Animal Products (Fees, Charges, and Levies) Regulations 2007

Reprint as at 1 July 2016

Coat of Arms of New Zealand

Animal Products (Fees, Charges, and Levies) Regulations 2007

(SR 2007/130)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 28th day of May 2007

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 166 of the Animal Products Act 1999, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Animal Products (Fees, Charges, and Levies) Regulations 2007.

2 Commencement

These regulations come into force on 1 July 2007.

3 Dairy processing excluded

Nothing in these regulations requires the payment of any fee, charge, or levy by any dairy processor in respect of dairy processing operations or premises.

4 Fees and charges

(1)

The fees and charges set out in Schedule 1 are payable in respect of the matters specified in that schedule.

(2)

The fees and charges set out in Schedule 1 apply on and after 1 July 2007.

5 Levies

(1)

The levies set out in Schedule 2 are payable in respect of the matters specified in that schedule.

(2)

The annual levies set out in Schedule 2 apply on and after 1 July 2007.

6 When fees, charges, and levies payable

(1)

Subject to subclauses (2) and (3) and regulation 7, the fees, charges, and levies specified in Schedules 1 and 2 are payable—

(a)

on the making of the relevant application or on performance of the relevant service, as the case may require; or

(b)

within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General.

(2)

In the case of the verification charges set out in Part 7 of Schedule 1, those charges are payable monthly in advance on the basis of an estimated charge notified by the Director-General, followed by reconciliation and an appropriate further payment or refund after provision of the actual services.

(3)

The amount of any such estimated charge notified by the Director-General is payable on the later of—

(a)

the tenth day after notification of the estimated amount by the Director-General; and

(b)

either—

(i)

in the case of export meat processors, the 27th day of the month preceding the month in which the services are to be provided:

(ii)

in all other cases, the 24th day of the month preceding the month in which the services are to be provided.

7 Alternative payment of annual charge

(1)

Despite anything in these regulations, the Director-General may, at the request of the person concerned, calculate an annual charge based on an estimate of the fees and charges set out in Schedule 1 that would be payable by the person for the year.

(2)

The Director-General must notify the person in writing of the annual charge calculated.

(3)

An annual charge calculated under this regulation—

(a)

is payable in equal monthly instalments by the 27th day of each month of the year to which it relates (or by the 27th day of the month following that in which the Director-General gives the person written notice of the calculation, if later); and

(b)

is to be subject at the end of the year concerned to reconciliation and an appropriate further payment or refund once the level of the actual services provided is known.

8 Exemptions

No fee, charge, or levy is payable under these regulations in respect of the export of any dog that—

(a)

is certified by the Royal New Zealand Foundation for the Blind as being a guide dog, or a dog under training as a guide dog, or a dog intended as breeding stock for guide dogs; or

(b)

is certified by the Hearing Dogs for Deaf People New Zealand trust as being a hearing ear dog, or a dog under training as a hearing ear dog, or a dog intended as breeding stock for hearing ear dogs; or

(c)

is certified by the Top Dog Companion Trust as being a companion dog, or a dog under training as a companion dog, or a dog intended as breeding stock for companion dogs.

9 Director-General may grant exemption or waiver

(1)

The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in these regulations, in whole or in part, in any appropriate case or class of cases.

(2)

The power conferred by subclause (1) includes power to grant an exemption, waiver, or refund in any of the circumstances described in section 112Z(1) of the Animal Products Act 1999.

Regulation 9(2): inserted, on 1 July 2015, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

10 GST

The fees, charges, and levies in Schedules 1 and 2 are exclusive of goods and services tax, unless the schedules specifically provide otherwise.

Regulation 10: substituted, on 1 October 2011, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2011 (SR 2011/270).

Regulation 10: amended, on 1 July 2015, by regulation 5 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

10A Director-General may require information for purpose of calculating levies

(1)

The Director-General may, in relation to the commodities described in subclause (3), require any person who is required to pay levies prescribed in Schedule 2 to provide the information described in that subclause for the purpose of calculating the amount of levy payable by the person.

(2)

A person required to provide information under this regulation must provide the information to the Director-General by the date specified by the Director-General.

(3)

The information that may be required under this regulation is the information described in the following table:

CommodityInformation that may be required to be provided to Director-General
Fish and bivalve molluscan shellfishEstimate of tonnes to be processed for the next year (1 July to 30 June) and reconciled at the end of that year, or actual data on tonnes processed for the previous month, or both
Lambs, bobby calves, goats, sheep, pigs, cattle, horses, and deerActual head processed for previous month or year, in individual commodity categories listed
Ostriches, emus, and poultryActual numbers of birds processed for the previous month or year, in individual commodity categories listed

(4)

If the Director-General requires a person to provide information under this regulation, but the information is not provided or is not provided within the time required, the Director-General may give the person an estimate of the levy payable based on an estimate of the numbers of animals to be slaughtered or tonnes of fish or shellfish to be processed, as the case may be, for the next 1 July to 30 June year.

(5)

If a person provides the information later than the date specified under subclause (2), the Director-General—

(a)

must reconcile the estimated numbers or tonnes with the information provided; and

(b)

must repay any over-recovered levy; and

(c)

may demand payment of any under-recovered levy.

(6)

Subclause (5) applies only if the information is provided not later than 90 days after the date specified under subclause (2).

Regulation 10A: inserted, on 1 July 2015, by regulation 6 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Regulation 10A(3) table: amended, on 1 July 2016, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Regulation 10A(3) table: amended, on 1 July 2016, by regulation 4(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

11 Revocation

The Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138) are revoked.

Schedule 1 Fees and charges

rr 6, 7, 10

Schedule 1: replaced, on 1 July 2015, by regulation 7 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Part 1 Schedule of fees

Matter for which fee or charge payable under Animal Products Act 1999Fee or charge*
1Application under section 20 for registration of risk management programme$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
2Application under section 25 for agreement to amendment of risk management programme$77.50 per application
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
3Fee in relation to update of risk management programme under section 26$77.50 per application
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
4Application under section 34 for registration of food control plan as risk management programme$102.27 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
5Application under section 54 for registration as exporter$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
6Application for approval of premises for export of products where required under export requirements$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
7Annual exporter registration fee under section 57$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
8Application under section 65G for listing as a game estate$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
9Annual listing fee under section 65L$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
10Application under section 75 for listing as homekill or recreational catch service provider$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
11Annual listing fee under section 77$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
12Application under section 107 for recognition$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
13Application under section 112D for renewal of recognition$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
14Annual recognition fee under section 112F$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
15Application under section 112E for substituted notice of recognition$77.50 per application
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
16Issue of official assurance under section 61$32.00 per official assurance
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
17Issue of official assurances under section 61 for live animals or germplasm$32.00 per official assurance
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
18Reissue of official assurance under section 64(2) if replacement assurance demanded by importing country$465.00 per official assurance
plus assessment charge on hourly basis after the first 3 hours as specified in Part 2
19Reissue of official assurance under section 64(2) for live animals or germplasm if replacement assurance demanded by importing country$465.00 per official assurance
plus assessment charge on hourly basis after the first 2 hours and 30 minutes as specified in Part 2
20Issue, on request, of statement of New Zealand standard under section 83$32 per statement issued
21Registration of transport operator, vehicle docking facility operator, or wharf operator under a notice issued under section 40$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
22Application to list animal material depot as required under notice issued under section 167 and renewal of listing$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
23Application for issue or revocation of relay permit for bivalve molluscan shellfish issued under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
24Application for registration as bivalve molluscan shellfish harvest operator under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
25Annual bivalve molluscan shellfish harvest operator fee under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
26Application to list or renew listing as transport operators, sorting shed operators, or depot operators required by notice made under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
27Application to register a limited processing vessel under the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
28Annual limited processing vessel registering fee under the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
29Application for approval of MPI Devices (brands/seals) made under the Animal Products (Export Requirements for Branding, Marking and Security Devices) Notice 2012 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
30Application to be certified as either a certified supplier (wild animals) or a certified game estate supplier under the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2013 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
31Applications for re-certification as either a certified supplier (wild animals) or a certified game estate supplier under the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2013 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
32Application for listing as further (pet food) processor under the Animal Products (Specifications for Products Intended for Animal Consumption) Notice 2014 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
33Applications to re-list as a further pet food processor under the Animal Products (Specifications for Product Intended for Animal Consumption) Notice 2014 or any replacement notice$77.50 per application
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
34Notification of change of a recognised agency on a risk management programme under sections 16(2) and 19(g)$77.50 per notification
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
35Application to list as an approved halal premises under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
36Application to list as an approved halal organisation under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
37Audit of approved halal organisations under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice$155.00
plus assessment charge on hourly basis after the first hour as specified in Part 2
38Application for approving, renewing or revoking an issuing officer’s approval under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice$155.00 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
39Listing of halal assessment and approval personnel and a competent halal slaughter person under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice$155.00 per listing
plus assessment charge on hourly basis after the first hour as specified in Part 2
40Inspection and audit under the Animal Products Act 1999Assessment charge on hourly basis as specified in Part 2
41

Performance of a function, power, or duty that is—

  • required to be undertaken under the Animal Products Act 1999, including under any regulations or notices; and

  • not prescribed elsewhere in these regulations

$77.50
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
42

Application for approval of any maintenance compounds that is required to be undertaken under the Animal Products Act 1999, including under any regulations or notices

$77.50 per application
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
*Fee or charge exclusive of any applicable costs payable under Parts 3, 4, and 5

Schedule 1 Part 1 item 4: amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Part 2 Assessment charges on hourly basis

Where Part 1 specifies an assessment charge on an hourly basis, that charge is to be determined as follows for each hour (or final part-hour) beyond the first 15 minutes, the first 30 minutes, the first hour, the first 2 hours and 30 minutes, or the first 3 hours, as the case may be, spent on assessing the matter concerned:

CategoryFee
($)
(a)For each hour (excluding final part-hour) spent by a person employed by the Ministry (not relating to live animals or germplasm)155.00
(b)For each 15-minute block in final part-hour spent under paragraph (a)38.75
(c)For each hour (excluding final part-hour) spent by a person employed by the Ministry (relating to live animals or germplasm)186.30
(d)For each 15-minute block in final part-hour spent under paragraph (c)46.58
(e)For each hour (excluding final part-hour) spent by a person employed by the Ministry under item 4 in Part 1 of this schedule102.27
(f)For each 15-minute block in final part-hour spent under paragraph (e)25.57
(g)For each hour (excluding final part-hour) spent by a person who is not employed by the Ministry155.00
(h)For each 15-minute block in final part-hour spent under paragraph (g)38.75

Part 3 Costs incurred by Ministry at request of operator, etc

1

Actual and reasonable costs, including actual and reasonable incidental and additional costs incurred by a Ministry employee, or a person engaged by the Ministry who is not an employee, may be recovered by the Ministry where those costs arise from a request by, or an act or omission of, any person under the Act or regulations or notices made under the Act.

2

The costs include, but are not limited to,—

(a)

the costs of external review, expert review, notification, product testing, travel, and accommodation; and

(b)

disbursements such as the costs of photocopying, printing and stationery, telephone, fax, video conferencing, postage, and couriers.

3

For technical staff providing support for the delivery of specialist services in relation to functions, duties, or powers under the Animal Products Act 1999 or any regulations or notice made under that Act, a fee of $155.00 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be exercised or performed.

Part 4 Travel costs

Where travel of a Ministry officer or employee is required for any of the matters specified in Parts 1, 2, 3, 7, and 8, an additional amount of $0.67 per kilometre travelled by the officer or employee is payable in addition to the relevant fee or charge.

Part 5 Cost of other work-related allowances

Additional amounts are payable in respect of the actual and reasonable cost to the Ministry of work-related allowances paid to Ministry officers and employees where these are fairly attributable to any of the matters specified in Parts 1, 2, 3, 7, and 8.

Without limiting the generality of what constitutes a work-related allowance, these include matters such as meal allowances, clothing and laundry allowances, and field, standby, and isolation allowances.

Part 6 Charges for use of electronic certification system

1

For industry users that access the Ministry’s electronic certification system, charges based on the following formula are payable in respect of each database request and each second of time spent on the server:

(cost per request + cost per second) × appropriate percentage

where—

cost per request is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) of the Animal Products Act 1999 for each database request, having regard to clause 2

cost per second is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) for each second of time on the server, having regard to clause 2

appropriate percentage is,—

(a)

for industry users of a class for which recognised agency use of the electronic certification system is not required, 55%:

(b)

for all other industry users, 100%.

2

In setting any cost per request or cost per second, the aim is for these costs to reflect usage of the electronic certification system for the relevant year or other period, with regular updating if appropriate.

3

This Part applies to all users of the electronic certification system.

Part 7 Ministry verification charges

Preliminary provisions
1

The charges set out in this Part apply where any verification function under the Animal Products Act 1999 is carried out by an officer or employee of the Ministry.

2

The charges set out in this Part are exclusive of goods and services tax, and goods and services tax on these charges will be added to the total invoice.

3

In this Part,—

a 4 × 10 hour day roster means designated hours of work that are identified by the employer as a 4 × 10 hour day roster

after-hours callout charges refer to charges payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside normal agreed hours of work, and are chargeable for those hours in substitution for any establishment or circuit charges

breakfast shift refers to the situation where the verification functions carried out by a verifier in any day are commenced before 6 am

circuit charges refer to charges payable in respect of any place or premises where the verification or advice functions are performed by Ministry staff who are not permanently or semi-permanently based at the place or premises

disestablishment charges means the charges payable in respect of the disestablishment of the position of a veterinary verifier due to the closure of an operator’s premises or the reduction of operations at those premises

double time refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to double time rates

establishment charges refer to charges payable in respect of any place or premises where the verification functions are performed by Ministry verifiers who are permanently or semi-permanently based at the place or premises

non-veterinary verifier means a verifier who is not a veterinarian registered under the Veterinarians Act 2005

penal rate 0.5 means—

(a)

the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Thursday; and

(b)

the rate per hour of the first 3 hours of penal time worked by an employee during the period between—

(i)

midnight at the end of Friday; and

(ii)

midday Saturday; and

(c)

the rate per hour of penal time worked by an employee for the ninth and tenth hour between 6 am and 10 pm when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 1.0 means—

(a)

the rate for every hour of penal time worked by an employee during the period between 2 am and 6 am Monday to Friday other than hours to which penal rate 0.5 applies; and

(b)

the rate for every hour of penal time worked by an employee during the period midnight at the end of Friday to midnight at the end of Sunday other than hours to which penal rate 0.5 applies; and

(c)

the rate for every hour of penal time worked by an employee on a statutory holiday; and

(d)

the rate per hour of penal time worked by an employee for the ninth and tenth hour between 10 pm and 6 am when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 2.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rate 0.5 and 1.0 apply

penal time refers to hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours (other than overtime) worked within a 40-hour week from Monday to Sunday or on a statutory holiday

reserve rate refers to the rate for hours worked by a reserve verifier

reserve verifier means a temporary veterinary verifier or supervising veterinary verifier who undertakes the work of an establishment verifier while that verifier is on annual leave or is otherwise absent on a temporary basis

shift rates refers to the rates applicable to the case where a verifier is entitled, by his or her employment contract, to extra remunerations for working shifts

supervising veterinary verifier means a veterinary verifier who has prime responsibility for the verification functions at a place or premises

time and a half, or 1½ time, refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to time and a half rates

veterinary verifier means a verifier who is a veterinarian registered under the Veterinarians Act 2005.

1Establishment charge
ABasic hourly charge on export and game sectors

For each hour normal time (but not penal time hours or 1½ or double time hours) spent by a verifier in verification functions

$41.04
BHourly charges for verifiers
(1)Veterinary verifier—
(a)non-shift rates—
per hour$70.30
per hour at 1½ time$105.50
per hour at double time$140.60
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$41.00 per shift per verifier for evening shift

(ii)

$41.00 per shift per verifier for night shift

(c)penal rates

the relevant rates specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$35.20 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$70.30 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$140.60 per hour per verifier for penal time worked at penal rate 2.0

(d)reserve rate

$70.30 per hour for each hour worked by a reserve verifier

(2)Supervising veterinary verifier—
(a)non-shift rates—
per hour$75.10
per hour at 1½ time$112.60
per hour at double time$150.20
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$41.00 per shift per verifier for evening shift

(ii)

$41.00 per shift per verifier for night shift

(c)penal rates

the relevant rate specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$37.60 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$75.10 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$150.20 per hour per verifier for penal time worked at penal rate 2.0

(d)reserve rate

$75.10 per hour for each hour worked by a reserve verifier


2Circuit charge
ABasic hourly charge on primary processors

Charge for each hour spent by a verifier in verification function

$44.90 per hour
BBasic hourly charge on secondary processors

Charge for each hour spent by a verifier in verification function

$44.90 per hour
CHourly charges for verifiers

(for all verification activities)

Verifier—
(a)non-penal rates—
per hour (excluding seafood and coolstore premises)$120.10
per hour for seafood and coolstores premises$120.10
per hour at 1½ time$180.10
per hour at double time$240.10
(b)penal rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$60.10 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$120.10 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$240.10 per hour per verifier for penal time worked at penal rate 2.0

3After-hours callout charge
AMinimum charge

Minimum charge for any individual after-hours callout, however long

charge for 3 hours at the relevant rate under item B (plus flat rate $8.70 breakfast shift charge, if applicable)

BHourly charges for verifiers
(a)per hour

$75.00 (plus flat rate $8.70 breakfast shift charge, if applicable)

(b)per hour at 1½ time

$125.00 (plus flat rate $8.70 breakfast shift charge, if applicable)

(c)per hour at double time

$150.00 (plus flat rate $8.70 breakfast shift charge, if applicable)

  
4Disestablishment charges
A

Where verifier employed by operator for less than 12 months

Either—

(a)

the actual cost of transfer or relocation; or

(b)

the actual cost of retraining; or

(c)

the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or

(d)

the lesser of—

(i)

the actual cost of redundancy; or

(ii)

the amount derived by multiplying the total ordinary pay during the period employed by 0.04165—

but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.

B

Where verifier employed by operator for 12 months or more

Either—

(a)

the actual cost of transfer or relocation; or

(b)

the actual cost of retraining; or

(c)

the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or

(d)

the lesser of—

(i)

the actual cost of redundancy; or

(ii)

an amount calculated using the following formula:

(a × 0.08) + (a × 0.04)(b − 1) + (a × c × 0.0333) + (da)

where—

a

is the veterinary verifier’s total ordinary pay for the immediately preceding 12 months

b

is the lesser of 19 or the number of completed years of employment with the operator

c

is any completed months of employment in respect of an additional period of employment with the operator of less than 12 months

d

is—

0.10

if the period of employment completed is 1 year or more but not more than 3 years

0.20

if the period of employment completed is more than 3 years but not more than 5 years

0.29165

if the period of employment completed is more than 5 years

but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.

5Charge for establishing verification services premises at any location
The actual and reasonable costs associated with establishing a full time Verification Services presence at any premises, including, but not limited to,—
(a)

capital items such as computer terminals, monitors, printers, office furniture, storage, telephones, and technical equipment; and

(b)

expenses such as costs for recruitment, transfer, relocation, induction and training, salaries, new health and safety equipment, new folders, stationary, lockable cupboards, inspection stamps, and reject and hold tags

Schedule 1 Part 7 item 2 item A: amended, on 1 July 2016, by regulation 5(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Schedule 1 Part 7 item 2 item B: amended, on 1 July 2016, by regulation 5(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Part 8 Unit charges, hourly rates, and callout charges in respect of export of live animals and animal germplasm

Unit charges payable for each relevant unit to be exportedCharge
($)

If an animal is a zoo animal and comes within the description of another animal, only the unit charge for the animal as a zoo animal is payable.

Cats and dogs (including semen) (per animal or semen consignment)104.94
Equine animals (per animal)29.63
Equine semen (per straw)1.02
Livestock (only bovine, caprine, cervine, ovine, and porcine) (per animal)3.85, with maximum charge of $19,260 per consignment
Bovine semen (per straw)0.06, with maximum charge of $2,400 per consignment
Caprine and ovine semen (per straw)0.06, with maximum charge of $2,400 per consignment
Cervine semen (per straw)0.06, with maximum charge of $2,400 per consignment
Embryos and ova (only bovine, caprine, cervine, and ovine) (per embryo or ovum)0.06
Day-old chicks and hatching eggs (only poultry and ducklings) (per chick or egg)0.01, with maximum charge of $300 per consignment
Bee packages (excluding bumble bees, but including a queen bee if applicable) (per kilogram)0.04
Queen bee (including a small number of attendant bees) or bumble bees (per queen or bumble bee)0.31
Ferrets (per animal)1.32
Lamoids (per animal)50.78
Birds (excluding budgies, lovebirds, cockatiels, finches, and rosellas) (per bird)38.00, with a maximum charge of $1,140 per consignment
Budgies, lovebirds, cockatiels, finches, and rosellas (per bird)0.27
Zoo animals (per animal)104.94
Other animals and animals germplasm not specified (per consignment)104.94
Hourly ratesCharge
($)
(1)

Hourly rate for recognised persons who are employees of the Ministry undertaking specialist functions and activities necessary for the export of live animals or germplasm:

(a)

a minimum charge for up to the first 30 minutes

93.15
(b)

for each complete hour after the first half hour

186.30
(c)

for each 15-minute block after the first half hour

46.58
(2)

Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate with the importing country alternative measures for meeting access requirements for overseas markets:

(a)

a minimum charge for up to the first 30 minutes

93.15
(b)

for each complete hour after the first half hour

186.30
(c)

for each 15-minute block after the first half hour

46.58
(3)

Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate new access requirements for overseas markets (except for exporters of cats and dogs):

(a)

a minimum charge for up to the first 30 minutes

93.15
(b)

for each complete hour after the first half hour

186.30
(c)

for each 15-minute block after the first half hour

46.58
Callout charges

Callout charges for recognised persons who are employees of the Ministry undertaking specialist functions and activities at any place or premises outside normal agreed hours of work and necessary for the export of live animals or germplasm:

(a)

where an employee is entitled, by his or her contract of employment, to time and a half rates

252.17 per hour or part of an hour
(b)

where an employee is entitled, by his or her contract of employment, to double time rates

318.04 per hour or part of an hour
(c)

where an employee works on a public holiday within the meaning of the Holidays Act 2003

845.13 per day or part of a day, plus
211.28 for each hour or part of an hour worked

Schedule 1 Part 8: amended, on 1 July 2016, by regulation 5(3) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Schedule 1 Part 8: amended, on 1 July 2016, by regulation 5(4) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Schedule 2 Levies

rr 5, 6, 10

Schedule 2: replaced, on 1 July 2015, by regulation 7 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Preliminary provisions
1

The levies set out in this schedule are payable by—

(a)

operators of risk management programmes in respect of operations under the programme:

(b)

operators of hides and skins export approved premises:

(c)

homekill and recreational catch providers (not being dual operator butchers):

(d)

operators of fishing vessels who are operating under—

(i)

a risk management programme and who undertake primary processing of fish and bivalve molluscan shellfish; or

2

The levies set out in this schedule are payable irrespective of who performs any verification or other function in relation to the processing operations.

3

The levies set out in this schedule are exclusive of goods and services tax, and goods and services tax on those levies will be added to the total invoice.

4

In any case, a minimum levy of $77.50 (excluding goods and services tax) is payable under this schedule.

5

In this schedule, dual operator butcher, homekill, and recreational catch have the meanings given to them in section 4(1) of the Animal Products Act 1999.

1Levies per head where animals slaughtered and dressed
The following levies are payable by the operators (not being homekill or recreational catch service providers) of premises or places where the animals specified are slaughtered and dressed, on the basis of the number of animals slaughtered and dressed:
Operators that process wholly or partly for exportOperators that process only for consumption within New Zealand
Lambs, bobby calves$0.135 per head$0.04 per head
Goats$0.12 per head$0.04 per head
Sheep$0.157 per head$0.04 per head
Pigs$0.31 per head$0.09 per head
Cattle$0.974 per head$0.25 per head
Horses$0.86 per head$0.25 per head
Deer$1.38 per head$1.04 per head
Ostriches, emus$22.00 per head$3.50 per head
Poultry$0.004430 per bird$0.004430 per bird
Other species (other than fish)$0.27 per head$0.27 per head
2Annual levies for fish
The following levies are payable on the basis of greenweight tonnage of fish or bivalve molluscan shellfish processed on the fishing vessel:
(a)

primary processors of fish other than bivalve molluscan shellfish

$0.20 per tonne of fish—

(a)processed on a fishing vessel that are—
(i)filleted at sea for consumption in New Zealand; or
(ii)otherwise processed at sea for consumption in New Zealand and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or
(b)processed by an onshore processor except for fish that are—
(i)filleted at sea for consumption in New Zealand; or
(ii)otherwise processed at sea for consumption in New Zealand and that are only transported or stored by the onshore processor; or

$0.50 per tonne of fish—

(a)processed on a fishing vessel that are—
(i)filleted at sea for export; or
(ii)otherwise processed at sea for the purposes of export and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or
(b)processed by an onshore processor except for fish that are—
(i)filleted at sea for export; or
(ii)otherwise processed at sea for the purposes of export and that are only transported or stored by the onshore processor
(b)

primary processors of bivalve molluscan shellfish

$1.50 per tonne of bivalve molluscan shellfish processed (if an operator processes only for consumption in New Zealand); or

$2.90 per tonne of bivalve molluscan shellfish processed (if an operator processes wholly or partly for export)

3Annual levy for coolstores and other storage premises
Operator of a coolstore or other storage premises, per coolstore or other premises$207.30 per annum
4Annual levy for homekill and recreational catch service providers (not being dual operator butchers)
Homekill and recreational catch service providers (not being dual operator butchers) listed under section 76 of the Animal Products Act 1999, per application for listing or re-listing$100 per annum
5Annual levy for primary or secondary animal processing premises or places that do not include animal slaughter (not being homekill or recreational catch service providers)
(a)annual levy for bee products$471.80 per annum*$1,005.70 per annum1
(b)annual levy for egg products$527.30 per annum for all processors
(c)annual levy for animal feed processors$684.10 per annum*$769.60 per annum1
(d)annual levy for dual operator butchers$256.50 per annum for all processors
(e)annual levy for renderers$132.80 per annum*$559.70 per annum1
(f)annual levy for hides and skins processors$136.00 per annum for all processors
(g)annual levy for primary or secondary processors processing animal material or animal product not covered under paragraph (a) to (f)$710.10 per annum*$784.50 per annum1
(h)annual levy for primary or secondary processors processing animal material or animal products covered by 1 or more of paragraphs (c), (e), and (g)A single levy that is the highest of the applicable levies under the applicable paragraph
*Operators that process only for consumption within New Zealand
1Operators that process wholly or partly for export

Schedule 2 item 5(h): amended, on 1 July 2016, by regulation 6 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2007.

Reprints notes
1 General

This is a reprint of the Animal Products (Fees, Charges, and Levies) Regulations 2007 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.