Animal Welfare (Cost Recovery) Regulations 2015

Reprint as at 1 July 2019

Coat of Arms of New Zealand

Animal Welfare (Cost Recovery) Regulations 2015

(LI 2015/89)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 11th day of May 2015

Present:
The Right Hon John Key presiding 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 183 of the Animal Welfare Act 1999, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Primary Industries after meeting the requirements of section 182 of that Act.

Regulations

1 Title

These regulations are the Animal Welfare (Cost Recovery) Regulations 2015.

2 Commencement

These regulations come into force on 1 July 2015.

3 Interpretation

In these regulations, unless the context otherwise requires,—

working hours means the hours between 8 am and 5 pm on any day except—

(a)

a Saturday or a Sunday; and

(b)

Christmas Day, Boxing Day, New Year’s Day, the day after New Year’s Day; and

(c)

Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(d)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(e)

in respect of a particular place, the anniversary day of the region in which that place is situated.

4 Fees and charges

(1)

The fees and charges set out in the Schedule are payable in respect of the matters to which they relate.

(2)

The fees and charges are exclusive of goods and services tax.

5 When fees and charges payable

The fees and charges set out in the Schedule are payable on the making of the relevant application or on performance of the relevant service, as the case may require.

6 Director-General may remit or waive costs

(1)

The Director-General may remit or waive any costs recovered, or to be recovered, under these regulations, in whole or in part, if the Director-General is satisfied—

(a)

that the services performed do not justify the costs payable under these regulations; or

(b)

that special circumstances applicable to a particular case make it reasonable to waive the recovery (in whole or in part) of the costs payable under these regulations.

(2)

In this regulation, costs includes fees and charges.

7 Revocation

Schedule Fees and charges

rr 4, 5

Part 1 Fees and charges

Matter for which fee or charge payableFee or charge*Fee or charge payable by
1Application under section 42 of the Act for an animal welfare export certificate$46.58 per application
Plus assessment charge on hourly basis after the first 15 minutes, as specified in Part 2
The applicant
2Performance or exercise of a function, duty, or power that is—
(a)

required to be undertaken under the Act, including under any regulations; and

(b)

not prescribed elsewhere in these regulations.

$67.50
Plus assessment charge on hourly basis after the first 30 minutes, as specified in Part 2
The person whose actions resulted in the function, duty, or power being required to be performed or exercised
*Fee or charge exclusive of any applicable costs payable under Part 3 or 4

Schedule Part 1 item 1: amended, on 1 July 2019, by regulation 4(1)(a) of the Animal Welfare (Cost Recovery) Amendment Regulations 2019 (LI 2019/121).

Schedule Part 1 item 2: amended, on 1 July 2019, by regulation 4(1)(b) of the Animal Welfare (Cost Recovery) Amendment Regulations 2019 (LI 2019/121).

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 or 30 minutes, as the case may be, spent on assessing the matter concerned:

CategoryFee
(a)for each hour (excluding final part-hour) during working hours spent by a person employed by the Ministry under item 1 in Part 1 of this schedule$186.30
(b)for each 15-minute block in final part-hour spent under paragraph (a)$46.58
(c)for each hour (excluding final part-hour) outside working hours spent by a person employed by the Ministry under item 1 in Part 1 of this schedule$252.17
(d)for each 15-minute block in final part-hour spent under paragraph (c)$63.04
(e)for each hour (excluding final part-hour) during work hours spent by a person (whether or not employed by the Ministry) under item 2 in Part 1 of this schedule$135.00
(f)for each 15-minute block in final part-hour spent under paragraph (e)$33.75

Schedule Part 2 item (e): amended, on 1 July 2019, by regulation 4(2)(a) of the Animal Welfare (Cost Recovery) Amendment Regulations 2019 (LI 2019/121).

Schedule Part 2 item (f): amended, on 1 July 2019, by regulation 4(2)(b) of the Animal Welfare (Cost Recovery) Amendment Regulations 2019 (LI 2019/121).

Part 3 Costs incurred by Ministry

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 made under the Act.

2

The costs in clause 1 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 Act or any regulations made under the Act, a fee of $155 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be performed or exercised.

Part 4 Travel costs

Where travel of a Ministry employee, or a person engaged by the Ministry who is not an employee, is required for any of the matters specified in Parts 1, 2, and 3, an additional amount of $0.67 per kilometre travelled by the employee or person is payable in addition to the relevant fee or charge.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 May 2015.

Reprints notes
1 General

This is a reprint of the Animal Welfare (Cost Recovery) Regulations 2015 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/.

4 Amendments incorporated in this reprint

Animal Welfare (Cost Recovery) Amendment Regulations 2019 (LI 2019/121)