Biosecurity (Ruminant Protein) Regulations 1999

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Biosecurity (Ruminant Protein) Regulations 1999

(SR 1999/410)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 22nd day of November 1999

Present:
The Right Hon Wyatt Creech presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry for Primary Industries.


Pursuant to section 165 of the Biosecurity Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Biosecurity (Ruminant Protein) Regulations 1999.

    (2) These regulations come into force on 1 January 2000.

Interpretation and purposes

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Act means the Biosecurity Act 1993

    animal means any living stage of any member of the animal kingdom except human beings

    by-product means anything not intended, or capable of being used, for human consumption that is derived in whole or in substantial or known quantities from food for human consumption

    dedicated equipment, in relation to the feed production process, means equipment used to produce feed that is free from contact with ruminant protein

    feed

    • (a) means any matter produced as, or as part of, food for animals in premises that produce, render, or utilise ruminant protein; but

    • (b) does not include—

      • (i) protein-free tallow (if the maximum level of insoluble impurities does not exceed 0.15% by weight):

      • (ii) any derivative of the tallow described in subparagraph (i):

      • (iii) rennet:

      • (iv) dicalcium phosphate (if it contains no trace of protein or fat):

      • (v) peptides with a molecular weight of less than 10 000 dalton:

      • (vi) amino acids:

      • (vii) pet food packaged for retail sale and labelled for feeding to dogs or cats

    feed production process

    • (a) means all of the stages involved in producing feed; and

    • (b) includes—

      • (i) the arrival of ingredients at the premises where the feed is produced; and

      • (ii) the manufacture of the feed; and

      • (iii) the packaging of the feed; and

      • (iv) the storage of the feed (whether packaged or not); and

      • (v) the transportation of the feed (whether packaged or not) within the premises where the feed is produced

    feed supplier

    • (a) means a person who produces, trades in, or distributes feed; and

    • (b) includes a person who redesignates, as food for animals,—

      • (i) any food for human consumption; or

      • (ii) any by-product

    food for human consumption

    • (a) means anything that is used or represented as being for use as food for human beings; and

    • (b) includes—

      • (i) any ingredient, nutrient, or other constituent of any food, whether the ingredient, nutrient, or constituent is consumed or represented as being for consumption by human beings—

        • (A) by itself; or

        • (B) when used in the preparation of or mixed with or added to any food; and

      • (ii) anything that is or is intended to be mixed or added to any food

    mobile feed manufacturer means a person who uses mobile equipment to—

    • (a) produce feed intended for ruminants; and

    • (b) produce, mix, or handle feed intended for non-ruminants

    operator

    • (a) means the occupier of premises where ruminant protein is rendered, used, or stored and where—

      • (i) non-ruminant mammalian, avian, or fish tissue is rendered for feeding to ruminants; or

      • (ii) feed intended for ruminants is produced; and

    • (b) includes a mobile feed manufacturer

    registered programme means a ruminant protein control programme (as amended, if amended) registered by the Director-General under regulation 9 or 10

    rumen means the first stomach of a ruminant

    ruminant means an animal of the suborder Ruminantia that chews the cud regurgitated from its rumen, for example, cattle, sheep, deer, and goats

    ruminant protein

    • (a) means protein derived from the tissue (including blood) of a ruminant; but

    • (b) does not include—

      • (i) milk, cream, butter, or cheese, or any other product of milk or cream:

      • (ii) tallow if the maximum level of insoluble impurities does not exceed 0.15% by weight:

      • (iii) any derivative of the tallow described in subparagraph (ii):

      • (iv) rennet:

      • (v) dicalcium phosphate if it contains no trace of protein or fat:

      • (vi) peptides with a molecular weight of less than 10 000 daltons:

      • (vii) amino acids.

    Regulation 2 by-product: inserted, on 7 October 2004, by regulation 3(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 2 dedicated equipment: inserted, on 1 July 2011, by regulation 4(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 2 feed: substituted, on 7 October 2004, by regulation 3(2) of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 2 feed production process: inserted, on 1 July 2011, by regulation 4(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 2 feed supplier: substituted, on 7 October 2004, by regulation 3(3) of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 2 food for human consumption: inserted, on 7 October 2004, by regulation 3(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 2 mobile feed manufacturer: inserted, on 1 July 2011, by regulation 4(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 2 operator: substituted, on 1 July 2011, by regulation 4(2) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 2 ruminant: substituted, on 1 July 2011, by regulation 4(3) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 2 ruminant protein: substituted, on 1 July 2011, by regulation 4(3) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

3 Purposes of regulations
  • The purposes of these regulations are—

    • (a) to prohibit the feeding of ruminant protein in any form, composition, or admixture to ruminants because of the risk of amplifying and spreading transmissible spongiform encephalopathies by doing so; and

    • (b) to require operators to prepare, register, and implement ruminant protein control programmes; and

    • (c) consequentially, to manage the risk to New Zealand of an outbreak of a transmissible spongiform encephalopathy.

Prohibition

4 Offence to feed ruminant protein to ruminants
  • (1) A person commits an offence if that person knowingly—

    • (a) feeds ruminant protein in any form, composition, or admixture to a ruminant; or

    • (b) allows, causes, or permits a ruminant to consume ruminant protein in any form, composition, or admixture; or

    • (c) allows, causes, or permits other persons to feed ruminant protein in any form, composition, or admixture to a ruminant.

    (2) A person who commits an offence under subclause (1) is liable to the penalty specified in regulation 18.

Ruminant protein control programmes

5 Operators to prepare ruminant protein control programme
  • (1) A person who is, and intends to remain, an operator on the date these regulations come into force must prepare a ruminant protein control programme and submit it to the Director-General, for registration, by 1 January 2001.

    (2) A person who intends to become an operator, and a person referred to in subclause (4)(a) who intends to remain an operator, must prepare a ruminant protein control programme and submit it to the Director-General for registration.

    (3) A ruminant protein control programme is not effective until it is registered under regulation 9.

    (4) A person referred to in subclause (1)—

    • (a) who does not submit a ruminant protein control programme under subclause (1) by 1 January 2001, must not produce feed intended for ruminants after that date; and

    • (b) who has submitted a programme under subclause (1) by 1 January 2001 that is not registered, may produce feed intended for ruminants without a registered programme until 1 April 2001 but not after; and

    • (c) must produce feed intended for ruminants according to the programme submitted, once it is registered.

    (5) A person referred to in subclause (2) must not produce feed intended for ruminants without a registered programme.

    (6) A person who fails to comply with the requirements of subclause (1), (2), (4), or (5) commits an offence and is liable to the penalty specified in regulation 18.

    (7) [Revoked]

    Regulation 5(6): substituted, on 7 October 2004, by regulation 4 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 5(7): revoked, on 7 October 2004, by regulation 4 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

6 Programme amendment
  • (1) An operator may amend or replace a registered programme at any time but must submit the documents effecting the amendment, or the replacement programme, to the Director-General for registration.

    (2) An amendment or replacement of a registered programme is not effective until it is registered under regulation 10.

7 Requirements for programmes
  • A ruminant protein control programme must—

    • (a) specify how the operator will ensure that it does not commit an offence under these regulations; and

    • (b) specify how the operator will manage and minimise the risk of contamination of feed intended for ruminants, by ruminant protein, including specifying how the operator will ensure that feed intended for ruminants is produced during the feed production process using only dedicated equipment; and

    • (c) specify how the operator will ensure that feed is labelled correctly; and

    • (d) provide for, and specify the components of, regular internal reviews of the programme designed to identify programme features that could be improved; and

    • (e) [Revoked]

    • (f) [Revoked]

    • (g) state that the operator will co-operate with inspectors and authorised persons exercising their duties and powers, including their powers to—

      • (i) inspect the records of the operator; and

      • (ii) enter and inspect the premises of the operator; and

    • (h) require the operator to notify the Director-General of any change in circumstance that would prevent or substantially hinder the operator from satisfying a requirement of the programme.

    Regulation 7(b): amended, on 1 July 2011, by regulation 5(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 7(e): revoked, on 1 July 2011, by regulation 5(2) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 7(f): revoked, on 1 July 2011, by regulation 5(2) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

7A Ruminant protein control programme to be audited
  • (1) An operator must submit a ruminant protein control programme prepared under regulation 5 to an inspector or authorised person appointed under section 103 of the Act for an annual verification audit.

    (2) An operator must pay the costs of the audit carried out under subclause (1) in accordance with item 22 of the Schedule of the Biosecurity (Costs) Regulations 2010.

    Regulation 7A: inserted, on 1 July 2011, by regulation 6 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

8 Register of programmes
  • (1) The Director-General must keep and maintain a register of ruminant protein control programmes and of their amendments or replacements registered under regulations 9 and 10.

    (2) The register must include the following particulars for each ruminant protein control programme:

    • (a) the name and address of the operator of the programme:

    • (b) the name and address of the auditor responsible for the annual verification audits of the programme.

9 Registration of programmes
  • (1) The Director-General must register a ruminant protein control programme submitted by an operator under regulation 5(1) or (2), and notify the operator of registration, if satisfied that the programme meets the requirements of regulation 7.

    (2) If the Director-General declines to register a programme,—

    • (a) the Director-General must indicate the grounds on which registration is declined; and

    • (b) the Director-General must invite the operator to prepare and submit a revised programme; and

    • (c) the operator may submit a revised programme to the Director-General not later than 14 days after the date on which that approval is declined or such later date as the Director-General may allow in a particular case.

10 Registration of programme amendment or replacement
  • (1) As soon as practicable after receiving the documents effecting the amendment or the replacement programme under regulation 6, the Director-General must—

    • (a) register the programme as amended or the replacement programme, and notify the operator of registration, if satisfied that the programme as amended or the replacement programme meets the requirements of regulation 7; or

    • (b) if the Director-General considers that the programme as amended or the replacement programme requires amendment,—

      • (i) make such amendments as the Director-General considers necessary; and

      • (ii) register the amended or replacement programme (as amended by the Director-General) and send a copy of the registered document to the operator.

    (2) The Director-General must advise the operator, before doing so, of the Director-General’s intention to amend a programme and must give the operator a reasonable opportunity to make submissions about that.

11 Review of programme by Director-General
  • (1) The Director-General may review a registered programme at any time if the Director-General considers that to be necessary or desirable to achieve, or better achieve, the purposes of these regulations or the requirements of the registered programme.

    (2) The Director-General must advise the operator of a registered programme that is to be reviewed of the reasons for the review.

    (3) The Director-General may suspend any or all of the operations under a registered programme before commencing, or during, a review under this regulation.

    (4) The Director-General must advise the operator of an operation suspended under subclause (3) of the reasons for the suspension, and must give the operator a reasonable opportunity to be heard on the suspension.

    (5) If operations are suspended under subclause (3) the review must be completed as soon as practicable.

    (6) On completing a review, the Director-General may—

    • (a) cancel registration of a programme, or part of it, with or without conditions; or

    • (b) amend a programme as the Director-General considers necessary; or

    • (c) take a combination of actions under paragraphs (a) and (b).

    (7) The Director-General must advise the operator, before doing so, of the Director-General’s intention to exercise a power under subclause (6), and must give the operator a reasonable opportunity to make submissions about that intention.

    (8) The Director-General’s powers in this regulation may be applied—

    • (a) to a single operator identified by the Director-General; or

    • (b) collectively to the registered programmes of all operators in a category of operators identified by the Director-General.

12 Information
  • (1) The Director-General may request an operator to supply information or to comment on particular matters concerning that operator’s ruminant protein control programme (before or after its registration) or an amendment, replacement, or review of that programme.

    (2) The Director-General is not required to make any decision under regulation 9, 10, or 11 until that information or comment is received.

12A Registration costs payable in accordance with Biosecurity (Costs) Regulations 2010
  • (1) This regulation applies to an operator or person who intends to become an operator (as the case may be) who submits to the Director-General for registration—

    • (a) a ruminant protein control programme; or

    • (b) a revised ruminant protein control programme; or

    • (c) an amendment to a registered programme; or

    • (d) a replacement for a registered programme.

    (2) A person to whom this regulation applies must pay the processing costs for registration of the relevant programme—

    • (a) in accordance with item 23 of the Schedule of the Biosecurity (Costs) Regulations 2010; and

    • (b) as if the person who processes the programme were a biosecurity adviser as defined in section 3 of the Biosecurity (Costs) Regulations 2010.

    Regulation 12A: inserted, on 7 October 2004, by regulation 5 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 12A heading: amended, on 1 July 2011, by regulation 7(1) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 12A(2)(a): substituted, on 1 July 2011, by regulation 7(2) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 12A(2)(b): amended, on 1 July 2011, by regulation 7(3) of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

Dedicated equipment

  • Heading: inserted, on 1 July 2011, by regulation 8 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

12B Obligation to use dedicated equipment
  • A feed supplier who produces feed that may be fed lawfully to ruminants must, at all stages during the feed production process, produce the feed using only dedicated equipment.

    Regulation 12B: inserted, on 1 July 2011, by regulation 8 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

Labelling

13 Obligation to label
  • (1) A feed supplier must ensure that any product that contains or may contain ruminant protein is labelled with the following notice:

    Notice: Do not feed to sheep, cattle, deer, goats, buffaloes, or other ruminant animals. This product contains or may contain ruminant protein.

    (2) A person who produces, trades in, or distributes fertiliser containing ruminant protein must label that fertiliser in the way specified in subclause (1).

    (3) A feed supplier and a person referred to in subclause (2) commit an offence if the feed supplier or person fails to label, or mislabels, any feed or fertiliser under this regulation or fails to comply with regulation 14.

    (4) A person commits an offence if the person, without reasonable excuse, defaces, removes, obscures, or alters a label affixed to feed or fertiliser under these regulations.

    (5) A person who commits an offence under subclause (3) or (4) is liable to the penalty specified in regulation 18.

    Regulation 13: substituted, on 1 July 2011, by regulation 9 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

14 Labelling details
  • A label required by regulation 13 must—

    • (a) be conspicuous and easily legible; and

    • (b) comply with either subparagraph (i) or (ii) as the case may be, depending on which results in the smallest label as follows:

      • (i) the label must occupy a minimum of 2.5% of the total area of—

        • (A) the outside of the flattened package relating to the feed or fertiliser as circumscribed by the stitch lines or folds of the package:

        • (B) the printed side of the invoice, waybill, or similar document for feed or fertiliser supplied in bulk quantity:

        • (C) the container (excluding the top and bottom of the container) that contains the feed or fertiliser; or

      • (ii) the text on the label must be printed in letters that are at least 20 mm high; and

    • (c) be permanently stamped on, affixed to, or marked on—

      • (i) the front of the package for the feed or fertiliser immediately below the top stitch line or fold of the package; or

      • (ii) the front of the invoice, waybill, or similar document for feed or fertiliser supplied in bulk quantity; or

      • (iii) the container (excluding the top and bottom of the container) that contains the feed or fertiliser; and

    • (d) be of such a nature and material that it will last for the lifetime of the packaged feed or fertiliser while the feed or fertiliser is being stored or used.

    Regulation 14: substituted, on 1 July 2011, by regulation 9 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

Records

15 Records by feed suppliers
  • (1) The Director-General may, by notice in writing, require a feed supplier to complete and keep, for 2 years, records of matters that relate, in the Director-General’s opinion, to the requirements of these regulations.

    (2) The records required to be kept must—

    • (a) be available for inspection within 5 working days of a request being made by the Director-General or by an inspector or authorised person; and

    • (b) be kept in a manner and format from which they can be readily retrieved and made available for inspection.

    (3) A person required to keep records must, at all reasonable times, allow any person authorised by the Director-General, or any inspector or authorised person, to inspect and make copies of the records.

    (4) A person who breaches this regulation without reasonable excuse commits an offence and is liable to the penalty specified in regulation 18.

16 Records by ruminant producers
  • (1) This regulation applies to producers or farmers of ruminants.

    (2) If the Director-General believes or suspects on reasonable grounds that a person to whom this regulation applies breaches, or may breach, these regulations, the Director-General may, by notice in writing, require that person to complete, and keep for 2 years, detailed records of the person’s feed inventory and movements in that inventory.

    (3) The records required to be kept must—

    • (a) be available for inspection within 10 working days of a request being made by the Director-General or by an inspector or authorised person; and

    • (b) be kept in a manner and format from which they can be readily retrieved and made available for inspection.

    (4) A person required to keep records must, at all reasonable times, allow any person authorised by the Director-General, or any inspector or authorised person, to inspect and make copies of the records.

    (5) A person who breaches this regulation without reasonable excuse commits an offence and is liable to the penalty specified in regulation 18.

Duties of operators and other persons

17 Vigilance by affected persons
  • (1) Every person required to comply with these regulations must—

    • (a) ensure that his, her or its staff are fully informed about the requirements of these regulations; and

    • (b) remove any visible contaminants from vehicles, containers and other devices before using them for containment or transport of bulk feed intended for ruminants; and

    • (c) store feed intended for ruminants in ways that avoid contamination with ruminant protein; and

    • (d) prevent access by ruminants to—

      • (i) feed not intended for ruminants; and

      • (ii) ruminant protein; and

    • (e) not include ruminant protein in feed intended for ruminants; and

    • (f) if necessary to achieve the purposes of these regulations, recall, relabel, reprocess, destroy, or treat feed; and

    • (g) generally take all steps necessary to achieve the purposes of these regulations.

    (2) A person who fails knowingly to comply with any of the obligations in subclause (1) commits an offence and is liable to the penalty specified in regulation 18.

Irrigation with wastewater from premises where ruminant protein rendered, stored, or used

  • Heading: inserted, on 7 October 2004, by regulation 7 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

17A Irrigation with wastewater from premises where ruminant protein rendered, stored, or used
  • (1) Despite regulation 17(1)(d) and (e), a person may irrigate pasture (by spray or other means) with wastewater from premises—

    • (a) licensed under—

      • (i) the Meat Act 1981; or

      • (ii) any regulations or other requirements made or imposed under the Meat Act 1981; or

    • (b) of an animal product business (as defined in section 4 of the Animal Products Act 1999) in which ruminants are processed or slaughtered; or

    • (c) where ruminant protein is produced, rendered, stored, or utilised.

    (2) However, a person may act under subclause (1) only if, before using the wastewater for irrigating the pasture, the wastewater has—

    • (a) had float material and sediment removed from it; and

    • (b) been screened to the extent that it would be suitable for spray irrigation.

    (3) For the time that any pasture to which subclause (1) applies is visibly contaminated with the wastewater (and any residues from the wastewater), a person may not—

    • (a) use the pasture for grazing ruminants; or

    • (b) harvest the pasture for the purposes of feeding ruminants.

    (4) A person who irrigates pasture in breach of subclause (2) commits an offence and is liable to the penalty specified in regulation 18.

    (5) A person who uses or harvests pasture in breach of subclause (3) commits an offence and is liable to the penalty specified in regulation 18.

    Regulation 17A: inserted, on 7 October 2004, by regulation 7 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

Offences

18AA Strict liability offences
  • (1) This regulation applies to the offences in regulations 5(6), 13(3), and 17A(4) and (5).

    (2) In any proceedings for an offence, it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

    (3) It is a defence in any proceedings for an offence if the defendant proves that—

    • (a) the breach was due to an event or cause beyond the control of the defendant, including natural disaster, mechanical failure, and sabotage; and

    • (b) the defendant took all reasonable steps to ensure that the offence was not committed.

    (4) A defendant is entitled to rely on an event or cause beyond the control of the defendant, as part of a defence under subclause (3), only—

    • (a) with the leave of the court; or

    • (b) if—

      • (i) the defendant has served on the prosecutor a notice in writing identifying the event or cause relied on by the defendant; and

      • (ii) the notice in subparagraph (i) is served not later than 14 days before the date on which the hearing of the proceedings begins.

    Regulation 18AA: inserted, on 7 October 2004, by regulation 8 of the Biosecurity (Ruminant Protein) Amendment Regulations 2004 (SR 2004/301).

    Regulation 18AA(1): amended, on 1 July 2011, by regulation 10 of the Biosecurity (Ruminant Protein) Amendment Regulations 2010 (SR 2010/136).

    Regulation 18AA(4)(b)(i): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

18 Provisions applying to all offences
  • (1) The penalties for all offences specified in these regulations are those set out in section 157(6) of the Act.

    (2) The penalties are,—

    • (a) in the case of an individual, a fine not exceeding $5,000; and

    • (b) in the case of a corporation, a fine not exceeding $15,000.

    (3) Section 156 of the Act (which concerns liability of principals, agents, and employees) applies to all offences under these regulations.

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 November 1999.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Biosecurity (Ruminant Protein) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)