Animal Products (Fees, Charges, and Levies) Amendment Regulations 2023
2023/227
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2023
Cindy Kiro, Governor-General
Order in Council
At Wellington this 28th day of August 2023
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 117 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 section 117(5) of that Act.
Regulations
1 Title
These regulations are the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2023.
2 Commencement
These regulations come into force on 1 October 2023.
3 Principal regulations
These regulations amend the Animal Products (Fees, Charges, and Levies) Regulations 2007.
4 Schedule 1 amended
Amendments to Part 1 of Schedule 1
(1)
In Schedule 1, Part 1, table, after item 3A, insert:
| 3B | Application under section 14 for limited exemption from requirement to have risk management programme | $135 per application plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2 |
(2)
In Schedule 1, Part 1, table, item 7, after “$135 per application”
, insert “plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2”
.
(3)
In Schedule 1, Part 1, table, after item 41, insert:
| 41A | Audit of infant formula manufacturing under the Animal Products: China Overseas Market Access Requirements Notice 2023 or any replacement notice | $295 per hour |
Amendments to Part 7 of Schedule 1
(4)
In Schedule 1, Part 7, clause 3, definition of penal rate 0.5, replace paragraph (a) with:
(a)
if a shift starts before midnight and continues after midnight, the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Friday (on a day other than a statutory holiday) if a shift starts before midnight and continues after midnight, the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Friday (on a day other than a statutory holiday); and
(5)
In Schedule 1, Part 7, clause 3, definition of penal rate 0.5, revoke paragraph (c).
(6)
In Schedule 1, Part 7, clause 3, definition of penal rate 1.0, replace paragraph (a) with:
(a)
if a shift starts before midnight and continues after midnight, the rate for every hour of penal time worked by an employee during the period between 2 am and 6 am Monday to Friday; and
(7)
In Schedule 1, Part 7, clause 3, definition of penal rate 1.0, replace paragraph (d) with:
(d)
if a shift starts after midnight but before 6 am, the rate for every hour of penal time (other than the first hour) worked by an employee during the period between midnight and 6 am Monday to Friday; and
(e)
if a shift starts after midnight but before 6 am, the rate for the first hour (or part-hour) of penal time worked by an employee during a period of double time that falls between midnight at the end of Friday and midnight at the end of Sunday
(8)
In Schedule 1, Part 7, clause 3, replace the definition of penal rate 2.0 with:
penal rate 2.0 means, if a shift starts after midnight, the rate for the first hour (or part-hour) of penal time worked by an employee during the period between midnight and 6 am Monday to Friday (other than a statutory holiday)
(9)
In Schedule 1, Part 7, clause 3, replace the definition of penal time with:
penal time means—
(a)
hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours worked within a 40-hour week from Monday to Sunday or on a statutory holiday; but
(b)
does not include overtime, unless expressly stated otherwise in these regulations
(10)
In Schedule 1, Part 7, table, item 1A, replace “$41.04”
with “$51.40”
.
(11)
In Schedule 1, Part 7, table, replace item 1B(1)(a) with:
| (a) | non-shift rates— | ||||
| per hour | $79.80 | ||||
| per hour at 1½ time | $119.70 | ||||
| per hour at double time | $159.60 |
(12)
In Schedule 1, Part 7, table, replace item 1B(1)(c) with:
| (c) | penal rates | the relevant rates specified in paragraphs (a) and (b), plus an additional rate of— | |||
(i)$39.90 per hour per verifier for penal time worked at penal rate 0.5 (ii)$79.80 per hour per verifier for penal time worked at penal rate 1.0 (iii)$159.60 per hour per verifier for penal time worked at penal rate 2.0 |
(13)
In Schedule 1, Part 7, table, item 1B(1)(d), replace “$70.30”
with “$79.80”
.
(14)
In Schedule 1, Part 7, table, replace item 1B(2)(a) with:
| (a) | non-shift rates— | ||||
| per hour | $88.10 | ||||
| per hour at 1½ time | $132.10 | ||||
| per hour at double time | $176.20 |
(15)
In Schedule 1, Part 7, table, replace item 1B(2)(c) with:
| (c) | penal rates | the relevant rate specified in paragraphs (a) and (b), plus an additional rate of— | |||
(i)$44.00 per hour per verifier for penal time worked at penal rate 0.5 (ii)$88.10 per hour per verifier for penal time worked at penal rate 1.0 (iii)$176.20 per hour per verifier for penal time worked at penal rate 2.0 |
(16)
In Schedule 1, Part 7, table, item 1B(2)(d), replace “$75.10”
with “$88.10”
.
Amendments to Part 8 of Schedule 1
(17)
In Schedule 1, Part 8, table, replace the item relating to callout charges with:
| Callout charges | Charge ($) | |||
| (1) | Minimum charge | |||
| Minimum charge for recognised persons employed or engaged by the Ministry undertaking, outside of standard working hours and at any place or premises, specialist functions necessary for the export of live animals or germplasm | charge for 3 hours at the relevant hourly rate under item (2) (plus any daily rate, if applicable) | |||
| (2) | Charges for recognised persons | |||
(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 |
|||
Rachel Hayward,
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 October 2023, amend the Animal Products (Fees, Charges, and Levies) Regulations 2007 (the principal regulations). The principal regulations set out fees and charges for the performance of functions, powers, or duties required to be undertaken by the Ministry for Primary Industries under the Animal Products Act 1999 and associated regulations or notices (other than fees and charges payable by dairy processors for dairy processing operations or premises).
These amendments increase certain fees and introduce new ones. Specifically, the amendments—
increase fees for verification by verifiers based in business premises:
provide for a minimum charge for veterinarians doing live animal and germplasm work outside normal hours.
The amendments also introduce new fees for—
processing limited exemptions from the requirement to have a risk management programme:
auditing infant formula manufacturing.
In addition, the amendments—
establish a single fee structure for approval of export premises; and
align penal rates for animal product veterinary services with those set in the applicable collective agreement.
Cost recovery impact statement
The Ministry for Primary Industries produced a cost recovery impact statement on 22 March 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this cost recovery impact statement can be found at—
Date of notification in Gazette: 31 August 2023.
These regulations are administered by the Ministry for Primary Industries.