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 75, 81D, 81E, and 81H of the Agricultural Compounds and Veterinary Medicines Act 1997—

(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—

(i)

being satisfied that the requirements of sections 81 and 81B of that Act have been met; and

(ii)

taking into account the results of consultation in accordance with section 78 of that Act.

Regulations

1 Title

These regulations are the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024.

2 Commencement

(1)

These regulations come into force on 1 July 2024.

(2)

However, regulation 8(4) to (6) comes into force on 1 July 2026.

Regulations: confirmed, on 24 December 2024, by section 7 of the Secondary Legislation Confirmation Act 2024 (2024 No 58).

3 Principal regulations

These regulations amend the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015.

4 Regulation 4A amended (Levies)

(1)

Replace the heading to regulation 4A with “Levy”.

(2)

After regulation 4A(1), insert:

(1A)

The rate of the levy is—

(a)

$985 for the financial year beginning on 1 July 2024:

(b)

$1,199 for subsequent financial years.

(3)

Revoke regulation 4A(3) to (8).

5 Regulation 5 amended (When fees, charges, and levies payable)

(1)

In the heading to regulation 5, replace “levies” with “levy”.

(2)

In regulation 5,—

(a)

replace “levies notified under regulation 4A(3)” with “levy under regulation 4A”; and

(b)

replace “and levies” with “and the levy”.

6 Regulation 6 amended (Director-General may grant exemption, waiver, or refund)

In regulation 6(1), replace “levy notified under regulation 4A(3)” with “the levy under regulation 4A”.

7 Schedule 1AA amended

In Schedule 1AA, Part 1,—

(a)

in clause 1(1), replace “Until the rate of the levy referred to in regulation 4A is notified under regulation 4A(3)” with “Until the close of 30 June 2024”; and

(b)

in clause 1(2), replace “until a new rate is notified under regulation 4A(3)” with “until the close of 30 June 2024”.

8 Schedule 1 amended

Changes to fees and charges on 1 July 2024

(1)

In Schedule 1, Part 1, table,—

(a)

in item 1,—

(i)

replace “$102.27” with “$38.875”; and

(ii)

replace “after the first hour” with “after the first 15 minutes”; and

(b)

in items 2, 4 to 6, and 8 to 20, replace “$135” with “$228”; and

(c)

in items 3 and 21, replace “$67.50” with “$114”; and

(d)

in item 7, replace “$405” with “$684”.

(2)

In Schedule 1, replace Part 2 with the Part 2 set out in the Schedule of these regulations.

(3)

In Schedule 1, Part 3, clause 3, replace “$135” with “$228”.

Further changes to fees and charges on 1 July 2026

(4)

In Schedule 1, Part 1, table,—

(a)

in items 2, 4 to 6, and 8 to 20, replace “$228” with “$252”; and

(b)

in items 3 and 21, replace “$114” with “$126”; and

(c)

in item 7, replace “$684” with “$756”.

(5)

In Schedule 1, Part 2, replace “228” with “252”.

(6)

In Schedule 1, Part 3, clause 3, replace “$228” with “$252”.

9 Schedule 2 heading replaced

Replace the Schedule 2 heading with:

Schedule 2 Levy

rr 4–6

Schedule Part 2 of Schedule 1 replaced

r 8(2)

Part 2 Assessment and inspection charges on hourly basis

Where Part 1 provides for an assessment or inspection charge on an hourly basis after the first 15 minutes, 30 minutes, or hour spent on a matter (the initial period), the hourly rate for time spent by a person (whether or not employed by the Ministry) on the matter beyond the initial period is as follows, and is payable in 15-minute increments:

Matter					Hourly rate ($)
Item 1 in table in Part 1					155.50
Items 2 to 6 and 8 to 21 in table in Part 1					228

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 amend the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015 (the principal regulations). They come into force on 1 July 2024, except for regulation 8(4) to (6), which comes into force on 1 July 2026.

Regulations 1 to 3 are preliminary provisions setting out what the regulations are called, when they come into force, and which regulations they amend.

Regulation 4 increases the rate of the annual industry levy under regulation 4A of the principal regulations. The levy is increased from $540 to $985 for the financial year beginning on 1 July 2024 and to $1,199 for later years. Regulation 4 also removes the power for the Director-General of the Ministry for Primary Industries to set the rate of the levy on the basis of a formula. That power was created in 2019 but never used.

Regulations 5 to 7 and 9 make amendments that are consequential on the removal of the Director-General’s power to set the levy rate.

Regulation 8 and the Schedule adjust the fees and charges payable under the principal regulations for assessment, inspection, and other services provided by the Ministry for Primary Industries. They do this in 2 rounds. The first round, which takes effect on 1 July 2024, increases the hourly rate for most services from $135 to $228 and increases the minimum fees and charges for the services accordingly. It also increases the hourly rate for considering whether to clear agricultural compounds for entry into New Zealand from $102.27 to $155.50 and reduces the minimum charge for that service from $102.27 to $38.875. The second round, which takes effect on 1 July 2026, further increases the standard hourly rate from $228 to $252, with a corresponding increase in minimum fees and charges.

These regulations must be confirmed by an Act before the close of 30 June 2025. 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.

Cost recovery impact statement

The Ministry for Primary Industries produced a cost recovery 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 recovery impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 May 2024.

Notes

1 General

This is a consolidation of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 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 2024 (2024 No 58): section 7

Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024