National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012

2012/397

Coat of Arms of New Zealand

National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of December 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 69 of the National Animal Identification and Tracing Act 2012, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Primary Industries, makes the following regulations.

Regulations

1 Title
  • These regulations are the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on 10 January 2013.

3 Principal regulations
4 Regulation 5 amended (Registration under sections 27 and 29)
  • After regulation 5(5), insert:

    • (5A) The organiser of an event (such as an agricultural show or rodeo) involving any NAIT animals who is required to notify the NAIT organisation of the event and register its location (if it is not currently registered) under section 29(3) must, at least 72 hours before the event, notify the NAIT organisation of the date of the event and the address of the location of the event and register the location of the event with the NAIT organisation.

    • (5B) The owner of a place where NAIT animals will be temporarily held during transport or droving between 2 NAIT locations who is required to register the place (if it is not currently registered) under section 29(4) must, at least 24 hours before temporarily holding animals at the place, register the place as a transit stop NAIT location with the NAIT organisation.

5 Regulation 9 amended (Animal exit declaration under section 32)
  • (1) Replace regulation 9(3)(d) with:

    • (d) the date on which the PICA first knows that the animal has died.

    (2) In regulation 9(4)(c), after fitted to the animal, insert , if known by the PICA.

    (3) Replace regulation 9(4)(d) with:

    • (d) the date on which the PICA first knows that the animal is lost.

6 Regulation 10 amended (Timing requirements authorised by section 33)
  • (1) In the heading to regulation 10, after Timing, insert and other.

    (2) Replace regulation 10(4) with:

    • (4) A PICA making a declaration under section 32 must make it—

      • (a) within 48 hours after the end of the day on which the animal is slaughtered, in the cases dealt with in regulation 9(2):

      • (b) within 48 hours after the end of the day on which the PICA first knows that the animal has died, in the cases dealt with in regulation 9(3):

      • (c) within 48 hours after the end of the day on which the PICA first knows that the animal is lost, in the cases dealt with in regulation 9(4).

    (3) After regulation 10(5), insert:

    • (6) A PICA for a NAIT location must take all reasonable steps to ensure that information the PICA provides under section 33(a) to the NAIT organisation electronically or orally by phone is accurate and correct at the time it is provided.

7 Regulation 17 amended (Impracticable to fit device)
  • (1) Replace regulation 17(3)(b) with:

    • (b) movement of a fallow deer to a place that is a meat processing facility, game estate, safari park, zoo, or other NAIT location.

    (2) Replace regulation 17(5)(c) with:

    • (c) the animal's approximate age, breed, and gender; and.

    (3) Replace regulation 17(8)(c) with:

    • (c) the animal's approximate age, breed, and gender; and.

8 New regulations 26 and 27 and cross-heading inserted
  • After regulation 25, insert:

    Further provisions

    26 Conditions relating to access to data
    • (1) A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5)(a) that restrict the use to which the data may be put.

      (2) A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5)(b) that prohibit further disclosure of the data.

      (3) A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5) other than conditions referred to in paragraphs (a) to (d) of that provision.

    27 Offences and penalties
    • (1) A person or organisation commits an offence if the person or organisation contravenes or fails to comply with any of regulations 5, 6(2) and (3), 7, 8, 9, 10, 11, 16(3) and (4), 17(4), (6), (7), and (9), 18(2), 21(3), (6), and (7), 25(2), and 26.

      (2) A person or organisation that commits an offence against this regulation is liable on conviction to a fine not exceeding $1,000.

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 10 January 2013, amend the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 (the principal regulations). The regulations relate to provisions in the National Animal Identification and Tracing Act 2012 (the Act). References in these regulations to a PICA are references to a natural person in day-to-day charge of a NAIT animal.

Regulation 4 amends regulation 5 of the principal regulations by inserting new subclauses (5A) and (5B).

New subclause (5A) requires the organiser of an event (such as an agricultural show or rodeo) involving any NAIT animals to notify the NAIT organisation of the date of the event and the address of the location of the event, and to register the location of the event with the NAIT organisation, at least 72 hours before the event (see section 29(3) of the Act).

New subclause (5B) requires the owner of a place where NAIT animals will be temporarily held during transport or droving between 2 NAIT locations to register the place as a transit stop at least 24 hours before temporarily holding animals at the place (see section 29(4) of the Act).

Regulation 5 amends regulation 9 of the principal regulations by replacing a reference to the date of an animal's death with a reference to the date on which the PICA first knows that the animal has died.

Regulation 6 amends regulation 10 of the principal regulations, which relates to timing requirements authorised by section 33 of the Act. Regulation 10 is amended by—

This regulation also replaces a reference to the date of an animal's death with a reference to the date on which the PICA first knows that the animal has died.

Regulation 7 amends regulation 17 of the principal regulations, which relates to cases where it is impracticable to fit a NAIT device to an animal. Regulation 17 is amended by—

Regulation 8 inserts new regulations 26 and 27, which relate to requirements in section 47(5) of the Act and offences against the regulations.

New regulation 26 requires a person granted access to data by the administrator or the panel under section 45 or 46 of the Act to comply with conditions that—

  • restrict the use to which the data may be put; or

  • prohibit further disclosure of the data; or

  • are imposed under 47(5) of the Act other than a condition listed in that provision.

New regulation 27 creates offences for contravening or failing to comply with specified regulations. The maximum penalty that may be imposed on conviction is a fine of $1,000. Some of these offences are also listed as infringement offences under the National Animal Identification and Tracing (Infringement Offences) Regulations 2012.


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

Date of notification in Gazette: 13 December 2012.

These regulations are administered by the Ministry for Primary Industries.