This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 (the principal regulations). The amendments—
facilitate the transfer of the core database from Livestock Improvement Corporation (LIC) to the Crown’s nominee (the manager of the core database):
remove the requirements on LIC under regulation 9 of the principal regulations to provide herd testing services nationwide at uniform prices within regions:
retain the New Zealand Dairy Core Database Access Panel’s (the Access Panel) oversight of LIC under regulations 23 and 24 of the principal regulations in respect of core dairy herd testing data held by LIC.
Regulation 4 inserts into regulation 3 of the principal regulations a definition of manager of the core database.
Regulation 5 inserts new regulation 3A into the principal regulations, which gives effect to the transitional, savings, and related provisions set out in new Schedule 1AA. Clauses 1 to 3 of new Schedule 1AA preserve the effect of the principal regulations in their pre-amendment state (that is, as they read immediately before the commencement of these regulations) until LIC transfers a copy of the core database to the manager of the core database. Clause 4 of new Schedule 1AA relocates in that schedule the content of former regulation 31, which relates to transitional provisions about applications and decisions.
Regulation 12 revokes regulation 9 of the principal regulations, which removes the requirement that LIC offer nationwide herd testing services and uniform prices within regions.
Regulation 20 replaces regulation 22 of the principal regulations with a new regulation that shifts from LIC to the manager of the core database the obligation of retaining core herd testing data in electronic form and replaces regulation 23 of those regulations with a new regulation that requires the 2 entities to comply with the decisions of the Access Panel (subject to payment of access charges).
Since LIC retains a copy of the core database, various provisions of the principal regulations will continue to apply to LIC in relation to the information it holds until its role is removed by an amendment to the Dairy Industry Restructuring Act 2001 (the Act).
Section 5(1) of the Act defines the core database as the part of the database operated by LIC that comprises the following information:
information provided to LIC under the Herd Testing Regulations 1958 or under the terms and conditions of any licence issued under those regulations:
information provided to LIC under any regulations made under the Act.
Section 65A of the Act enables the Crown to nominate a dairy industry entity to manage the core database in place of LIC if LIC’s constitution is amended in accordance with section 51 of the Act to remove the requirement in section 47 of the Act to retain the core database. The Crown’s proposed nominee is DairyNZ Incorporated, a company that is fully funded by farmers through a levy paid under the Commodity Levies (Milksolids) Order 2009.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 4 September 2014.
These regulations are administered by the Ministry for Primary Industries.