.

For the purposes of this Act, every officer shall have the right at all times, subject to the convenience of the Collector or other responsible officer of Customs, to inspect any Customs entry relating to any goods imported or proposed to be imported into New Zealand, or to inspect any certificate or invoice relating to those goods, if and so long as any such document is in the possession or control of the Collector or other responsible officer.

No person who does any act in pursuance or intended pursuance of any of the functions conferred on him by or under this Act shall be under any civil or criminal liability in respect of the Act, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.

Any document required or authorised under this Act, or under any regulations made under this Act, to be served on or given to any person may be served or given by delivering it to that person, or by leaving it at his usual or last known place of residence or business, or by posting it by registered letter addressed to him at his usual or last known place of residence or business.

Every such notice posted in accordance with subsection (1) of this section shall be deemed, in the absence of proof to the contrary, to have been served or given at the time when the registered letter would be delivered in the ordinary course of post.

If the person is absent from New Zealand, the document may be served or given, in any manner referred to in subsection (1) of this section, on his agent in New Zealand.

If the person is deceased, the document may be served or given, in any manner referred to in subsection (1) of this section, on or to his personal representative.

If the person, or his place of residence or business is not known, or if he is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the document may be served or given in such manner as may be directed by a Magistrate.

Notwithstanding anything in the foregoing provisions of this section, a Magistrate may in any case make an order directing the manner in which any document is to be served or given or dispensing with the service or giving of any such document.

The Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Toxic Substances Board, make regulations for all or any of the following purposes:

Any regulations made under subsection (1) of this section may—

Notwithstanding anything in any order made or notice given pursuant to section 7 of this Act, nor in any regulations made pursuant to this section, but subject to subsection (4) of this section, any person may, at any time within 12 months after the date of the commencement of the order, notice, or regulation, sell any toxic substance to which the order, notice, or regulation relates if—

For the purposes of subsection (3) of this section, where, pursuant to section 7 of this Act, an order is made to the same effect as, and in substitution for, a notice given pursuant to that section in respect of any toxic substance, that order shall be deemed to have come into force on the date on which the notice came into force.

For the purposes of subsection (3) of this section, any goods purchased before the said date for importation into New Zealand shall be deemed to be part of the purchaser’s stock-in-trade in New Zealand.

In any proceedings for an offence against any regulation in which subsection (3) of this section is pleaded in defence the burden of proving that the provisions of that subsection are applicable shall lie on the defendant.

Without limiting the provisions of the Acts Interpretation Act 1924,—

For the purposes of subsection (1) of this section, the periods of 1 year specified in subsection (1) and subsection (2) of section 38 of this Act shall be calculated from the commencement of the day on which the licence took effect.