“dairy herd testing standard means New Zealand Standard NZS 8100 that, for the avoidance of doubt, consists of NZS 8100.1 Dairy Herd Testing Part 1 - Procedures and Practices and NZS 8100.2 Dairy Herd Testing Part 2 - Core Data Requirements.”

• “(2) The following terms are defined in section 5 of the Act:

  • “(a) associated person:

  • “(b) chief executive:

  • “(c) core database:

  • “(d) herd testing:

  • “(e) interconnected body corporate.”

• “(4) Subclause (1) does not apply to a laboratory when it analyses milk samples on behalf of a certified herd tester for the purpose of regulated herd testing.”

• “(1) Every certified herd tester must collect and supply to LIC all of the herd testing data specified in Schedule 2 relating to its herd testing activities in accordance with the requirements for data set out in the dairy herd testing standard.

• “(2) The data must be supplied in a format that is compatible with LIC's systems for entering data into the core database.”

“10 Dairy herd testing standard

• Certified herd testers must comply with the dairy herd testing standard.”

“

• “(3) If the board of LIC fails to comply with subclause (1), every director commits an offence and is liable on conviction to a fine not exceeding $10,000.

  “(3A) A director or employee who fails to comply with subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

  “(3B) It is a defence to an employee charged with an offence against subclause (3A) if he or she proves that—

  • “(a) he or she did not have the information required in his or her possession or under his or her control; or

  • “(b) because of the position occupied by him or her or the duties assigned to him or her, he or she was unable to give the explanations required.

  “Compare: 1993 No 105 s 206(3)-(5).”

“Protections from liability of members

“14 Protections for members from liabilities of Panel

• A member is not liable for any liability of the Panel by reason only of being a member.

“15 Immunity of members from civil liability to third parties

• “(1) A member is not liable to any person (other than the Panel) for any act or omission by him or her in the performance or intended performance of the Panel's functions, unless it was done or omitted to be done in bad faith.

  “(2) The Panel is liable for any act or omission for which, but for this section, a member would have been liable to a person.

“16 Indemnity for members for costs from civil and criminal proceedings

• The Panel may indemnify a member for costs incurred by him or her in a proceeding—

  • “(a) that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Panel's functions; and

  • “(b) in which judgment is given in his or her favour, in which he or she is acquitted, or that is discontinued.

“17 Insurance for members

• “(1) The Panel may effect insurance for a member in relation to—

  • “(a) liability for any act or omission in the performance or intended performance of the Panel's functions; and

  • “(b) costs incurred in any proceeding relating to that liability.

  “(2) However, the insurance may cover criminal liability or criminal proceedings only if the member is acquitted.

“18 Definitions for protections from liability

• In clauses 14 to 17,—

  “effect insurance includes pay, whether directly or indirectly, the costs of the insurance

  “indemnify includes relieve or excuse from liability, whether before or after the liability arises

  “member includes a former member.”

“Annual report

“8 Annual report

• The Panel must, no later than 2 months after the end of each of its financial years, provide to the chief executive an audited annual report that includes—

  • “(a) a report on the exercise of the Panel's functions and powers during the financial year; and

  • “(b) a report on the receipt and expenditure of any income during the financial year.”