National Animal Identification and Tracing Amendment Bill (No 2)

  • enacted

Schedule 2 Schedule 2 replaced

s 23

Schedule 2 Compliance and enforcement

s 55

Contents

1Production of information
2Inspection and audit of core data
3Power to determine status of person as PICA
4Power to give directions
5Power to act if person defaults
6Recovery of straying livestock
7Removal of straying livestock
8Who may carry out duties
9Restrictions on issue of search warrant
10Power of entry without warrant for inspection
11Disposal of property seized under search warrant
12Offences relating to exercise of powers
13Offences relating to information required by, or held under, this Act
14Obligation to maintain confidentiality
15Offences relating to registration, declarations, and provision of information
16Offence relating to declaration required under section 32A
17Offences relating to fitting NAIT devices
18Offence relating to transporting NAIT animals that are not fitted with NAIT devices
19Offences relating to alteration, removal, reuse, and supply of NAIT devices
20Offence of failing to comply with directions
21Offences that may be proceeded with by way of infringement notice
22Service and cancellation of infringement notices
23Form of infringement notice
24Payment of infringement fees
25Time for filing charging document
26Liability of body corporate
27Liability of principals and agents
28Liability of director or manager of body corporate
29Defences must be notified to prosecutor
30Evidence in proceedings
31Service of orders or notices

Part 1 Powers relevant to administration of NAIT scheme

Requirements for information

1 Production of information

(1)

A NAIT officer or a NAIT authorised person may direct any person, including a person who is otherwise exempted from obligations by regulations made under section 69(3)(g),—

(a)

to provide personal information about that individual, including identifying information such as the person’s name, date of birth, gender, place of residence, and place of business:

(b)

to produce information or documents:

(c)

to answer relevant questions.

(2)

The matters that may be required under subclause (1) must be reasonably necessary for the purpose of—

(a)

determining whether—

(i)

a person is duly registered as a PICA in respect of 1 or more specified NAIT locations; or

(ii)

a person is complying with this Act, regulations made under it, or standards issued under it; or

(iii)

a NAIT officer, a NAIT authorised person, or the Director-General should exercise other powers under this Act for the purpose of ascertaining and ensuring compliance with this Act; or

(b)

ascertaining the movements of NAIT animals.

(3)

This clause is subject to section 138 of the Search and Surveillance Act 2012 (which provides for a privilege against self-incrimination).

Compare: 2012 No 2 Schedule 2 cl 2

2 Inspection and audit of core data

(1)

A NAIT officer or a NAIT authorised person may, at any time, inspect or audit core data for the purpose of ascertaining compliance with—

(a)

the obligations set out in Part 3 of this Act:

(b)

any requirements of this Act, of regulations made under it, or of standards issued under it.

(2)

A fee or charge may be charged to recover the cost of the inspection or audit.

(3)

Before commencing an inspection or audit, the NAIT officer or NAIT authorised person must notify the PICA, the PICA’s delegate, and the PICA’s information provider (if any) that—

(a)

an inspection or audit (as the case may require) is to be carried out; and

(b)

the inspection or audit may be conducted on a cost-recovery basis; and

(c)

the PICA, the PICA’s delegate, or the PICA’s information provider may make a written submission before an adverse report is issued on the basis of the inspection or audit.

(3)

This clause is subject to section 138 of the Search and Surveillance Act 2012 (which provides for a privilege against self-incrimination).

Compare: 2012 No 2 Schedule 2 cl 3

3 Power to determine status of person as PICA

(1)

If there is no PICA registered for a NAIT location or other location, a NAIT officer must determine who the PICA is for that location.

(2)

The NAIT officer must take into account the following factors:

(a)

if a person (person A) is actually in charge of NAIT animals and is employed by another person (person B), whether person B agrees to person A being the PICA for the NAIT location; and

(b)

whether person A has the authority and ability to carry out the obligations arising under this Act, including—

(i)

the obligation to register as the PICA for the location; and

(ii)

the obligations of a PICA, such as—

(A)

obtaining and fitting NAIT devices for the species or sub-groups of species of NAIT animals at the location; and

(B)

declaring the movement of NAIT animals to or from the location.

(3)

Subclause (2) does not limit the matters that a NAIT officer may take into account in making a determination under subclause (1).

(4)

A NAIT officer may require evidence from person A to establish the matters required by subclause (2).

(5)

If a NAIT officer determines that person A is a PICA in accordance with the factors specified in subclause (2), the NAIT officer must—

(a)

give notice of that determination in writing to the person; and

(b)

advise the person of—

(i)

the requirements for registration as the PICA for the location; and

(ii)

the obligations that apply to that person as the PICA for that location; and

(iii)

the offences and penalties that apply for breaches of this Act or of regulations made under it.

Compare: 2012 No 2 Schedule 2 cl 4

4 Power to give directions

(1)

A NAIT officer or a NAIT authorised person may, if he or she considers it necessary,—

(a)

give directions to a PICA, a PICA delegate, or an information provider to ensure that a NAIT animal is identified and registered in the manner and within the time required by or under this Act:

(b)

give any other reasonable direction to ensure compliance with this Act, regulations made under this Act, or standards issued under it.

(2)

Directions must be given in writing but, if it is impracticable to do so in the circumstances, may be given orally. An oral direction must be followed by a written direction as soon as practicable after it has been given.

Compare: 2012 No 2 Schedule 2 cl 5

5 Power to act if person defaults

(1)

This clause applies to a person who is directed under clause 4 to take some specified action.

(2)

If the person fails to comply with the direction within the time specified in the notice or, if no time was specified in a notice under clause 4(2), within a reasonable time, a NAIT officer or a NAIT authorised person may take action, or cause action to be taken, that is reasonably necessary and appropriate for achieving the purposes of the notice.

(3)

If a specified action is required to be carried out on Māori land, the notice given to the owners must comply with section 181 of Te Ture Whenua Maori Act 1993.

(4)

The NAIT officer or a NAIT authorised person is entitled to recover the costs and expenses reasonably incurred under subclause (2) as a debt due from the person to whom the notice was given.

Compare: 2012 No 2 Schedule 2 cl 6

Part 2 Powers applying in relation to all livestock

6 Recovery of straying livestock

(1)

This Part applies to all livestock, whether or not they are NAIT animals.

(2)

If a livestock owner (person A) believes on reasonable grounds that livestock of that person have strayed onto land occupied by another person (person B) or are in the possession of person B, for the purpose of identifying and recovering any livestock,—

(a)

person A may apply in writing to a NAIT officer requesting that written notice be given to person B about the straying livestock; and

(b)

the NAIT officer may give notice to person B, requiring that person, on the date specified in the notice,—

(i)

to muster his or her livestock of the kind to which the application relates; or

(ii)

if person B is not holding such livestock on land in his or her occupation, to allow any livestock whose identity is in question to be mustered in a yard or pen.

(3)

The NAIT officer, if he or she considers it appropriate to do so, may—

(a)

enter the land and carry out the muster of livestock on person B’s land; and

(b)

on the application of person B, postpone the date fixed to muster the livestock.

(4)

Person B may recover from person A—

(a)

the reasonable expenses incurred in mustering, delivering, or holding the livestock if so ordered by a NAIT officer; and

(b)

compensation for any unavoidable damage suffered in complying with a notice given under subclause (2).

(5)

Subclause (6) applies if the NAIT officer—

(a)

is unable for good reason to deal with an application made under subclause (2) without delay; and

(b)

believes on reasonable grounds that livestock may be removed from the land or otherwise disposed of in the meantime.

(6)

The NAIT officer may, if requested to do so by person A, order livestock to be held in the manner that the NAIT officer thinks appropriate until the application is dealt with or the expiration of 7 days, whichever is the earlier.

(7)

If person B refuses or fails to comply with a notice given under subclause (2) or an order given under subclause (6), person B commits an offence and is liable on conviction to a fine not exceeding $1,000.

Compare: 2012 No 2 Schedule 2 cl 12

7 Removal of straying livestock

(1)

If an occupier of land (person A) believes on reasonable grounds that livestock owned by another person (person B) have strayed onto person A’s land,—

(a)

person A may apply in writing to a NAIT officer requesting that written notice be given to person B, requiring that person to remove livestock that belong to person B at that person’s expense; and

(b)

the NAIT officer may give notice to person B, requiring that person, on the date specified in the notice, to remove the livestock.

(2)

If a person who is a party to a covenant established to protect any of the values specified in subclause (3) (person C) believes that there are, on the covenanted land, livestock owned by person B that are likely to adversely affect the values being protected,—

(a)

person C may apply in writing to a NAIT officer for, and the NAIT officer may give, written notice to person B requiring the livestock to be removed or destroyed by the date specified in the notice; and

(b)

person C or the NAIT officer may, if the notice is not complied with by the specified date, impound the livestock at the cost of person B, until that person complies with the notice.

(3)

The values are—

(a)

the viability of threatened species or sub-groups of species of organisms:

(b)

the survival and distribution of indigenous plants or animals:

(c)

the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:

(d)

soil resources or water quality:

(e)

human health or enjoyment of the recreational value of the natural environment:

(f)

the relationship of Māori and their culture and traditions with their ancestral lands, waters, sites, wāhi tapu, and taonga.

(4)

If person B refuses or fails to comply with a notice given under this clause, that person commits an offence and is liable on conviction to a fine not exceeding $1,000.

Compare: 2012 No 2 Schedule 2 cl 13

Part 3 Search and inspection powers

8 Who may carry out duties

Any duty imposed on a NAIT officer under this Part may be carried out instead by an inspector appointed under the Biosecurity Act 1993 by the Ministry.

Compare: 2012 No 2 Schedule 2 cl 22

9 Restrictions on issue of search warrant

(1)

An issuing officer may, on application by a NAIT officer made in accordance with subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a search warrant authorising every NAIT officer to search, inspect, or examine any place, vehicle, or thing described in the application, if the issuing officer is satisfied that there are reasonable grounds—

(a)

to suspect that an offence against this Act or any regulations made under this Act has been, is being, or will be committed; and

(b)

to believe the search will find evidence in respect of the offence.

(2)

In this clause, issuing officer has the meaning given in section 3(1) of the Search and Surveillance Act 2012.

Compare: 2012 No 2 Schedule 2 cl 34

10 Power of entry without warrant for inspection

(1)

At any reasonable time a NAIT officer or a NAIT authorised person may enter and inspect a place without a warrant for the purpose of determining whether or not a person is complying with this Act, regulations made under it, or standards issued under it.

(2)

However, a NAIT officer or a NAIT authorised person must not enter or inspect a dwelling house or marae, or a building associated with a marae, except—

(a)

with the consent of the occupier; or

(b)

if a warrant has been issued under clause 9, in compliance with any conditions of the warrant.

(3)

The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply.

Compare: 2012 No 2 Schedule 2 cl 49

11 Disposal of property seized under search warrant

Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized by a constable under a search warrant and, with any necessary modifications, in respect of property seized under a search warrant by a NAIT officer.

Compare: 2003 No 114 s 68

Part 4 Offences and penalties

Offences other than infringement offences

12 Offences relating to exercise of powers

(1)

Every person commits an offence who intentionally—

(a)

threatens, assaults, obstructs, or hinders a person in the exercise of a power or the performance of a function or duty prescribed by or under this Act:

(b)

impersonates or falsely represents himself or herself as a NAIT officer or a NAIT authorised person.

(2)

Every person who commits an offence against this clause is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $100,000:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

Compare: 2012 No 2 Schedule 2 cl 77

13 Offences relating to information required by, or held under, this Act

(1)

Every person commits an offence who knowingly provides information that is materially false or misleading to—

(a)

the NAIT organisation; or

(b)

a NAIT officer or a NAIT authorised person exercising powers under this Act.

(2)

A PICA for a NAIT location or other location commits an offence who knowingly provides a materially false or misleading declaration that a NAIT animal consigned for transport or droving has been identified and registered with the NAIT organisation in accordance with this Act.

(3)

Every person commits an offence who, contrary to the provisions of this Act, knowingly accesses, uses, or discloses information on the NAIT information system that is—

(a)

personal information within the meaning of the Privacy Act 1993; or

(b)

commercially sensitive within the meaning of section 9(2)(b)(ii) of the Official Information Act 1982.

(4)

Every person commits an offence who, in the circumstances set out in subclause (5),—

(a)

uses, in the course of business or trade,—

(i)

the name NAIT organisation; or

(ii)

any other trading name used by the NAIT organisation; or

(iii)

a logo, mark, or design that identifies the NAIT organisation; or

(b)

forms an association using the name NAIT organisation, or any other trading name used by the NAIT organisation.

(5)

The circumstances referred to in subclause (4) are as follows:

(a)

the action is carried out knowingly and without the prior written approval of the NAIT organisation:

(b)

the action is carried out in a manner that misleads a person or misleadingly suggests that it was carried out with the approval of the NAIT organisation.

(6)

Every person who commits an offence against this clause is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $100,000:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

Compare: 2012 No 2 Schedule 2 cl 78

14 Obligation to maintain confidentiality

(1)

This clause applies to NAIT officers and NAIT authorised persons exercising powers or performing functions under this Act.

(2)

A person to whom this clause applies must not disclose any information that comes into the person’s knowledge while the person is exercising powers or performing functions under this Act, except—

(a)

with the consent of the person to whom the information relates; or

(b)

to the extent that the information is already in the public domain; or

(c)

to the extent that the information is used for the purposes of, or in connection with, the exercise of powers conferred by this Act; or

(d)

as provided for, by, or under this Act; or

(e)

in connection with an investigation or inquiry concerning proceedings for an offence against this Act.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $100,000:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

Compare: 2012 No 2 Schedule 2 cl 79

15 Offences relating to registration, declarations, and provision of information

(1)

Every person commits an offence who—

(a)

is, or has been determined to be, a PICA for a NAIT location or other location by a NAIT officer; and

(b)

in breach of section 26 or 27, fails to register as a PICA in accordance with this Act.

(2)

A PICA for a NAIT location or other location commits an offence who fails, unless an exemption applies,—

(a)

to register a NAIT animal at that location in accordance with this Act:

(b)

to comply with section 31 in relation to animal movements:

(c)

to comply with section 32 in relation to a NAIT animal that dies, is lost, or is exported live.

(3)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $100,000:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

(4)

Every person who commits an offence against subclause (2) is liable on conviction,—

(a)

in the case of an individual, to a fine—

(i)

not exceeding $100,000; or

(ii)

not exceeding $10,000 for each animal to which the offence relates, up to a maximum of $100,000:

(b)

in the case of a body corporate, to a fine—

(i)

not exceeding $200,000; or

(ii)

not exceeding $20,000 for each animal to which the offence relates, up to a maximum of $200,000.

Compare: 2012 No 2 Schedule 2 cl 82

16 Offence relating to declaration required under section 32A

(1)

A PICA commits an offence who fails to provide the declaration required under section 32A.

(2)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $100,000:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

17 Offences relating to fitting NAIT devices

(1)

A PICA for a NAIT location or other location commits an offence who, contrary to the requirements prescribed by regulations made under this Act,—

(a)

fails to fit a NAIT device to a NAIT animal born in that location before the animal is first moved from the location or within the time specified in regulations made under this Act, whichever is the sooner, unless an exemption applies:

(b)

in a case where a NAIT device is lost or becomes detached from a NAIT animal in that location, before the animal is moved from that location, fails—

(i)

to apply a replacement device; and

(ii)

to reregister that animal:

(c)

fits a NAIT device prescribed for 1 species or sub-group of species to an animal of another species or sub-group of species:

(d)

fits a NAIT device on an animal in a location other than a registered location:

(e)

unless an exemption applies, when a NAIT animal arrives at that location without a NAIT device, fails either to—

(i)

return the animal to the PICA who consigned the animal to the location; or

(ii)

fit a replacement device to the animal and reregister it in the manner, and within the time, specified in regulations made under this Act.

(2)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine—

(i)

not exceeding $100,000; or

(ii)

not exceeding $10,000 for each device to which the offence relates, up to a maximum of $100,000:

(b)

in the case of a body corporate, to a fine—

(i)

not exceeding $200,000; or

(ii)

not exceeding $20,000 for each device to which the offence relates, up to a maximum of $20,000 maximum of $200,000.

Compare: 2012 No 2 Schedule 2 cl 83

18 Offence relating to transporting NAIT animals that are not fitted with NAIT devices

(1)

A person commits an offence who moves from a location any NAIT animal that is not fitted with a prescribed NAIT device, unless an exemption applies.

(2)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine—

(i)

not exceeding $100,000; or

(ii)

not exceeding $10,000 for each animal to which the offence relates, up to a maximum of $100,000:

(b)

in the case of a body corporate, to a fine—

(i)

not exceeding $200,000; or

(ii)

not exceeding $20,000 for each animal to which the offence relates, up to a maximum of $200,000.

19 Offences relating to alteration, removal, reuse, and supply of NAIT devices

(1)

Every person commits an offence who—

(a)

alters or defaces a NAIT device:

(b)

unless the person is, or has been authorised by, a NAIT officer or a NAIT authorised person, removes a NAIT device from a live animal:

(c)

fits to a NAIT animal (whether dead or alive) a NAIT device removed from another NAIT animal, whether dead or alive:

(d)

manufactures or supplies a device that does not comply with the requirements of regulations made, or standards issued, under this Act, while purporting that it is a NAIT device:

(e)

without the prior written approval of the NAIT organisation, sells or trades a NAIT device supplied by a manufacturer or an importer of NAIT devices:

(f)

without the prior written approval of the NAIT organisation, reuses, sells, or trades a radio-frequency identification device component extracted from a NAIT device.

(2)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine—

(i)

not exceeding $100,000; or

(ii)

not exceeding $10,000 for each device to which the offence relates, up to a maximum of $100,000:

(b)

in the case of a body corporate, to a fine—

(i)

not exceeding $200,000; or

(ii)

not exceeding $20,000 for each device to which the offence relates, up to a maximum of $200,000.

(3)

There is no offence under subclause (1)(b) in the case of removal of a NAIT device at, or immediately before, slaughter.

Compare: 2012 No 2 Schedule 2 cl 84

20 Offence of failing to comply with directions

(1)

Every person commits an offence who fails to comply with directions given by a NAIT officer or a NAIT authorised person under—

(a)

clause 1; or

(b)

clause 4.

(2)

Every person who commits an offence against subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $100,000; or

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

Compare: 2012 No 2 Schedule 2 cl 85

Infringement offences

21 Offences that may be proceeded with by way of infringement notice

(1)

This clause applies when a person is alleged to have committed an infringement offence.

(2)

Proceedings may be taken against a person by serving an infringement notice on the person under clause 22.

(3)

If an infringement notice is served,—

(a)

proceedings for an offence may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and

(b)

section 21 of that Act applies with the necessary modifications.

(4)

In this clause and clauses 22 to 24,—

infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under this Act to be payable for the offence

infringement offence means an offence that is declared, by regulations made under section 69, to be an infringement offence for the purposes of this Act.

Compare: 2012 No 2 Schedule 2 cl 86

22 Service and cancellation of infringement notices

(1)

An infringement notice may be served on a person by a NAIT officer or a NAIT authorised person if the officer or authorised person—

(a)

observes the person committing an infringement offence; or

(b)

reasonably believes that the person is committing an infringement offence; or

(c)

reasonably believes that the person has committed an infringement offence.

(2)

An infringement notice may be cancelled by a NAIT officer or a NAIT authorised person if—

(a)

the interests of justice require cancellation; and

(b)

neither the particulars of a reminder notice nor a notice of hearing relating to the infringement notice has been filed in the District Court.

(3)

An infringement notice is cancelled by the service of a cancellation notice.

(4)

An infringement notice or a cancellation notice may be served by a NAIT officer or a NAIT authorised person personally delivering it to the person alleged to have committed the infringement offence, though a different NAIT officer or NAIT authorised person from the one who issued the notice may deliver the notice, and the notice served may be a copy.

(5)

Alternatively, an infringement notice or a cancellation notice may be served by post addressed to,—

(a)

if the person is a natural person,—

(i)

the address of the person’s last-known place of residence; or

(ii)

the address on the person’s driver licence; or

(iii)

the person’s address on the latest electoral roll; or

(iv)

the person’s last-known registered address, if the person has or has had a registered address for any purpose; or

(v)

the person’s address in the latest telephone directory; or

(vi)

the address of the person’s last-known place of business; or

(b)

if the person is not a natural person,—

(i)

the person’s last-known registered address, if the person has or has had a registered address for any purpose; or

(ii)

the person’s address in the latest telephone directory; or

(iii)

the address of the person’s last-known place of business.

(6)

For the purposes of the Summary Proceedings Act 1957, an infringement notice or a cancellation notice served under subclause (5) is treated as having been served on the person at the time when it was posted.

Compare: 2012 No 2 Schedule 2 cl 87

23 Form of infringement notice

(1)

An infringement notice must be in the form prescribed by regulations made under section 69.

(2)

The prescribed form must contain the following details:

(a)

sufficient information for the person served with the notice of the time, place, and nature of the alleged infringement offence; and

(b)

the amount of the infringement fee prescribed for the infringement offence; and

(c)

the time within which the infringement fee must be paid; and

(d)

the address of the place at which the infringement fee must be paid; and

(e)

a statement of the person’s right to ask for a hearing; and

(f)

a statement of the person’s right to ask for cancellation of the notice; and

(g)

a statement of what will happen if the person does not pay the infringement fee or ask for a hearing or for cancellation of the notice; and

(h)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957.

Compare: 2012 No 2 Schedule 2 cl 88

24 Payment of infringement fees

All infringement fees paid for infringement offences must be paid to the Ministry.

Compare: 2012 No 2 Schedule 2 cl 89

General provisions applying to offences under Act

25 Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a charging document for any offence against this Act must be filed within 2 years after the date on which the matter giving rise to the charge first became known, or should have become known, to the Ministry or the NAIT organisation.

Compare: 2012 No 2 Schedule 2 cl 90

26 Liability of body corporate

(1)

This clause applies when—

(a)

a body corporate is charged with an offence against this Act; and

(b)

for the purpose of the prosecution, it is necessary to establish the body corporate’s state of mind.

(2)

It is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of his or her actual or apparent authority, had the state of mind.

Compare: 2012 No 2 Schedule 2 cl 91

27 Liability of principals and agents

(1)

Subclause (2) applies if an offence is committed against this Act by a person (person A) acting as the agent or employee of another (person B).

(2)

Person B is liable for the offence as if person B had personally committed it, if it is proved that person B—

(a)

authorised, permitted, or consented to the act constituting the offence; or

(b)

knew the offence was, or was to be, committed and failed to take all reasonable steps to prevent or stop it.

(3)

Subclause (2) does not prejudice the liability of person A.

Compare: 2012 No 2 Schedule 2 cl 92

28 Liability of director or manager of body corporate

If a body corporate is convicted of an offence against this Act, a director or manager of the body corporate is also guilty of the offence if it is proved that the director or manager—

(a)

authorised, permitted, consented, or participated in the act or omission that constituted the offence; or

(b)

knew, or could reasonably be expected to have known, that the offence was to be, or was being committed and failed to take all practicable steps to prevent or stop it.

Compare: 2012 No 2 Schedule 2 cl 93

29 Defences must be notified to prosecutor

(1)

In a prosecution for an offence against clause 15, 16, 17, 18, 19, or 20, it is a defence if the defendant proves—

(a)

that the defendant took all reasonable steps to avoid committing the offence; or

(b)

that the act or omission constituting the offence—

(i)

took place in circumstances of an adverse event or an emergency; and

(ii)

was necessary for the preservation, protection, or maintenance of animal or human life or for animal welfare purposes.

(2)

A defence is available only if the defendant provides to the prosecutor a written notice—

(a)

stating that the defendant intends to rely on a defence under subclause (1); and

(b)

specifying, as relevant,—

(i)

for a defence under subclause (1)(a), the reasonable steps that the defendant claims to have taken:

(ii)

for a defence under subclause (1)(b), the circumstances of the adverse event or emergency and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of animal or human life or for animal welfare purposes.

(3)

A notice given under subclause (2) must be provided to the prosecutor—

(a)

not later than 7 working days after the summons has been served on the defendant; or

(b)

with the leave of the court, within any further time that the court allows.

Compare: 2012 No 2 Schedule 2 cl 94

30 Evidence in proceedings

(1)

In proceedings for an offence against this Act, a certificate or document that purports to be signed by the Director-General or delegate stating that a named person was, at or within the specified date or period, a NAIT officer or a NAIT authorised person—

(a)

is admissible in evidence; and

(b)

unless the contrary is proved, is sufficient evidence of the contents of the certificate or document.

(2)

A certificate or document referred to in subclause (1) includes an electronic copy of the certificate or document.

Compare: 2012 No 2 Schedule 2 cl 95

31 Service of orders or notices

(1)

If an order or a notice is to be given to a person for the purposes of this Act, it may be given—

(a)

by delivering it personally to the person; or

(b)

by delivering it at the usual or last-known place of residence or business of the person, including by fax or by electronic mail; or

(c)

by sending it by prepaid post addressed to the person at the usual or last-known place of residence or business of the person.

(2)

If an order or a notice is to be served on a body corporate for the purposes of this Act, service on an officer of the body corporate or on the registered office of the body corporate in accordance with subclause (1) is deemed to be service on the body corporate.

(3)

If an order or a notice is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subclause (1) or (2) is deemed to be service on the partnership.

(4)

If an order or a notice is sent by post to a person in accordance with subclause (1)(c), the order or notice is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.

(5)

This clause is subject to any other provision of this Act that provides differently for the service of orders or notices.

Compare: 2012 No 2 Schedule 2 cl 96