Supplementary Order Paper No 2

No 2

House of Representatives

Supplementary Order Paper

Tuesday, 7 February 2012

National Animal Identification and Tracing Bill


Proposed amendments

Hon David Carter, in Committee, to move the following amendments:

Clause 4

In clause 4, replace the definition of transit stop (lines 15 to 17 on page 9) with:

transit stop means a NAIT location where a NAIT animal is temporarily held during transport or droving between 2 NAIT locations

In clause 4, replace the definition of transition animal (lines 18 to 20 on page 9) with:

transition animal means a NAIT animal that was born before the species or sub-group of species to which it belongs was subject to the NAIT scheme

Clause 5

In clause 5(c), delete ; and (line 30 on page 9).

Delete clause 5(d) (line 31 on page 9 to line 2 on page 10).

In clause 5 (after line 2 on page 10), insert as subclause (2):

  • (2) A NAIT location may comprise—

    • (a) a single rating unit; or

    • (b) 2 or more contiguous rating units; or

    • (c) 2 or more non-contiguous rating units, as long as each rating unit is within, or straddles, the circumference of a circle with a radius prescribed in regulations made under this Act; or

    • (d) a combination of contiguous and non-contiguous rating units each of which—

      • (i) is within the circle; or

      • (ii) straddles the circumference of the circle; or

      • (iii) is part of a group of contiguous rating units at least 1 of which is either within the circle or straddles the circumference of the circle.

Clause 18

In the heading to clause 18, deletet and accredited entities dealing with NAIT animals (lines 27 and 28 on page 26).

Delete clause 18(2) (lines 5 to 8 on page 27).

Clause 19

After clause 19(4) (after line 34 on page 27), insert:

  • (4A) Any consultation undertaken by NAIT Limited before the commencement of subsection (3)(a) in respect of an accreditation standard is to be treated as consultation by the NAIT organisation for the purposes of subsection (3)(a).

Clause 20

In the heading to clause 20, replace providers and entities dealing with NAIT animals to provide movement information (lines 7 and 8 on page 28) with providers and entities dealing with NAIT animals.

Replace clause 20(1) (lines 10 to 25 on page 28) with:

  • (1) The NAIT organisation may accredit—

    • (a) an entity as an information provider, if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited:

    • (b) an entity dealing with NAIT animals, if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited.

  • (1A) An accreditation under subsection (1)(b) is for the purpose of enabling a PICA sending a NAIT animal to (or receiving a NAIT animal from) a PICA employed by the entity to qualify for any exemptions specified in regulations made under this Act with respect to the obligation to declare movement of the animal.

Replace clause 20(5)(a)(i)(B) (lines 7 and 8 on page 29) with:

  • (B) an accredited entity for the purpose of subsection (1A):

Clause 21

After clause 21(2) (after line 38 on page 30), insert:

  • (2A) A revocation may, where an information provider or entity that deals with NAIT animals operates at more than 1 location, be restricted to a particular location or locations.

Clause 25

Delete clause 25(1)(a)(iii) (lines 6 to 8 on page 34).

In clause 25(2)(b), replace duties (line 14 on page 34) with functions and duties.

Delete clause 25(2)(c) (lines 16 to 18 on page 34).

Replace clause 25(4) (lines 22 to 24 on page 34) with:

  • (4) To avoid doubt, an entity accredited under section 20(1)(b) to deal with NAIT animals may employ 1 or more PICAs for whom the obligations set out in Part 3 apply under subsection (1)(a).

Clause 29

In clause 29(7)(c), replace organisation (line 18 on page 36) with entity dealing with NAIT animals.

Clause 30

In clause 30(1)(b), delete in accordance with the regulations made under this Act (lines 27 and 28 on page 36).

Clause 33

In clause 33(1), delete , as prescribed in regulations made under this Act (lines 23 and 24 on page 37).

In clause 33(2), delete , as prescribed in regulations made under this Act (lines 27 and 28 on page 37).

Clause 34

Delete clause 34(2) (lines 6 to 8 and the table on page 38).

New clause 34A

After clause 34 (before line 9 on page 38), insert:

34A When reporting time frames may be extended
  • (1) Despite section 34(c), the NAIT organisation may, after consulting the Ministry and, if applicable, the relevant agency, give notice of alternative time limits to those prescribed by regulations made under this Act for the provision of information by any PICA.

    (2) Notice under subsection (1)

    • (a) may only be given in the following circumstances:

      • (i) if a state of national or local emergency is declared under Part 4 of the Civil Defence Emergency Management Act 2002; or

      • (ii) if the NAIT organisation is satisfied on reasonable grounds that non-compliance with the time limits prescribed by regulations made under this Act is justified; and

    • (b) must be published in the Gazette and may be given anywhere else that the NAIT organisation considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation.

    (3) If, before notice is given under subsection (1), a PICA has failed to comply with the time limits prescribed by regulations made under this Act, the NAIT organisation may extend the time for the PICA to comply with those time limits.

    (4) However, subsection (3) applies only if the NAIT organisation is satisfied that the PICA's non-compliance was caused by, or is justifiable in, the circumstances leading to notice being given under subsection (1).

    (5) The alternative time limits notified by the NAIT organisation under subsection (1) are enforceable by the NAIT organisation as if the time limits were prescribed by regulations made under this Act.

    (6) In subsection (1), relevant agency means the agency that makes the declaration under Part 4 of the Civil Defence Emergency Management Act 2002.

Clause 45

Replace clause 45(2)(b) (lines 10 and 11 on page 44) with:

  • (b) information that—

    • (i) is about an animal for which the applicant is the PICA; and

    • (ii) is not another PICA's personal information.

Clause 46

In clause 46(4)(a), replace whose data it is (line 16 on page 45) with to whose personal information the applicant seeks access.

In clause 46(20), after PICA or (line 22 on page 47), insert particular.

After clause 46(21) (after line 31 on page 47), insert:

  • (21A) An entity dealing with NAIT animals may make an application for access to enable a particular PICA or particular PICAs for the entity to link into and access the NAIT information system, individually or jointly, for the purposes of inputting and editing core data.

  • (21B) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

    • (a) the entity is currently accredited under section 20; and

    • (b) the linking and access do not compromise the operation of the NAIT information system.

Clause 153

In clause 153(1)(a), after date (line 20 on page 109), insert of this section.

Clause 163A

In clause 163A(4), replace a levy (line 24 on page 120) with an.

Clause 164

In clause 164(3)(c), replace procedures (line 29 on page 121) with information and requirements.

New clause 164A

After clause 164 (after line 30 on page 122), insert:

164A Incorporation of material by reference
  • (1) Regulations and standards made under this Act may incorporate by reference all or any part of the following kinds of written material:

    • (a) frameworks, codes of practice, standards, requirements, or recommended practices of international or national organisations:

    • (b) frameworks, codes of practice, standards, requirements, or recommended practices prescribed in any country or jurisdiction:

    • (c) material that is from any other source, deals with technical matters, and is too large to include in, or print as part of, the regulations or standards:

    • (d) material that is from any other source and deals with technical matters and that it would be impracticable to include in, or print as part of, the regulations or standards:

    • (e) the current edition of a work of reference that the Director-General or the NAIT organisation considers is accepted internationally or by an industry as a standard one to refer to on the subject matter of the particular work:

    • (f) a specific edition of a work of reference that the Director-General or the NAIT organisation considers is accepted internationally or by an industry as a standard one to refer to on the subject matter of the particular work:

    • (g) a register established by or under this Act.

    (2) If material is incorporated by reference in regulations or standards made under this Act, Schedule 1B applies to that material.

    (3) However, if the incorporated material is a New Zealand Standard (as defined in section 2 of the Standards Act 1988), that Act applies.

Clause 166

In clause 166(1), after starting on the commencement date (lines 5 and 6 on page 123), insert of this section.

In clause 166(2), after date (line 10 on page 123), insert of this section.

Schedule 1

In Schedule 1, item relating to cattle, after buffalo (line 5 on page 124), insert that are farmed or kept in captivity.

In Schedule 1, item relating to deer, replace all farmed members of the family Cervidae (line 6 on page 124) with all members of the family Cervidae that are farmed or kept in captivity.

Schedule 1A

Delete clause 2(1)(d) (lines 35 and 36 on page 126).

Replace clause 2(2) (lines 1 to 11 on page 127) with:

  • (2) The matters that may be required under subclause (1) must be reasonably necessary for the purpose of—

    • (a) determining whether—

      • (i) a person is duly registered as a PICA in respect of 1 or more specified NAIT locations; or

      • (ii) a person is complying with this Act, regulations made under it, or standards issued under it; or

      • (iii) a NAIT officer, a NAIT authorised person, or the Director-General should exercise other powers under this Act for the purpose of ascertaining and ensuring compliance with this Act; or

    • (b) ascertaining the movements of NAIT animals.

New Schedule 1B

After Schedule 1A (after page 183), insert:

Schedule 1B
Provisions applying where material is incorporated by reference in regulations made under section 164A

s 164A(2)

1 Incorporation of material by reference in regulations or standards
  • (1) Material incorporated by reference in regulations or standards made under this Act may be incorporated—

    • (a) in whole or in part; and

    • (b) with modifications, additions, or variations specified in the regulations or standards.

    (2) The material incorporated by reference has legal effect as part of the regulations or standards.

2 Effect of amendments to, replacement of, and expiry of, material incorporated by reference
  • (1) An amendment to, or replacement of, existing material incorporated by reference into regulations or standards made under this Act has legal effect as part of the regulations or standards only if the regulations or standards—

    • (a) provide that a reference to that particular existing material includes a reference to the material as subsequently amended or replaced; or

    • (b) are amended to refer to the material as amended or replaced.

    (2) If material that is incorporated by reference expires or ceases to have effect, and is not replaced, the material continues to have effect for the purpose of the regulations or standards unless or until the regulations or standards are amended in a way that means the material is no longer incorporated by reference.

3 Proof of material incorporated by reference
  • (1) A copy of material incorporated by reference in regulations or standards made under this Act, including any amendment to or replacement of the material, must be—

    • (a) certified as a correct copy of the material by the chief executive of the Ministry or, in the case of standards made by the NAIT organisation, by the chief executive of that organisation; and

    • (b) retained by the chief executive of the Ministry or of the NAIT organisation, as the case requires.

    (2) The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of the material in the regulations or standards.

4 Requirement to consult
  • (1) Subclause (2) does not apply if, in relation to particular material (including amendment or replacement material) proposed to be incorporated by reference into regulations or standards made under this Act,—

    • (a) the material would amend or replace existing material incorporated by reference, and the regulations or standards provide that references to that existing material include references to any amendment to or replacement of the material; or

    • (b) the Minister is satisfied that the NAIT organisation already uses, or has been adequately consulted on, the material proposed to be incorporated by reference.

    (2) Before regulations or standards are made that incorporate material by reference (including amendment or replacement material), the chief executive of the Ministry must—

    • (a) make copies of the material available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry or of the NAIT organisation, as the case requires; and

    • (b) ensure that copies of the material are available for purchase; and

    • (c) give notice in the Gazette of where and when the material may be inspected free of charge, and how it may be purchased; and

    • (d) allow a reasonable opportunity for persons to comment on the proposal to incorporate the material by reference; and

    • (e) consider any comments made.

    (3) Subclause (2) applies to the chief executive of the NAIT organisation in the case of standards made by that organisation.

    (4) A failure to comply with subclause (2) does not invalidate regulations or standards that incorporate material by reference.

5 Access to material incorporated by reference
  • (1) The chief executive of the Ministry or of the NAIT organisation, as the case requires,—

    • (a) must make any material that is incorporated by reference into regulations or standards made under this Act available for inspection at the head office of the Ministry or of the NAIT organisation, as the case requires, during working hours, free of charge; and

    • (b) must ensure that copies of the material are available for purchase; and

    • (c) may make copies of the material available in any other way that the chief executive considers appropriate (for example, on an Internet site); and

    • (d) must give notice in the Gazette

      • (i) stating that the material is incorporated in the regulations or standards and giving the date on which they were made; and

      • (ii) setting out where and when the material may be inspected free of charge, and how it may be purchased.

    (2) A failure to comply with subclause (1) does not invalidate the regulations or standards that incorporate the material by reference.

6 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
  • The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in regulations.

7 Application of Regulations (Disallowance) Act 1989
  • (1) Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in regulations or standards made under this Act to be presented to the House of Representatives.

    (2) The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of the Act made by subclause (1), applies to regulations.


Explanatory note

This Supplementary Order Paper replaces Supplementary Order Paper No 288 dated Wednesday, 5 October 2011 and amends the National Animal Identification and Tracing Bill.

The changes proposed in this Supplementary Order Paper are as follows:

  • the amendments to clause 4 provide new definitions of transit stop and transition animal:

  • to better reflect the possible arrangements of rating units, new clause 5(2)(d) enables the registration, as a single NAIT location, of a combination of contiguous and non-contiguous rating units, provided that each unit—

    • (a) is within or straddles the circumference of a prescribed circle; or

    • (b) is part of a group of contiguous units at least 1 of which is within or straddles the circumference of that circle:

  • the changes in clauses 18 and 20 clarify the distinct roles of an information provider and an accredited entity when dealing with NAIT animals:

  • clause 19 is amended to provide that consultation carried out by NAIT Limited on an accreditation standard before the commencement of that section is regarded as the consultation required by that section:

  • clause 21 is amended to clarify that revocation of accreditation may be restricted to a particular location or locations from which an information provider or accredited entity that deals with NAIT animals operates:

  • the amendments to clause 25 carry through the amendments to clause 18 and the amendments to clauses 29, 30, and 33 remove redundant words:

  • changes to new clause 34A provides for reporting times to be extended in the specified circumstances. It clarifies the obligations on a PICA under certain emergency situations:

  • clauses 45, 46, 153, 163A, and 164 make drafting amendments to improve the consistency of the language of the Bill. The changes to clause 45 also clarify that a person may, as of right, access information about an animal for which that person is the PICA, but that does not include access to the personal information of another PICA; and the changes to clause 46 enable an accredited entity dealing with NAIT animals to access the NAIT information system on specified terms:

  • new clause 164A introduces the power to incorporate certain material by reference in regulations and standards made under the Bill:

  • the changes to clause 166 clarify that the references are to the commencement of that clause:

  • Schedule 1 is amended to clarify or correct the descriptions of the specified NAIT animals:

  • Schedule 1A, clause 2 is amended to clarify the scope of the information that may be required by a NAIT officer or NAIT authorised person:

  • New Schedule 1B sets out further provisions applying if material is incorporated by reference.