(1) This order may be cited as the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998.

(2) This order comes into force on 1 July 1998.

(1) In this order, unless the context otherwise requires,—

(2) Unless the context otherwise requires, terms and expressions that are not defined in this order but that are defined in the Act have the same meaning as in the Act.

This order makes the National Bovine Tuberculosis Pest Management Strategy.

The organism Mycobacterium bovis, the cause of the disease of bovine tuberculosis, is the pest to be managed in accordance with the strategy.

(1) The strategy's primary objective is to establish the feasibility of eradicating endemic bovine tuberculosis from vectors across a representative range of New Zealand terrains by achieving the following during the strategy's term:

• (a) the eradication of bovine tuberculosis from vectors over at least 2.5 million hectares of tuberculosis vector risk areas, including 2 extensive forest areas representing relatively difficult operational terrain:

• (b) continued freedom from the infection of vectors with bovine tuberculosis in areas where bovine tuberculosis is considered to have been eradicated from vectors:

• (c) eradication of, and continued freedom from, bovine tuberculosis enabling the classification of the areas described in paragraphs (a) and (b) as tuberculosis vector free areas:

• (d) the prevention of bovine tuberculosis being established in possums in tuberculosis vector free areas.

(2) The strategy's secondary objective, to be achieved while achieving the primary objective, is to keep at the lowest possible level, and at no greater than 0.4% throughout the term of the strategy, the national annual bovine tuberculosis infected herd period prevalence calculated as follows:

• (a) add the number of infected herds at the start of a financial year to the number of infected herds coming to notice during the financial year; and

• (b) divide the sum by the total number of herds; and

• (c) express the quotient as a percentage.

The principal measures to be taken to implement the strategy are—

• (a) the detection of bovine tuberculosis by testing herds and vectors for bovine tuberculosis:

• (b) the slaughter of domestic animals suspected of being infected with bovine tuberculosis:

• (c) the management of vector populations in tuberculosis vector risk areas and in buffer control zones associated with those areas:

• (d) the controls on the movement of cattle and deer.

The management agency responsible for implementing the strategy is the Animal Health Board (Incorporated).

The strategy remains in force until 30 June 2026.

(1) The powers conferred on an authorised person by sections 106, 109, 111, 113, 114, 118, 119, 121, 121A, 122, 123, and 130 of the Act may be used by an authorised person, appointed for the purposes of the strategy, to implement the strategy.

(2) The powers conferred on a management agency by sections 128 and 131 of the Act may be used by the management agency to implement the strategy.

(3) The power in section 114A of the Act may be used to implement the strategy.

Clauses 10 to 17A contain the strategy rules.

(1) Every person who owns or is in charge of a herd must notify the Board or an authorised person of the place where the herd is, for the time being, kept.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Every person who owns or is in charge of a herd that is required to be tested for the presence or absence of bovine tuberculosis, must provide sufficient facilities and assistance for holding, handling, and restraint of the cattle or deer to enable the tests to be safely carried out and identification to be safely applied in accordance with clause 12.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) If an animal has tested positive for bovine tuberculosis, or is to be moved from an infected herd, an ear tag or other identification may be applied to the animal.

(2) Only an inspector, authorised person, or accredited person may remove, alter, or deface an ear tag or other identification applied in accordance with subclause (1), unless—

• (a) an inspector or authorised person has given written permission for another person to do so; or

• (b) an accredited person has given written confirmation that the animal has tested negative for bovine tuberculosis.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) When directed to do so by an inspector or authorised person, the owner or person in charge of a herd must identify, in the manner directed, any member of that herd that is required to be tested.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A cattle beast or deer aged 30 days or more that is being moved must be accompanied throughout the movement by a declaration that complies with clause 12C.

(2) The owner of the animal to be moved, or any person acting with the authority of the owner, is responsible for the preparation of the declaration, and must—

• (a) give the declaration to the person in charge of the animal during the movement; and

• (b) inform the person in charge of the requirements of subclause (3).

(3) The person in charge must, during the period of his or her charge, ensure that the declaration is—

• (a) immediately accessible at all times during the movement; and

• (b) provided for inspection when requested by any person; and

• (c) if the person in charge changes during the movement, given to the person to whom charge is transferred, together with instructions on the requirements of this subclause; and

• (d) given to the person to whom the animal is being delivered on completion of the movement.

(4) If the movement involves more than 1 animal, a single declaration, identifying all the animals being moved, may be used.

(5) If the movement involves more than 1 animal, and the group of animals is divided or redivided during the movement, the person in charge at the time of the division or redivision must ensure that—

• (a) the declaration is copied; and

• (b) the requirements of subclause (3) are complied with in relation to any animals that the person remains in charge of; and

• (c) the requirements of subclause (3)(c) are complied with in relation to the animals that are transferred to the charge of another person.

(6) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A declaration required under clause 12B must—

• (a) be in a form approved by the Board; and

• (b) be completed, signed, and dated by—

  • (i) the owner of the cattle beast or deer to which it relates; or

  • (ii) a person acting with the authority of the owner; and

• (c) include—

  • (i) the name and address of the person completing, signing, and dating the form:

  • (ii) the herd identification number of the herd from which the animal is being moved as given to that herd in accordance with an identification system approved under the Biosecurity (Animal Identification Systems) Regulations 1999:

  • (iii) the species or class of the animal (examples include hind, dairy cow, heifer, and beef bull):

  • (iv) information on whether the animal was born at the place or establishment from which it is being moved:

  • (v) if the animal was not born at the place or establishment from which it is being moved, information on whether the animal has been managed or kept at that place or establishment for 60 days or more:

  • (vi) if the animal was not born at the place or establishment from which it is being moved and has not been managed or kept at that place or establishment for 60 days or more, information on whether there is a declaration under clause 12B that relates to a movement of the animal in the previous 60 days:

  • (vii) the bovine tuberculosis status, if any, assigned by the Board to the animal’s herd of origin:

  • (viii) information on whether the animal has been tested while at the place or establishment from which it is being moved:

  • (ix) the date of the latest test carried out on the animal:

  • (x) the date of the latest test carried out on the animal’s herd of origin:

  • (xi) information on whether bovine tuberculosis was detected in any animal as a result of a test carried out under subparagraph (ix) or subparagraph (x):

  • (xii) information on whether the animal has ever been vaccinated against Johne’s disease:

  • (xiii) information on whether the animal’s herd of origin is subject to movement control under the Act:

  • (xiv) information on whether the animal is being moved from a place or establishment that is within a controlled area declared under section 131 of the Act:

  • (xv) if the animal is being moved from a place or establishment that is within a controlled area declared under section 131 of the Act, information on whether the animal has been tested during the 60 days before the movement.

(2) Subclause (1)(c)(xv) does not apply if the animal is being moved directly to a place of slaughter.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) The owner of an animal to which the declaration required under clause 12B refers must retain a copy of the declaration that he or she completed for 6 months from the date of signing.

(2) On completion of the movement, the person to whom the animal is delivered must retain the accompanying declaration, or a copy of the declaration, for—

• (a) 6 months from the date of receipt of the animal; or

• (b) the period, if greater than 6 months, during which the person is in charge of the animal.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A person who offers a cattle beast or deer for sale must, immediately prior to or at the time of sale, clearly announce or display for a reasonable period at the place where the animal is being offered for sale—

• (a) the bovine tuberculosis status of the animal; and

• (b) the date of the animal’s last bovine tuberculosis test; and

• (c) whether that animal has been moved to the place of sale from a place or establishment that is within a controlled area declared under section 131 of the Act.

(2) A person who offers a cattle beast or deer for sale must make any declaration required for that animal under clause 12B available for inspection by persons attending the place where the animal is being offered for sale.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) For the purposes of clauses 12B to 12D, movement means the relocation of an animal.

(2) A movement—

• (a) begins when the animal is removed from its herd of origin, or other place or establishment at which it is being kept; and

• (b) ends when the animal is delivered to its final destination.

(3) Despite subclauses (1) and (2), no declaration is required if the sole purpose of the movement is to relocate an animal from one part of a property to another part of the same property.

(4) Subclause (3) does not apply if the movement—

• (a) results in the animal changing its herd of origin; or

• (b) involves the animal moving within or from a controlled area declared under section 131 of the Act.

(1) Unless the approval of a chief technical officer is first obtained, no person may—

• (a) apply a test, other than an approved test:

• (b) vaccinate an animal against bovine tuberculosis:

• (c) medicate an animal for bovine tuberculosis, either therapeutically or prophylactically:

• (d) medicate or otherwise treat or vaccinate a cattle beast or deer for the purpose of enhancing, repressing, or altering an animal’s response to bovine tuberculosis or to a test.

(2) Only an inspector, authorised person, or accredited person may apply a test to a cattle beast or deer.

(3) Subclause (2) does not apply to—

• (a) a veterinarian acting in the ordinary course of his or her profession when diagnosing the cause of illness in an animal; or

• (b) a person who is being taught veterinary science at undergraduate level, when acting under the supervision of an authorised person or an accredited person; or

• (c) a person conducting a test on any blood, serum, or tissue in an approved diagnostic laboratory.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) This clause applies to any person who—

• (a) is a veterinarian:

• (b) is in charge of an animal disease diagnostic laboratory:

• (c) operates an animal product business within the meaning of the Animal Products Act 1999 where (under a risk management programme registered under Part 2 of that Act or a regulated control scheme imposed under Part 3 of that Act) mammals are slaughtered, dressed, or processed for human or animal consumption:

• (d) operates deer slaughtering premises, a packing house, or a slaughterhouse:

• (e) operates premises required to be licensed under section 20 of the Meat Act 1981.

(2) A person to whom this clause applies who, in the course of his or her business, suspects the presence of bovine tuberculosis in the carcass or viscera of a mammal must—

• (a) collect affected tissue specimens from the carcass or viscera; and

• (b) submit those specimens to an approved diagnostic laboratory in a manner that ensures the specimens are suitable for pathological and bacteriological investigation.

(3) In this clause, the terms deer slaughtering premises, packing house, and slaughterhouse have the same meanings as in section 2(1) of the Meat Act 1981.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) This clause applies to any person who performs ante- or post-mortem examinations at—

• (a) the premises of an animal product business within the meaning of the Animal Products Act 1999 where (under a risk management programme registered under Part 2 of that Act or a regulated control scheme imposed under Part 3 of that Act) mammals are slaughtered, dressed, or processed for human or animal consumption; or

• (b) deer slaughtering premises, a packing house, or a slaughterhouse; or

• (c) premises required to be licensed under section 20 of the Meat Act 1981.

(2) A person to whom this clause applies who suspects the presence of bovine tuberculosis in the carcass or viscera of a mammal must—

• (a) collect tissue specimens from the carcass or viscera; and

• (b) submit those specimens, in a manner that ensures the specimens are suitable for pathological and bacteriological investigation, to—

  • (i) the person in charge of verifying compliance with ante- and post-mortem examination procedures at the premises; or

  • (ii) if the premises do not have such a verifier, to an approved diagnostic laboratory; and

• (c) keep records of the specimens in a form approved by the Board.

(3) In this clause, the terms deer slaughtering premises, packing house, and slaughterhouse have the same meanings as in section 2(1) of the Meat Act 1981.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A person in charge of verifying compliance with ante- and post-mortem examination procedures to whom specimens are submitted in accordance with clause 14A must—

• (a) submit those specimens to an approved diagnostic laboratory in a manner that ensures the specimens are suitable for pathological and bacteriological investigation; and

• (b) keep records of the specimens in a form approved by the Board.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) If a tissue specimen is sent to a laboratory in accordance with clause 14, 14A, or 14B, the laboratory must provide the Board with the results of the investigation and the name of the person who collected the sample.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) This clause applies to—

• (a) the operator of a risk management programme registered under Part 2 of the Animal Products Act 1999 under which cattle or deer are slaughtered:

• (b) a person subject to the requirements of a regulated control scheme made under Part 3 of the Animal Products Act 1999 under which cattle or deer are slaughtered:

• (c) a person listed as a homekill or recreational catch service provider under Part 6 of the Animal Products Act 1999 who slaughters cattle or deer (and a person whom section 20 of the Animal Products (Ancillary and Transitional Provisions) Act 1999 deems to be listed).

(2) The operator must maintain systems that connect each cattle beast and deer's official animal identification and herd identification number with its carcass to at least the point of post-mortem inspection.

(3) For each cattle beast and deer slaughtered, the operator must record and report—

• (a) its official animal identification; and

• (b) its herd identification number.

(4) For each cattle beast and deer slaughtered in which a suspect bovine tuberculosis lesion is found at post-mortem inspection, the operator must record and report—

• (a) its official animal identification; and

• (b) its herd identification number; and

• (c) the name and address of the person who supplied it for slaughter.

(5) The operator must report under subclauses (3) and (4)—

• (a) to the Board; and

• (b) in the form required by the Board; and

• (c) as soon as is practicable after the cattle beast or deer is slaughtered.

(6) The operator must enable the Board to audit the operator's compliance with this rule and must assist the Board to do so when the Board requires.

(7) In this rule,—

(8) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Subclause (2) applies to—

• (a) a veterinarian:

• (b) a person who owns or occupies land on which a herd is farmed or kept:

• (c) the owner or person in charge of a herd:

• (d) a stock agent:

• (e) a person in charge of a sale yard:

• (f) a person in charge of a business for transporting cattle or deer:

• (g) a person in charge of an animal disease diagnostic laboratory:

• (h) a person in charge of premises required to be licensed under Part 3 of the Meat Act 1981:

• (i) a person in charge of a milk station (within the meaning of section 2 of the Dairy Industry Act 1952):

• (j) an operator of a risk management programme registered under Part 2 of the Animal Products Act 1999:

• (k) a person subject to the requirements of a regulated control scheme made under Part 3 of the Animal Products Act 1999:

• (l) a person listed (or deemed by section 20 of the Animal Products (Ancillary and Transitional Provisions) Act 1999 to be listed) as a homekill or recreational catch service provider under Part 6 of the Animal Products Act 1999.

(2) The Board, or an authorised person, may require any person to whom this clause applies to provide information held by that person, if the Board or authorised person reasonably believes that that information is necessary for monitoring—

• (a) the distribution of the pest; or

• (b) changes in the composition of a herd; or

• (c) the location of cattle or deer.

(2A) Subclauses (2B) and (2C) apply to the operator of—

• (a) an identification system for cattle or deer; or

• (b) a system for identifying cattle or deer established by or under an enactment other than the Biosecurity Act 1993.

(2B) The Board may require the operator to provide it with information to enable it to monitor the distribution of bovine tuberculosis and the location and movement of cattle or deer.

(2C) The operator must provide the Board with the information that the Board specifies.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Every person who, in the course of their business or occupation or in the course of hunting (whether recreational or as a business), encounters an animal which that person suspects may harbour bovine tuberculosis must report the possible presence of bovine tuberculosis in that animal to the Board or an authorised person.

(2) The obligation in subclause (1) does not apply if that person has reasonable grounds to believe that the Board is aware of the possible presence of bovine tuberculosis in that animal.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) No person may release a pig into a wild state.

(2) This clause does not apply if the pig—

• (a) is—

  • (i) a wild animal, as defined in section 2(1) of the Wild Animal Control Act 1977; and

  • (ii) released on land that is administered under any of the Acts listed in Schedule 1 of the Conservation Act 1987; or

• (b) is released by the Board for research purposes.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Compensation under section 86 of the Act and this strategy is payable only in respect of any head of cattle—

• (a) slaughtered in compliance with a direction given under the Act, after the animal has tested positive to an approved test for bovine tuberculosis:

• (b) slaughtered, where slaughter is the only permitted or practicable option for that animal following the imposition of restrictions on the movement of its herd under section 130 of the Act.

(2) The amount of compensation payable is 65% of—

• (a) the fair market value of that animal on the date of the direction for slaughter referred to in subclause (1)(a), or the date of slaughter referred to in subclause (1)(b), assuming the animal did not have bovine tuberculosis; or

• (b) the maximum value of that animal—

  • (i) determined by such organisation as is recognised by the responsible Minister as an appropriate representative of the dairy industry in the case of a beast raised for dairy farming; or

  • (ii) determined by the New Zealand Meat Board (as established under the Meat Board Act 1997) in the case of a beast raised for beef,—

whichever is the lesser.

The implementation of the strategy is to be funded by payments from the following sources:

• (a) subject to section 92 of the Act, by a levy under section 90 of the Act on all cattle beasts slaughtered where that cattle beast weighs more than 27 kilograms dressed weight:

• (b) by payments made by Dairy Insight Incorporated in accordance with the funding agreement, dated 24 November 2003, between the Board and Dairy Insight Incorporated (or any agreement that replaces that agreement):

• (c) by payments made by deer farmers in accordance with regulations made under the Act:

• (d) by payments made by cattle farmers in accordance with regulations made under the Act:

• (e) by payments made by the Game Industry Board (established under the Game Industry Board Regulations 1985) in accordance with the funding agreement, dated 15 December 2003, between the Board and the Game Industry Board (or any agreement that replaces that agreement):

• (f) by a payment made at the discretion of the Crown:

• (g) by a payment made at the discretion of each regional council:

• (h) subject to section 92 of the Act, by a levy under section 90 of the Act on persons within a region.

The funds from the sources specified in clause 19 must be applied for the purposes of the strategy as follows:

• (a) disease control activities relating to cattle may be funded by payments from the sources specified in clause 19(a), (b), and (d):

• (b) disease control activities relating to deer may be funded by payments from the sources specified in clause 19(c) and (e):

• (c) vector control activities may be funded by payments from the sources specified in clause 19(a), (b), (e), (f), (g), and (h):

• (d) common costs may be funded by payments from the sources specified in clause 19(a), (b), (e), (f), (g), and (h).

Every regional council may carry out vector control activities and may contribute funds towards the costs of vector control activities and the common costs of the strategy.