The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

These regulations are made under sections 117 and 118 of the Animal Products Act 1999—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety made after complying with sections 117(5) and 118(4) of that Act.

1	Title
2	Commencement
3	Principal regulations
4	Regulation 8 replaced (Exemptions)
	8	Exemption for assistance dogs
5	Schedule 1 amended
6	Schedule 2 amended
	Explanatory note
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022.

2 Commencement

These regulations come into force on 1 July 2022.

Regulations: confirmed, on 17 December 2022, by section 14 of the Secondary Legislation Confirmation Act 2022 (2022 No 82).

3 Principal regulations

These regulations amend the Animal Products (Fees, Charges, and Levies) Regulations 2007.

4 Regulation 8 replaced (Exemptions)

Replace regulation 8 with:

8 Exemption for assistance dogs

(1)

No fee, charge, or levy is payable under these regulations in respect of the export of a dog if the dog—

(a)

is an assistance dog under either or both of subclauses (2) and (3); and

(b)

is exported by travelling in the cabin of an aircraft or a vessel with its handler.

(2)

A dog is an assistance dog under this subclause if—

(a)

the dog—

(i)

is a disability assist dog as defined in section 2 of the Dog Control Act 1996; or

(ii)

is certified as having received specialist training by an organisation that is a member of the International Guide Dog Federation or Assistance Dogs International, Inc; and

(b)

the dog has assisted its handler for a continuous period of at least 6 months immediately before its export; and

(c)

a medical practitioner has determined that the dog’s handler has an ongoing dependency on the dog’s assistance.

(3)

A dog is an assistance dog under this subclause if—

(a)

the dog was imported into New Zealand within the 6 months immediately before its export; and

(b)

the import permit required for the dog under the Biosecurity Act 1993 (if any) identified the dog as an assistance dog.

(4)

In this regulation,—

handler, in relation to a dog, means the person whom the dog assists

medical practitioner means a health practitioner, as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003, who—

(a)

is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of that Act as a practitioner of the profession of medicine; and

(b)

holds a current practising certificate.

5 Schedule 1 amended

Amendments to Part 7 of Schedule 1

(1)

In Schedule 1, Part 7, table, item 1B, replace “$41.00” with “$45.00” in each place.

(2)

In Schedule 1, Part 7, table, item 2, replace “$176.00” with “$230.50” in each place.

Amendments to Part 8 of Schedule 1

(3)

In Schedule 1, Part 8 heading, replace “and callout charges” with “callout charges, and on-call charges”.

(4)

In Schedule 1, after the Part 8 heading, insert:

Interpretation

In this Part,—

double time means the rate for time worked at any of the following times on days other than public holidays:

(a)

any time between 10 pm and 8 am on a weekday:

(b)

any time between 12 am and 8 am on a Saturday:

(c)

any time after midday on a Saturday:

(d)

any time on a Sunday

public holiday has the meaning given by section 5(1) of the Holidays Act 2003

standard working hours means the hours between 8 am and 5 pm on any day except—

(a)

a Saturday or a Sunday; or

(b)

a public holiday

time and a half means the rate for time worked between the following times on days other than public holidays:

(a)

5 pm and 10 pm on a weekday:

(b)

8 am and midday on a Saturday.

(5)

In Schedule 1, Part 8, item relating to equine semen, after “per straw”, insert “, per vial, or per bag”.

(6)

In Schedule 1, Part 8, item relating to hourly rates, item (1), after “Ministry”, insert “(or persons engaged by the Ministry who are not employees)”.

(7)

In Schedule 1, Part 8, item relating to hourly rates, items (2) and (3), after “Ministry”, insert “(or a person engaged by the Ministry who is not an employee)”.

(8)

In Schedule 1, Part 8, replace the item relating to callout charges with:

Callout charges		Charge ($)
Callout charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) undertaking, outside of standard working hours and at any place or premises, specialist functions necessary for the export of live animals or germplasm:
(a) rate at time and a half		252.17 per hour or part of an hour
(b) rate at double time		318.04 per hour or part of an hour
(c) rate on a public holiday		845.13 per day or part of a day, plus 211.28 for each hour or part of an hour worked

(9)

In Schedule 1, Part 8, after the item relating to callout charges, insert:

On-call charges		Charge ($)
On-call charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) who are on call to undertake, outside of standard working hours and at any place or premises, specialist functions and activities necessary for the export of live animals or germplasm		45.00 per on-call shift (in addition to callout charges (if any))

6 Schedule 2 amended

(1)

In Schedule 2, table, item 2, replace “$1.12” with “$1.55”.

(2)

In Schedule 2, table, item 5(a),—

(a)

replace “$471.80” with “$431.08”; and

(b)

replace “$1,005.70” with “$2,566.08”.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2022, amend the Animal Products (Fees, Charges, and Levies) Regulations 2007 (the principal regulations). These regulations amend various fees and levies and make other changes.

The fees and levies in Schedules 1 and 2 of the principal regulations are amended as follows:

the shift rate for veterinary verifiers and supervising veterinary verifiers is increased from $41.00 to $45.00 above the usual rate:
the circuit charge for verifiers in certain cases is increased from $176.00 to $230.50 per hour:
the rate of levy on fish processed for export is increased from $1.12 to $1.55 per tonne of fish:
the annual levy on bee products processed for domestic consumption is decreased from $471.80 to $431.08:
the annual levy on bee products processed for export is increased from $1,005.70 to $2,566.08.

The other changes to the principal regulations are as follows:

regulation 8 is amended to broaden the description of assistance dogs whose export is exempt from any fee, charge, or levy under the principal regulations:
Part 8 of Schedule 1 is amended so that—
- the charge on equine semen that is to be exported applies to each vial or bag, as well as each straw:
- the charges for recognised persons undertaking specialist functions or activities necessary for the export of live animals or germplasm apply both to recognised persons who are employees of the Ministry for Primary Industries and to recognised persons who are engaged by the Ministry but are not employees:
- the callout charges for recognised persons undertaking those functions or activities are charged on the basis of when the recognised person works, rather than what is provided for in the recognised person’s employment contract:
- an on-call charge of $45.00 per on-call shift applies when a recognised person is on call to undertake those functions or activities.

These regulations must be confirmed by an Act before the close of 30 June 2023. If they are not confirmed, they will be revoked on the close of that date. See subpart 3 of Part 5 of the Legislation Act 2019.

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 9 March 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 May 2022.

Notes

1 General

This is a consolidation of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Secondary Legislation Confirmation Act 2022 (2022 No 82): section 14