Animal Products (Fees, Charges, and Levies) Amendment Regulations 2010

Reprint
as at 27 November 2010

Crest

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2010

(SR 2010/172)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 21st day of June 2010

Present:
His Excellency the Governor-General 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 New Zealand Food Safety Authority.


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) Amendment Regulations 2010.

2 Commencement
  • These regulations come into force on 1 July 2010.

    Animal Products (Fees, Charges, and Levies) Amendment Regulations 2010: confirmed, on 27 November 2010, by section 7 of the Subordinate Legislation (Confirmation and Validation) Act 2010 (2010 No 127).

3 Principal regulations amended
4 Schedule 1 amended
  • (1) Part 1 of Schedule 1 is amended by omitting item 16 and substituting the corresponding item set out in Schedule 1 of these regulations.

    (2) Part 1 of Schedule 1 is amended by omitting item 18 and substituting the corresponding item set out in Schedule 1 of these regulations.

    (3) Part 1 of Schedule 1 is amended by omitting items 19 and 25.

    (4) Item 26 of Part 1 of Schedule 1 is amended by omitting list and substituting register.

    (5) Item 27 of Part 1 of Schedule 1 is amended by omitting listing and substituting registering.

    (6) Item 1A of Part 7 of Schedule 1 is amended by omitting $38.04 and substituting $41.04.

5 Schedule 2 amended
  • (1) Note 1 of Schedule 2 is amended by revoking paragraph (c) and substituting the following paragraph:

    • (c) 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

      • (ii) the regulated control scheme set out in the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001.

    (2) Schedule 2 is amended by revoking clause 2 and substituting the corresponding clause set out in Schedule 2 of these regulations.


Schedule 1
New items substituted in Part 1 of Schedule 1 of principal regulations

r 4

16

Reissue of official assurance under section 64(2) if replacement insurance demanded by importing country

 

$412 per replacement certificate plus assessment charge on hourly basis specified in Part 2 for any hours exceeding 3 hours to a maximum of $1,000, plus disbursements at cost

18

Registration of transport operator, vehicle docking facility operator, or wharf operator under notice issued under section 40

 

$137.25 per application plus assessment charge on hourly basis specified in Part 2

Schedule 2
New clause 2 substituted in Schedule 2 of principal regulations

r 5(2)

2

Annual 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

 

$0.42 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

   

$0.82 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 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

 

$3.88 per tonne of bivalve molluscan shellfish processed (if an operator processes only for consumption in New Zealand); or

   

$5.65 per tonne of bivalve molluscan shellfish processed (if an operator processes wholly or partly for export)

Michael Webster,
for 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 1 July 2010, amend the Animal Products (Fees, Charges, and Levies) Regulations 2007, which provide for fees, charges, and levies payable under the Animal Products Act 1999 (the principal Act).

The amendments—

  • substitute new items 16 and 18 of Part 1 of Schedule 1, which relate to the fee for a reissue of official assurance under section 64(2) of the principal Act if replacement assurance is demanded by an importing country and the fee for the registration of transport operators, vehicle docking facility operators, or wharf operators under a notice issued under section 40 of the principal Act:

  • omit items 19 and 25 of Part 1 of Schedule 1, which relate to the annual registration fee for transport operators and applications to list as a certified supplier of pet food:

  • reword items 26 and 27 of Part 1 of Schedule 1, which relate to the fee for an application to register a limited processing vessel and the annual limited processing vessel registration fee:

  • increase the basic hourly charge on export and game sectors specified in item 1A of Part 7 of Schedule 1 (which relates to New Zealand Food Safety Authority verification charges) from $38.04 to $41.04 (excluding GST):

  • substitute new note 1(c) and clause 2 of Schedule 2, which relate to annual levies for fish to clarify the point at which the levies are payable.


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

Date of notification in Gazette: 24 June 2010.


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 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2010. The reprint incorporates all the amendments to the regulations as at 27 November 2010, 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)
  • Subordinate Legislation (Confirmation and Validation) Act 2010 (2010 No 127): section 7