Animal Products (Fees, Charges, and Levies) Amendment Regulations 2024
2024/86
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2024
Cindy Kiro, Governor-General
Order in Council
At Wellington this 27th day of May 2024
Present:
Her Excellency the Governor-General in Council
These regulations are made under sections 117 and 166 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 being satisfied that the requirements of sections 113 and 115 of that Act have been met.
Regulations
1 Title
These regulations are the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2024.
2 Commencement
These regulations come into force on 1 July 2024.
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, after item 45, insert:
| 46 | Application to list as a beekeeper under the Animal Products Notice: General Export Requirements for Bee Products dated 16 May 2024 or any replacement notice | $135 per application | |
| 47 | Application to renew listing as a beekeeper under the Animal Products Notice: General Export Requirements for Bee Products dated 16 May 2024 or any replacement notice | $67.50 per application | |
| 48 | Application for a bee product, sourced from a beekeeper whose listing has expired, to be assessed as fit for purpose under the Animal Products Notice: General Export Requirements for Bee Products dated 16 May 2024 or any replacement notice | $135 per application plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2 |
|
| 49 | Application to re-establish eligibility for export with an official assurance under the Animal Products Notice: Official Assurance Requirements, dated 20 September 2023, or any replacement notice | $135 per application plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2 |
|
| 50 | Failure to make use of a scheduled veterinarian booking without giving the Ministry prior notice of cancellation of the booking | $46.575 |
Amendments to Part 7 of Schedule 1
(2)
In Schedule 1, Part 7, after clause 2, insert:
2A
Costs specified in this Part as an hourly charge or rate must be calculated by—
(a)
adding together the total number of 15-minute units spent by an officer or employee of the Ministry on a verification function; and
(b)
multiplying the total number of units by 25% of the applicable hourly rate.
2B
However, if the amount calculated under clause 2A is less than a minimum charge specified in item 3 of the table, the charge payable is the minimum charge.
(3)
In Schedule 1, Part 7, clause 3, insert in their appropriate alphabetical order:
Ministry holiday means a day designated by the Director-General as a Ministry holiday and notified on a publicly accessible internet site maintained by or on behalf of the Ministry
normal time means time worked by a verifier, excluding time worked—
(a)
at time and a half; or
(b)
at double time; or
(c)
at penal time; or
(d)
on an after-hours call-out
public holiday has the meaning given by section 44 of the Holidays Act 2003
(4)
In Schedule 1, Part 7, clause 3, replace the definition of after-hours callout charges with:
after-hours call-out means circumstances in which a veterinary or non-veterinary verifier, having left a place or premises, has been recalled to duty for the purpose of carrying out a verification function outside of that verifier’s normal hours of work
(5)
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 public holiday or Ministry holiday); and
(6)
In Schedule 1, Part 7, clause 3, definition of penal rate 1.0, paragraph (c), replace “statutory holiday”
with “public holiday or Ministry holiday”
.
(7)
In Schedule 1, Part 7, clause 3, definition of penal rate 2.0, replace “statutory holiday”
with “public holiday or Ministry holiday”
.
(8)
In Schedule 1, Part 7, clause 3, definition of penal time, paragraph (a), replace “statutory holiday”
with “public holiday or Ministry holiday”
.
(9)
In Schedule 1, Part 7, table, replace items 1 to 3 with the items 1 to 3 set out in Schedule 1 of these regulations.
Part 8 of Schedule 1 replaced
(10)
In Schedule 1, replace Part 8 with the Part 8 set out in Schedule 2 of these regulations.
Schedule 1 Items 1 to 3 of table in Part 7 of Schedule 1 replaced
| 1 | Establishment charge | ||||
| A | Basic hourly charge on export and game sectors | ||||
For each hour of normal time spent by a verifier in verification functions |
$48.35 | ||||
| B | Hourly charges for verifiers | ||||
| (1) | Veterinary verifier— | ||||
| (a) | non-shift rates— | ||||
| per hour at normal time | the basic hourly charge specified in item A, plus an additional rate of $79.80 per verifier per hour working at normal time | ||||
| per hour at 1½ time | $168.05 | ||||
| per hour at double time | $207.95 | ||||
| (b) | shift rates | the relevant rate specified in paragraph (a), plus an additional rate of— (i)$45.00 per shift per verifier for evening shift (ii)$45.00 per shift per verifier for night shift |
|||
| (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 |
|||
| (d) | reserve rate | the basic hourly charge specified in item A, plus an additional rate of $79.80 per hour per reserve verifier | |||
| (e) | charges for after-hours call-outs (other than on public holidays or Ministry holidays) | $149.18 per hour per verifier working at 1½ time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||
| $182.79 per hour per verifier working at double time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||||
| (f) | charges for after-hours call-outs (public holidays or Ministry holidays) | $115.57 per hour per verifier, plus $537.77 per day per verifier | |||
| (2) | Supervising veterinary verifier— | ||||
| (a) | non-shift rates— | ||||
| per hour normal time | the basic hourly charge specified in item A, plus an additional rate of $88.10 per verifier per hour working at normal time | ||||
| per hour at 1½ time | $180.50 | ||||
| per hour at double time | $224.55 | ||||
| (b) | shift rates | the relevant rate specified in paragraph (a), plus an additional rate of— (i)$45.00 per shift per verifier for evening shift (ii)$45.00 per shift per verifier for night shift |
|||
| (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 |
|||
| (d) | reserve rate | the basic hourly charge specified in item A, plus an additional rate of $88.10 per hour per reserve verifier | |||
| (e) | charges for after-hours call-outs (other than on public holidays or Ministry holidays) | $169.08 per hour per verifier working at 1½ time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||
| $209.32 per hour per verifier working at double time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||||
| (f) | charges for after-hours call-outs on public holidays or Ministry holidays | $128.84 per hour per verifier, plus $643.91 per day per verifier | |||
| 2 | Circuit charge | ||||
| Hourly charges for verifiers (for all verification activities) | |||||
| Verifier— | |||||
| (a) | non–penal rates | $206.70 per hour per verifier working at normal time | |||
| $250.62 per hour per verifier working at 1½ time | |||||
| $294.54 per hour per verifier working at double time | |||||
| (b) | penal rates | the relevant rate specified in paragraph (a), plus an additional rate of— (i)$43.92 per hour per verifier for penal time worked at penal rate 0.5 (ii)$87.84 per hour per verifier for penal time worked at penal rate 1.0 (iii)$175.68 per hour per verifier for penal time worked at penal rate 2.0 |
|||
| (c) | charges for after-hours call-outs (other than on public holidays or Ministry holidays) | $217.68 per hour per verifier working at 1½ time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||
| $250.62 per hour per verifier working at double time (plus flat rate of $8.70 breakfast shift charge, if applicable) | |||||
| (d) | charges for after-hours call-outs on public holidays or Ministry holidays | $184.74 per hour per verifier, plus $527.05 per day per verifier | |||
| 3 | Minimum charges for after-hours call-outs | ||||
| A | Minimum charge for after-hours call-outs (other than on public holidays or Ministry holidays) | ||||
If a verifier is required to attend an after-hours call-out (other than on a public holiday or Ministry holiday), the minimum charge payable is 3 hours at the applicable hourly rate under item 1B(1)(e) or (2)(e) or item 2(c), plus flat rate of $8.70 breakfast shift (if applicable) |
|||||
| B | Minimum charge for after-hours call-outs on public holidays or Ministry holidays | ||||
If a verifier is required to attend an after-hours call-out on a public holiday or Ministry holiday, the minimum charge payable is 3 hours at the applicable hourly rate under item 1B(1)(f) or (2)(f) or item 2(d), plus the applicable daily rate under those items |
|||||
Schedule 2 Part 8 of Schedule 1 replaced
Part 8 Unit charges, hourly rates, after-hours call-out charges, and on-call charges in respect of export of live animals and animal germplasm
Preliminary provisions
1
Costs specified in this Part as payable at an hourly rate must be calculated by—
(a)
adding together the total number of 15-minute units spent by a recognised person employed or engaged by the Ministry on an activity; and
(b)
multiplying the total number of units by 25% of the applicable hourly rate.
2
However, if the amount calculated under clause 1 is less than a minimum charge specified in item 3 of the table, the charge payable is the minimum charge.
3
In this Part,—
after-hours call-out means circumstances in which a person, having left a place or premises, has been recalled to duty for the purpose of carrying out an activity outside of that person’s normal hours of work
double time refers to overtime hours worked by a person for which the person is entitled, by an employment contract or other agreement with the Ministry, to double time rates
Ministry holiday means a day designated by the Director-General as a Ministry holiday and notified on a publicly accessible internet site maintained by or on behalf of the Ministry
penal rate 0.5 means,—
(a)
if a shift starts before midnight and continues after midnight, the rate per hour of penal time worked by a person during the period between midnight and 2 am Monday to Friday (on a day other than a public holiday or Ministry holiday); and
(b)
the rate per hour of the first 3 hours of penal time worked by a person during the period between—
(i)
midnight at the end of Friday; and
(ii)
midday Saturday
penal rate 1.0 means,—
(a)
if a shift starts before midnight and continues after midnight, the rate for every hour of penal time worked by a person during the period between 2 am and 6 am Monday to Friday; and
(b)
the rate for every hour of penal time worked by a person during the period from midnight at the end of Friday to midnight at the end of Sunday other than hours to which penal rate 0.5 applies; and
(c)
the rate for every hour of penal time worked by a person on a public holiday or Ministry holiday; and
(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 a person 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 a person during a period of double time that falls between midnight at the end of Friday and midnight at the end of Sunday
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 a person during the period between midnight and 6 am Monday to Friday (other than a public holiday or Ministry holiday)
penal time means—
(a)
hours worked by a person for which the person is entitled, by an employment contract or other agreement with the Ministry, to penal rates, being hours worked within a 40-hour week from Monday to Sunday or on a public holiday or Ministry holiday; but
(b)
does not include overtime, unless expressly stated otherwise in these regulations
public holiday has the meaning given by section 44 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 or Ministry holiday
time and a half refers to overtime hours worked by a person for which the person is entitled, by an employment contract or other agreement with the Ministry, to time and a half rates.
| 1 | Unit charges payable for each relevant unit to be exported | Charge | ||
| Note: If an animal is a zoo animal and comes within the description of another animal, only the unit charge for the animal as a zoo animal is payable. | ||||
| Cats and dogs (including semen) (per animal or semen consignment) | $114.44 | |||
| Equine animals (per animal) | $41.22 | |||
| Equine semen (per straw), per vial, or per bag | $3.09 | |||
| Livestock (only bovine, caprine, cervine, ovine, and porcine) (per animal) | $10.83, with a maximum charge of $54,150 per consignment | |||
| Bovine semen (per straw) | $0.08, with a maximum charge of $3,200 per consignment | |||
| Caprine and ovine semen (per straw) | $7.87, with a maximum charge of $314,800 per consignment | |||
| Cervine semen (per straw) | $7.90, with a maximum charge of $316,000 per consignment | |||
| Embryos and ova (only bovine, caprine, cervine, and ovine) (per embryo or ovum) | $22.64, with a maximum charge of $905,600 per consignment | |||
| Porcine semen (per straw) | $0.17, with a maximum charge of $6,800 per consignment | |||
| Day-old chicks and hatching eggs (only poultry and ducklings) (per chick or egg) | $0.02, with a maximum charge of $600 per consignment | |||
| Bumble bees | $0.32 | |||
| Either per kg of honey bees (including a queen bee if applicable) or per queen bee (including a small number of attendant bees) | $0.32 | |||
| Lamoids (per animal) | $257.50 | |||
| Birds (excluding budgies, lovebirds, cockatiels, finches, and rosellas) (per bird) | $17.89, with a maximum charge of $536.70 per consignment | |||
| Budgies, lovebirds, cockatiels, finches, and rosellas (per bird) | $0.27 | |||
| Zoo animals (per animal) | $572.63 | |||
| Other animals and animal germplasm not specified (per consignment) | $114.44 |
| 2 | Hourly and daily rates | |||||
| (1) | Item 2(2) sets out hourly rates for recognised persons employed or engaged by the Ministry undertaking any of the following: | |||||
| (a) | specialist functions and activities necessary for the export of live animals (other than cats or dogs) or germplasm: | |||||
| (b) | specialist functions and activities necessary for the export of live cats or dogs (excluding cat or dog germplasm): | |||||
| (c) | negotiating with an importing country, on behalf of an exporter, alternative measures for meeting access requirements for overseas markets: | |||||
| (d) | negotiating, on behalf of an exporter (except for exporters of cats or dogs), new access requirements for overseas markets | |||||
| (2) | The relevant hourly rates are— | |||||
| (a) | rate during standard working hours | $186.30 per hour | ||||
| (b) | rate at time and a half | $236.67 per hour | ||||
| (c) | rate at double time | $287.04 per hour | ||||
| (d) | penal rates | the applicable rate specified in paragraphs (a) to (c), plus an additional rate of— (i)$50.37 per hour for penal time worked at penal rate 0.5 (ii)$100.74 per hour for penal time worked at penal rate 1.0 (iii)$201.48 per hour for penal time worked at penal rate 2.0 |
||||
| (e) | after-hours call-outs (other than on public holidays or Ministry holidays)— | |||||
| rate at time and a half | $198.89 per hour | |||||
| rate at double time | $236.67 per hour | |||||
| (f) | after-hours call-outs on a public holiday or Ministry holiday | $161.11 per hour, plus $604.44 per day | ||||
| 3 | Minimum charges | Charge | ||||
| A | Minimum charges (other than for after-hours call-outs) | |||||
| (1) | Minimum charge payable for activities under item 2(1)(a) | $93.15 | ||||
| (2) | Minimum charge payable for activities under item 2(1)(b) | $186.30 for the first cat or dog being inspected, plus a further $46.575 for each additional cat or dog being inspected at the same time | ||||
| (3) | Minimum charge payable for activities under item 2(1)(c) | $93.15 | ||||
| (4) | Minimum charge payable for activities under item 2(1)(d) | $93.15 | ||||
| B | Minimum charge for after-hours call-outs (other than on public holidays or Ministry holidays) | |||||
| Minimum charge payable for persons carrying out activities under item 2(1)(a) to (d) on an after-hours call-out (other than on a public holiday or Ministry holiday) | 3 hours at the applicable hourly rate under item 2(2)(e) | |||||
| C | Minimum charge for after-hours call-outs on public holidays or Ministry holidays | |||||
| Minimum charge payable for persons carrying out activities under item 2(1)(a) to (d) on an after-hours call-out on a public holiday or Ministry holiday | 3 hours at the applicable hourly rate under item 2(2)(f), plus the applicable daily rate under item 2(2)(f) | |||||
| 4 | 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 after-hours call-outs to perform specialist functions and activities necessary for the export of live animals or germplasm | $45.00 per on-call shift (in addition to after-hours call-out charges (if any)) | |||||
Nicola Purvis,
Acting 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 2024, 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 certain functions, powers, or duties undertaken by or on behalf of the Ministry for Primary Industries (the Ministry) under the Animal Products Act 1999 and associated secondary legislation (other than fees and charges payable by dairy processors for dairy processing operations or premises). These amendment regulations—
adjust some of the charges for work done at time and a half and double time, work on circuits, after-hours call-outs, and penal rates (for work by verifiers), so as to better reflect the cost of those things to the Ministry, remove anomalies, or correct for past over-recovery of costs (regulation 4(9) and (10)):
introduce charges for certain applications under the Animal Products Notice: General Export Requirements for Bee Products (dated 16 May 2024) or any replacement notice (regulation 4(1)):
introduce a charge for applications to re-establish export eligibility under the Animal Products Notice: Official Assurance Requirements (dated 20 September 2023) or any replacement notice (regulation 4(1)):
introduce a charge of $46.575 for failing to make use of a scheduled veterinarian booking without giving the Ministry prior notice of cancellation (regulation 4(1)):
clarify that costs specified as an hourly rate or charge in Part 7 and new Part 8 of Schedule 1 are payable in 15-minute increments (regulation 4(2), (9) and (10)):
extend the existing regime for higher costs to apply to work carried out on public holidays, so that it also applies to work carried out on designated Ministry holidays (typically, 3 weekdays between Boxing Day and New Year’s Day) (regulation 4(3) and (5) to (10)):
introduce fixed minimum charges for standard-length inspections of cats and dogs being exported from New Zealand (regulation 4(10)):
introduce bespoke call-out charges for work on public holidays and Ministry holidays into Part 7 of Schedule 1, applying to work by verifiers (regulation 4(9)):
enable the Ministry to recover costs for staff, supporting the export of animals, who are working at time and a half or double time rates on work that is not an after-hours call-out, instead of only being able to recover those costs on call-outs (regulation 4(10)).
The regulations also expand the Ministry’s ability to recover penal costs. Under the principal regulations, penal costs are chargeable under Part 7 of Schedule 1 for time worked by verifiers at penal rates, such as during a scheduled shift between midnight and 6 am. The amendment regulations extend the ability to recover penal costs to also apply to work done at penal rates by staff supporting the live export of animals or germplasm under Part 8 of Schedule 1 (regulation 4(10)).
Regulation 4(10) replaces Part 8 of Schedule 1 to make the changes set out above. The items in Part 8 relating to unit charges for animal exports are unchanged.
Cost regulatory impact statement
The Ministry for Primary Industries produced a cost regulatory impact statement on 4 April 2024 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this cost regulatory impact statement can be found at—
Date of notification in Gazette: 30 May 2024.
These regulations are administered by the Ministry for Primary Industries.