Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Amendment Regulations 2002

2002/209

Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Amendment Regulations 2002


Note

These regulations are administered in the Ministry of Agriculture and Forestry.


Pursuant to sections 62 to 65 and 69 of the Dairy Industry Restructuring Act 2001, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Agriculture, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

3 Interpretation
  • (1) Regulation 3(1) of the principal regulations is amended by revoking the definitions of approved standard and standard.

    (2) Regulation 3(1) of the principal regulations is amended by inserting, after the definition of certified herd tester, the following definition:

    dairy herd testing standard means New Zealand Standard NZS 8100 that, for the avoidance of doubt, consists of NZS 8100.1 Dairy Herd Testing Part 1 - Procedures and Practices and NZS 8100.2 Dairy Herd Testing Part 2 - Core Data Requirements.

    (3) Regulation 3 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) The following terms are defined in section 5 of the Act:

      • (a) associated person:

      • (b) chief executive:

      • (c) core database:

      • (d) herd testing:

      • (e) interconnected body corporate.

4 Restrictions on herd testing
  • Regulation 5 of the principal regulations is amended by adding the following subclause:

    • (4) Subclause (1) does not apply to a laboratory when it analyses milk samples on behalf of a certified herd tester for the purpose of regulated herd testing.

5 Terms and conditions of regulated herd testing
  • Regulation 6(1)(b) of the principal regulations is amended by omitting the words in any standard approved under regulation 10, and substituting the words in the dairy herd testing standard.

6 Supply of data to LIC
  • Regulation 7 of the principal regulations is amended by revoking subclauses (1) and (2), and substituting the following subclauses:

    • (1) Every certified herd tester must collect and supply to LIC all of the herd testing data specified in Schedule 2 relating to its herd testing activities in accordance with the requirements for data set out in the dairy herd testing standard.

    • (2) The data must be supplied in a format that is compatible with LIC's systems for entering data into the core database.

7 LIC must enter information into database
  • Regulation 8 of the principal regulations is amended by omitting the words an approved standard, and substituting the words the dairy herd testing standard.

8 New regulation 10 substituted
  • The principal regulations are amended by revoking regulation 10, and substituting the following regulation:

    10 Dairy herd testing standard
    • Certified herd testers must comply with the dairy herd testing standard.

9 Membership of Panel
  • Regulation 16(a) of the principal regulations is amended by omitting the words Dairy Industry Good Incorporated, and substituting the words Dairy InSight Incorporated.

10 Powers of auditor
  • Regulation 28 of the principal regulations is amended by revoking subclause (3), and substituting the following subclauses:

    • (3) If the board of LIC fails to comply with subclause (1), every director commits an offence and is liable on conviction to a fine not exceeding $10,000.

      (3A) A director or employee who fails to comply with subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

      (3B) It is a defence to an employee charged with an offence against subclause (3A) if he or she proves that—

      • (a) he or she did not have the information required in his or her possession or under his or her control; or

      • (b) because of the position occupied by him or her or the duties assigned to him or her, he or she was unable to give the explanations required.

      Compare: 1993 No 105 s 206(3)-(5).

11 Schedule 1 amended
  • Schedule 1 of the principal regulations is amended by omitting the words an approved standard in every place where they appear, and substituting in each case the words the dairy herd testing standard.

12 New Schedule 2 substituted
  • The principal regulations are amended by revoking Schedule 2, and substituting the Schedule 2 set out in the Schedule of these regulations.

13 Schedule 3 amended
  • Schedule 3 of the principal regulations is amended by—

    • (a) omitting from the description of the land area of region 3 the words following west of the Hapuakohe Range to Miranda Hot Springs, and substituting the words bounded by the Hapuakohe Range on the west through to Miranda Hot Springs; and

    • (b) omitting from the description of the land area of region 7 the word eastern, and substituting the word western.

14 Schedule 4 amended
  • Schedule 4 of the principal regulations is amended by adding the following heading and clauses:

    Protections from liability of members

    14 Protections for members from liabilities of Panel
    • A member is not liable for any liability of the Panel by reason only of being a member.

    15 Immunity of members from civil liability to third parties
    • (1) A member is not liable to any person (other than the Panel) for any act or omission by him or her in the performance or intended performance of the Panel's functions, unless it was done or omitted to be done in bad faith.

      (2) The Panel is liable for any act or omission for which, but for this section, a member would have been liable to a person.

    16 Indemnity for members for costs from civil and criminal proceedings
    • The Panel may indemnify a member for costs incurred by him or her in a proceeding—

      • (a) that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Panel's functions; and

      • (b) in which judgment is given in his or her favour, in which he or she is acquitted, or that is discontinued.

    17 Insurance for members
    • (1) The Panel may effect insurance for a member in relation to—

      • (a) liability for any act or omission in the performance or intended performance of the Panel's functions; and

      • (b) costs incurred in any proceeding relating to that liability.

      (2) However, the insurance may cover criminal liability or criminal proceedings only if the member is acquitted.

    18 Definitions for protections from liability
    • In clauses 14 to 17,—

      effect insurance includes pay, whether directly or indirectly, the costs of the insurance

      indemnify includes relieve or excuse from liability, whether before or after the liability arises

      member includes a former member.

15 Schedule 5 amended
  • Schedule 5 of the principal regulations is amended by adding the following heading and clause:

    Annual report

    8 Annual report
    • The Panel must, no later than 2 months after the end of each of its financial years, provide to the chief executive an audited annual report that includes—

      • (a) a report on the exercise of the Panel's functions and powers during the financial year; and

      • (b) a report on the receipt and expenditure of any income during the financial year.


Schedule
New Schedule 2 substituted in principal regulations

r 12

Schedule 2
Information to be supplied to LIC

r 7(1)

Key data

Farm location

Herd number

Participant code

Static data

Unique animal identifier

Sire official indicator

Sire

Genetic dam

Sex

Date of birth

Date of birth confidence indicator

Breed

Breed 16ths

Event data

Herd management number

Herd management number start date

Herd management number end date

Date animal entered herd

Date animal exits herd

Animal fate

Cause of fate

Calving date

Abnormal calving circumstances

Calving assistance

Calf number within parturition

Fate of calf

Comment code

Date of mating

Mating type

Mating sire

Embryo implant serial number

Embryo implant date

Embryo donor

Embryo sire

Embryo recipient

Production data

Herd test date

Abnormal test code

PM milk volume

AM milk volume

Fat percentage

Protein percentage

Somatic cell count

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the day after the date of their notification in the Gazette, amend the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 in 8 main respects. These are—

  • to amend the description of the information that herd testers must supply to LIC. The new requirement is that certified herd testers must collect and supply to LIC all of the herd testing data specified in Schedule 2 relating to their herd testing activities in accordance with the requirements for data set out in the dairy herd testing standard:

  • to delete the requirement that herd testers must supply information to LIC in the format specified in the regulations and replace it with a requirement that the information must be in a format compatible with LIC's systems for entering data into the core database:

  • to remove the power of the Director-General to approve a herd testing standard, and to incorporate the actual dairy herd testing standard by reference, now that the standard has been made and can be identified by name. The standard is New Zealand Standard 8100:

  • to clarify that a laboratory does not need to be certified as a herd tester when it analyses milk samples on behalf of certified herd testers for the purpose of regulated herd testing:

  • to amend regulation 28(3) to include, in full, the text incorporated from section 206(3) to (5) of the Companies Act 1993 (which relates to offences and penalties for obstructing an auditor). There is no change in substance:

  • to require the Panel to provide an audited annual report to the chief executive of the Ministry that includes a report on the exercise of the Panel's functions and powers and on the receipt and expenditure of its income:

  • to include a provision that protects the members of the Panel from personal liability:

  • to amend the description of the land areas in the regions in Schedule 3. Those areas apply only for the purpose of the rule that requires uniform LIC charging throughout a region.


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

Date of notification in Gazette: 25 July 2002.


  • 1 SR 2001/373