National Animal Identification and Tracing Amendment Bill (No 2)

  • enacted

Schedule 3 Enactments amended

s 24

Part 1Search and Surveillance Act 2012 amended

Search and Surveillance Act 2012 (2012 No 24)

In the Schedule, insert in its appropriate alphabetical order:

Column 1Column 2Column 3Column 4
ActSectionBrief description of powerWhich provisions in Part 4 apply
National Animal Identification and Tracing Act 2012clause 9, Schedule 2NAIT officer may obtain and execute search warrant to search for evidence of offence against National Animal Identification and Tracing Act 2012 or regulations made under itAll (except sections 118 and 119)
clause 10, Schedule 2NAIT officer or NAIT authorised person may enter and inspect any place (other than dwelling house or marae) to determine whether the National Animal Identification and Tracing Act 2012 and any regulations or standards under that Act are being complied withSubparts 1, 4, 7, 9, and 10 (except sections 118 and 119)
clause 11, Schedule 2Property seized under search warrant issued under clause 9 of Schedule 2 of the National Animal Identification and Tracing Act 2012 may be disposed ofSubparts 1, 5, 6, 7, 9, and 10

Part 2Legislative instruments amended

National Animal Identification and Tracing (Fees and Forms) Regulations 2012 (SR 2012/114)

Revoke regulation 4(2).

Replace regulation 4(2B) with:

(2B)

The fee payable under section 43 of the Act—

(a)

for an application described in section 46(3), (6), (9), or (12) of the Act is $150; and

(b)

for an application described in section 46(16) or (18) of the Act is $135 per hour, up to a maximum of 72 hours.

After regulation 4, insert:

4A Calculation of fee payable for accreditation

(1)

The fee payable under section 20(3)(c) of the Act for an application for accreditation of an entity as an information provider is—

(a)

for applicants with fewer than 1,000 clients, $135 per hour, up to a maximum of 16 hours:

(b)

for applicants with 1,000 to 4,999 clients, $135 per hour, up to a maximum of 22 hours:

(c)

for applicants with 5,000 or more clients, $135 per hour, up to a maximum of 32 hours.

(2)

The fee payable under section 20(3)(c) of the Act for an application for accreditation of an entity dealing with NAIT animals is $135 per hour, up to a maximum of 22 hours.

(3)

If any travel by a NAIT officer the NAIT organisation is required for the purpose of assessing the application, an additional amount of $0.72 per kilometre travelled by the officer must be added to the fee payable under subclause (1) or (2).

(4)

The fee payable under this regulation is inclusive of goods and services tax.

(5)

In this regulation, client means a PICA for which the applicant will perform a function or duty specified in section 18 of the Act.

National Animal Identification and Tracing (Levies) Regulations 2012 (SR 2012/115)

In regulation 3, definition of levy, paragraph (c), replace “impracticable” with “unsafe”.

In regulation 5(3), replace “impracticable to tag” with “unsafe to tag”.

In regulation 5(3)(a), replace “impracticable to fit” with “unsafe to fit”.

In regulation 6(3), replace “impracticable” with “unsafe”.

In regulation 7(1) and (4), replace “impracticable” with “unsafe”.

In regulation 10(3), replace “impracticable” with “unsafe”.

In regulation 13(1) and (2), replace “impracticable” with “unsafe”.

National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 (SR 2012/116)

In regulation 3, definition of location information, after paragraph (a), insert:

(ab)

includes any Land Information New Zealand parcel information associated with the NAIT location; and

After regulation 9, insert:

9A Declaration under section 32A of prescribed livestock under PICA’s charge

(1)

A PICA making a declaration under section 32A must provide, in respect of each NAIT location or other location, the following information about prescribed livestock under the PICA’s charge:

(a)

an estimate of the total number of prescribed livestock at the location as at 30 June; and

(b)

a description of each species and subspecies (if applicable) of prescribed livestock at the location; and

(c)

the number of prescribed livestock of each species or subspecies at the location.

(2)

For the purposes of section 32A, prescribed livestock means the following animals:

(a)

alpacas:

(b)

emus:

(c)

goats:

(d)

llamas:

(e)

ostriches:

(f)

pigs:

(g)

sheep.

In regulation 10(6), after “NAIT location”, insert “or other location”.

In the cross-heading above regulation 13, replace 31 with 31A.

In regulation 14, replace “31” with 31A.

In the cross-heading above regulation 15, replace 31 with 31A.

In regulation 15, replace “31” with 31A.

Replace regulation 17 with:

17 Exemption if unsafe to fit device
NAIT animals to which regulation applies

(1)

This regulation applies to NAIT animals except for fallow deer.

Exemption

(2)

A PICA is exempt from the obligations in sections 30 and 31A if the PICA decides that it is unsafe for the PICA to fit a NAIT device to the animal.

(3)

It is a condition of the exemption that, during the period of the exemption, an owner of the animal pay any levy set under the Act on the owner of a NAIT animal that is not fitted with a NAIT device.

Animal movements to which this regulation applies

(4)

This regulation applies to the movement of the animal to a place that is a meat processing facility, game estate, safari park, or zoo.

Condition on point of origin PICA

(5)

It is a condition of the exemption that, when the animal is to be moved, the point of origin PICA—

(a)

provide the information described in subclause (6) in a form supplied by the NAIT organisation; and

(b)

provide the form to—

(i)

the NAIT organisation; and

(ii)

the destination PICA at the place to which the animal is to be moved; and

(c)

ensure that the completed form is received by the NAIT organisation and the destination PICA before the movement starts; and

(d)

ensure that the animal is visibly identifiable before the movement starts.

(6)

The information is—

(a)

the point of origin PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the start date of the animal movement.

Condition on destination PICA who knows facts correct

(7)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA knows that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

confirm to the NAIT organisation that the facts are correct; and

(b)

provide to the NAIT organisation the end date of the animal movement; and

(c)

do the confirming and providing within 48 hours after the end of the day on which the movement ends.

Condition on destination PICA who does not know facts correct

(8)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA does not know that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

provide the information described in subclause (9); and

(b)

provide it to the NAIT organisation; and

(c)

provide it within 48 hours after the end of the day on which the movement ends.

(9)

The information is—

(a)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and

(b)

the point of origin PICA’s—

(i)

NAIT number, if the point of origin PICA is registered as a PICA; or

(ii)

name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the end date of the animal movement.

Review

(10)

The NAIT organisation must, as soon as practicable after the date that is 5 years after the National Animal Identification and Tracing Amendment Act (No 2) 2019 comes into force,—

(a)

review the need for this exemption; and

(b)

provide the Minister with a written report of the review and the NAIT organisation’s recommendations.

17A Exemption if impracticable to fit device
NAIT animals to which regulation applies

(1)

This regulation applies to NAIT animals that are fallow deer.

Exemption

(2)

A PICA is exempt from the obligations in sections 30 and 31A if the PICA decides that it is impracticable for the PICA to fit a NAIT device to the animal.

(3)

It is a condition of the exemption that an owner of the animal pay any levy set under the Act on the owner of a NAIT animal that is not fitted with a NAIT device.

Animal movements to which this regulation applies

(4)

This regulation applies to the movement of the animal to a place that is a meat processing facility, game estate, safari park, or zoo.

Condition on point of origin PICA

(5)

It is a condition of the exemption that, when the animal is to be moved, the point of origin PICA—

(a)

provide the information described in subclause (6) in a form supplied by the NAIT organisation; and

(b)

provide the form to—

(i)

the NAIT organisation; and

(ii)

the destination PICA at the place to which the animal is to be moved; and

(c)

ensure that the completed form is received by the NAIT organisation and the destination PICA before the movement starts; and

(d)

ensure that the animal is visibly identifiable before the movement starts.

(6)

The information is—

(a)

the point of origin PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the start date of the animal movement.

Condition on destination PICA who knows facts correct

(7)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA knows that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

confirm to the NAIT organisation that the facts are correct; and

(b)

provide to the NAIT organisation the end date of the animal movement; and

(c)

do the confirming and providing within 48 hours after the end of the day on which the movement ends.

Condition on destination PICA who does not know facts correct

(8)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA does not know that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

provide the information described in subclause (9); and

(b)

provide it to the NAIT organisation; and

(c)

provide it within 48 hours after the end of the day on which the movement ends.

(9)

The information is—

(a)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and

(b)

the point of origin PICA’s—

(i)

NAIT number, if the point of origin PICA is registered as a PICA; or

(ii)

name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the end date of the animal movement.

Condition on PICA to specify number of fallow deer at NAIT location

(10)

It is a condition of the exemption that the PICA provide the NAIT organisation at the end of each year with the number of fallow deer that are at the PICA’s NAIT location.

In regulation 19(1), after “NAIT location”, insert “or other location”.

Replace regulation 21(1) with:

(1)

Subclauses (2) and (3) apply to a point of origin PICA moving a NAIT animal from a NAIT location or other location to another NAIT location or other location, if the PICA is the PICA for both locations.