Pursuant to section 78(1)(ba) and (bb) of the Dog Control Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Interpretation

4 Prescribed microchip transponder

5 Where and how microchip transponder must be implanted

6 Person implanting microchip transponder must be satisfied dog is not already implanted with functioning prescribed transponder in prescribed location

7 Person implanting microchip transponder must handle dog in appropriate manner

Regulations

1 Title

These regulations are the Dog Control (Microchip Transponder) Regulations 2005.

2 Commencement

These regulations come into force on 1 July 2006.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Dog Control Act 1996

microchip transponder means a microchip transponder that complies with regulation 4(1)

NZS/ISO means New Zealand Standard/International Organization for Standardization Standard.

4 Prescribed microchip transponder

(1) A microchip transponder to be implanted in a dog under section 36A or section 69A of the Act must—
- (a) comply with the following standards (as stated at 1 July 2006):
  - (i) NZS/ISO 11784:2001 Radio-frequency identification of animals—Code structure; and
  - (ii) NZS/ISO 11785:2001 Radio-frequency identification of animals—Technical concept; and
- (b) be encased within a single-use implantation device and, as a unit, be sterile, individually packaged, and ready for use; and
- (c) be supplied with no fewer than 3 self-adhesive bar codes stating the microchip transponder's unique number.
(2) For the avoidance of doubt, even if a transponder has been implanted in a dog, another transponder that meets the requirements prescribed in subclause (1) must be implanted in the dog if the first transponder does not comply with those requirements.

5 Where and how microchip transponder must be implanted

(1) A microchip transponder must be implanted in a dog in a way that allows the transponder to function properly.
(2) Without limiting subclause (1), the transponder must be implanted—
- (a) under the dog's skin—
  - (i) at a point on the centreline of its back; and
  - (ii) just forward of the shoulder blades; and
- (b) so that the transponder lies parallel or at an oblique angle to the skin; and
- (c) using a sterile technique.

6 Person implanting microchip transponder must be satisfied dog is not already implanted with functioning prescribed transponder in prescribed location

Before implanting a dog with a microchip transponder, the person performing the procedure must be satisfied, on reasonable grounds, that the dog is not already implanted with a microchip transponder—
- (a) in the location prescribed in regulation 5; and
- (b) that is functioning.

7 Person implanting microchip transponder must handle dog in appropriate manner

(1) When implanting a dog with a microchip transponder, the person or persons performing the procedure must take into account the breed, size, temperament, and other characteristics of the dog (for example, in deciding how to restrain the dog during the procedure).
(2) Without limiting subclause (1), when implanting a transponder in a dog that is classified, under the Act, as a dangerous dog or a menacing dog, the dog must be—
- (a) muzzled; and
- (b) restrained by a person other than the person implanting the transponder.
(3) Subclause (2) does not apply if the dog is anaesthetised during the procedure.

Diane Morcom,
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 are the Dog Control (Microchip Transponder) Regulations 2005. The regulations come into force on 1 July 2006. This is the same commencement date as the sections in the Dog Control Act 1996 relating to the requirement for certain dogs to be implanted with microchip transponders.

The regulations prescribe the type of microchip transponder that a dog must be implanted with, where the transponder must be implanted, and how it must be implanted. The prescribed requirements are based on the guidelines issued by the New Zealand Veterinary Association and the World Small Animal Veterinary Association.

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

Date of notification in Gazette: 15 December 2005.

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 Dog Control (Microchip Transponder) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 16 December 2005, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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/legislation/reprints.shtml or Part 8 of the Tables of 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).

Dog Control (Microchip Transponder) Regulations 2005