provides for the rapid and accurate tracing of individual, or groups of, NAIT animals from birth to death or live export; and

provides information on the current location and movement history of individual, or groups of, NAIT animals; and

improves biosecurity management; and

manages risks to human health arising from residues in food, food-borne diseases, and diseases that are transmissible between animals and humans; and

supports improved animal productivity, market assurances, and trading requirements.

where 1 or more NAIT animals are kept or held; and

that has been registered with the NAIT organisation; and

that has been issued with a location identifier by the NAIT organisation.

a single rating unit; or

2 or more contiguous rating units; or

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

a combination of contiguous and non-contiguous rating units each of which—

beginning with the commencement of this section; and

ending on the date specified with the designation of an entity as the NAIT organisation under section 8.

NAIT Limited ceases to exist or becomes bankrupt or insolvent; or

the Minister believes, on reasonable grounds, that—

designate a suitable entity to be the NAIT organisation; and

specify the date on which the entity must begin to perform the functions and duties, and exercise the powers, of the NAIT organisation, which date must be no later than 1 July 2013.

be satisfied that the entity—

must have regard to—

NAIT Limited as the NAIT organisation; or

an entity that NAIT Limited (whether or not dissolved)—

the continued involvement of the NAIT organisation poses a significant risk to the integrity and effective operation of the NAIT scheme or to New Zealand’s trading reputation or economic interests; or

a failure by the NAIT organisation to perform a function or duty under this Act poses a risk to the integrity and effective operation of the NAIT scheme or to New Zealand’s trading reputation or economic interests.

appoint, for a specified period, 1 or more suitable persons to—

revoke the designation of the NAIT organisation and appoint 1 or more suitable persons in place of the NAIT organisation to—

subsection (1)(a) must—

subsection (1)(b) must be—

to observe the decision-making processes and decisions of the board; and

to assist the board to understand Government priorities and expectations; and

to advise the Minister on any matters relating to the NAIT organisation.

meet its obligations under this Act and any regulations made under this Act, including (but not limited to)—

modify its constitution or rules to—

in the event that an appointment is made under section 9(1)(a) or (b), ensure that there is continuity of access to the NAIT information system (before and after the appointment) by persons entitled to access it under Part 4; and

arrange for its activities to be independently audited each year against the measures specified in the national operations plan; and

perform any function or duty that the Minister directs under subsection (2).

in accordance with the terms of any agreement entered into by the NAIT organisation and the Crown; or

if there is no agreement, in accordance with any direction of the Minister given under subsection (2).

may contract out the functions, duties, and powers specified in subsection (1)(a)(i) to (v) and (vii) to (x), but remains responsible and accountable for the performance of those functions and duties and the exercise of those powers; and

may not contract out the compliance and enforcement functions specified in subsection (1)(a)(vi) unless—

must, on an annual basis, review any national operations plan that is implemented under subsection (1)(a)(x); and

must amend the plan if the NAIT organisation considers an amendment necessary or desirable in the light of the purpose of this Act; and

must, as soon as practicable after the review is completed, provide the Minister with the findings of the review.

may, at any time, review any national operations plan that is implemented under subsection (1)(a)(x); and

may, after consulting the NAIT organisation, amend the plan if the Minister considers an amendment necessary or desirable in the light of the purpose of this Act.

have regard to the Government’s priorities and expectations notified under section 9B; and

have regard to any policies that the Minister issues under section 12; and

comply with any standards that the Minister issues under section 12.

prepare a written report accounting for how any money appropriated by the Crown has been spent in the financial year; and

provide the report to the Minister as soon as practicable after the end of the financial year.

prepare a written report on how the NAIT organisation is addressing the Government’s priorities and expectations relating to the organisation’s performance of its functions and duties under this Act; and

provide the report to the Minister at the end of the financial year and at any other time at the request of the Minister.

may, by notice in writing and on any terms and conditions that the board or governing body of the NAIT organisation considers appropriate, delegate—

remains responsible for the performance of any delegated function or duty and the exercise of any delegated power.

the chief executive of the NAIT organisation:

an employee or office holder of the NAIT organisation:

any other person approved by the Minister.

the policy or standard needs to be issued, amended, or revoked urgently; or

the amendment to the policy or standard is minor and will not adversely affect the substantial interests of any person.

in the Gazette; and

anywhere else that the Minister considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the Ministry.

give a general indication of the nature of the policy; and

specify where a copy of the policy may be obtained.

that the Minister reasonably requires; and

that is—

any identification device that forms part of any NAIT identification system:

the operation of any NAIT identification system, including (but not limited to) any flock, mob, or herd identification system:

the manufacture, supply, and importation of any animal identification device that forms part of any NAIT identification system:

the registration of animal attributes, including (but not limited to) genetic information.

have regard to—

consult those persons that the NAIT organisation reasonably considers to be representative of the interests of persons or classes of persons likely to be substantially affected by the NAIT animal identification standard; and

be satisfied that the standard, in the context of the NAIT scheme, is efficient, effective, and appropriate.

the NAIT animal identification standard needs to be issued, amended, or revoked urgently; or

an amendment to the NAIT animal identification standard is minor and will not adversely affect the substantial interests of any person.

an identification system of its own design that complies with the standards that the NAIT organisation has issued for a NAIT identification system:

any other identification system—

be made in writing to the NAIT organisation; and

be in the prescribed form; and

be accompanied by the prescribed fee (if any).

determine the application; and

inform the applicant of the determination in writing.

an identification device that forms part of an identification system does not cause confusion with an identification device that forms part of a system specified in subsection (1)(a); and

the identification system is capable of providing the information required by the NAIT information system, including (but not limited to) its form, content, and quality.

in the Gazette; and

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.

suspend or revoke the approval of any NAIT identification system if the applicant fails to meet any conditions that the applicant must meet before the identification system may commence:

suspend or revoke the approval of any NAIT identification system if—

give written notice of the proposal to suspend or revoke the approval to the person who operates the NAIT identification system; and

provide the person who operates the NAIT identification system with an opportunity to make written submission on the proposal.

in the Gazette; and

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.

at any time, review any NAIT identification system; and

on the basis of the review,—

give written notice of the proposal to amend, revoke, or impose any conditions to the person (other than the NAIT organisation) who operates the identification system; and

provide the person (other than the NAIT organisation) who operates the identification system with an opportunity to make a written submission on the proposal.

carrying out animal registration obligations of the PICA; and

providing animal movement declarations; and

providing information to the NAIT organisation; and

providing notification when NAIT animals die, are lost, or are exported live; and

registering a person as a PICA or a PICA delegate.

consult those persons that the NAIT organisation reasonably considers to be representative of the interests of persons or classes of persons likely to be substantially affected by the accreditation standard; and

be satisfied that the accreditation standard, in the context of the NAIT scheme, is efficient, effective, and appropriate.

the accreditation standard needs to be issued, amended, or revoked urgently; or

an amendment to the accreditation standard is minor and will not adversely affect the substantial interests of any person.

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:

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.

be made in writing to the NAIT organisation; and

be in the prescribed form; and

be accompanied by the fee required by regulations (if any).

determine the application; and

inform the applicant of the determination in writing.

impose any conditions that the entity must meet before operating or while operating as—

restrict the accreditation to a specified period.

must, having regard to the following factors, be satisfied that the entity is able to perform the required functions:

must be satisfied that the entity or person has signed a data-sharing agreement with the NAIT organisation that provides for data management, protection of personal privacy, and data security.

provide any information to the NAIT organisation that the NAIT organisation requests under section 23; and

comply with any direction that the NAIT organisation gives under section 23.

NAIT animals sent to the location operated by the entity:

NAIT animals sent from the location operated by the entity.

the accreditation standards for an entity that is an individual and the accreditation standards for an entity that is an organisation may differ:

the conditions, restrictions, or other requirements for an accredited entity that is an individual and the conditions, restrictions, or other requirements for an accredited entity that is an organisation may differ.

suspend or revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or the entity (as the case may be) fails to meet any conditions that the information provider or entity must meet before operating as an information provider or an accredited entity dealing with NAIT animals:

suspend or revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or entity (as the case may be) fails to comply with an applicable standard:

revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or entity (as the case may be) informs the NAIT organisation in writing that the information provider or entity no longer wishes to operate as an information provider or an accredited entity dealing with NAIT animals.

may be indefinite or for a specified period:

may, where an information provider or entity dealing with NAIT animals operates at more than 1 location, be restricted to a particular location or locations:

may impose conditions that must be met before the suspension may be lifted.

give written notice of the proposal to suspend or revoke the accreditation to the information provider or entity; and

provide the information provider or entity with an opportunity to make a written submission on the proposal.

all information providers; and

all accredited entities dealing with NAIT animals.

must be accessible to the public, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation; and

must, in relation to each information provider and each accredited entity dealing with NAIT animals (as the case may be), specify—

may audit each year the following information:

may audit each year any other matters concerning the information gathered or handled by an information provider or an accredited entity dealing with NAIT animals.

the information that—

the form in which the information must be provided; and

the date by which the information must be provided.

in accordance with the Minister’s specifications (if any); and

at no cost to the Crown.

register as a PICA with the NAIT organisation; and

register with the NAIT organisation, as a NAIT location, any location where NAIT animals are to be kept or held; and

identify a NAIT animal with a NAIT device and register the animal with the NAIT organisation; and

declare the movement of NAIT animals from 1 NAIT location or other location to another; and

declare the death, loss, or intended export of NAIT animals; and

provide correct and up-to-date information to the NAIT organisation as required by or under this Act.

to the extent that they are applicable in particular circumstances; and

unless a matter qualifies for an exemption under regulations made for that purpose under this Act.

as far as they are applicable in particular circumstances, to every PICA, including—

subject to any exemption provided for in regulations made under this Act.

a PICA delegate to act on behalf of the PICA in respect of any matter delegated by the PICA:

an information provider to carry out functions and duties on behalf of the PICA under section 18.

to enable the NAIT organisation, a NAIT officer, or a NAIT authorised person to exercise their powers and carry out their functions and duties:

to assist other persons with duties under this Act to carry out their duties:

to facilitate the purposes of the Animal Products Act 1999, Animal Welfare Act 1999, Biosecurity Act 1993, Commodity Levies Act 1990, Primary Products Marketing Act 1953, and any other enactment relating to animals or animal health:

to respond to the following human health issues:

to provide data supporting productivity, market assurance, and trading requirements:

to respond to natural disasters or requests from emergency services when rapid access to data on animals and people is needed to manage risks to the lives and welfare of animals and people:

to provide statistical data for policy development and related advice about the industries to which this Act applies:

to enable the NAIT organisation to publish general agricultural statistics under section 49:

to provide data to enable a potential purchaser of a NAIT animal to trace the location history of the animal over its life:

to respond, or assist others with duties to respond, to inquiries about theft of NAIT animals, wandering NAIT animals, or NAIT animals found dead in public places.

holding the data in the NAIT information system—

the NAIT information system is the most efficient, effective, and appropriate place to hold the data; and

the person who made the request has agreed to meet the full costs of holding the data in the NAIT information system.

the period for which the NAIT information system is to hold the data; and

the persons who may have access to the data in addition to or instead of the person who made the agreement; and

how the person who made the agreement, and the persons who may have access to the data in addition to or instead of the person who made the agreement, are to have access to the data; and

the arrangements for the person who made the agreement to pay the full costs of holding the data.

the biosecurity database; and

any database established by the Crown for the purposes of the Animal Products Act 1999.

the NAIT organisation, NAIT officers, and NAIT authorised persons have access to the data when they need it to exercise their powers and carry out their functions and duties:

the persons described in section 41(4)(c) have access by the means provided for in the agreement:

a person authorised under section 48A has access to core data for a purpose specified in section 40:

other persons must apply for access under section 43.

the applicant’s personal information:

information that—

a New Zealand citizen:

a permanent resident of New Zealand:

a body corporate that is incorporated in New Zealand:

a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand:

a department or other Crown agency:

a public sector organisation.

a New Zealand citizen:

a permanent resident of New Zealand:

a body corporate that is incorporated in New Zealand:

a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

the applicant has express consent from the person to whose personal information the applicant seeks access to the applicant having access; or

access to the data is reasonably necessary to achieve a purpose in section 40(b) or (c).

a New Zealand citizen:

a permanent resident of New Zealand:

a body corporate that is incorporated in New Zealand:

a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

a New Zealand citizen:

a permanent resident of New Zealand:

a body corporate that is incorporated in New Zealand:

a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand:

a department or other Crown agency:

a public sector organisation.

the information provider is currently accredited under section 20; and

the information provider has been authorised by the relevant PICA or PICAs to act as their agent for the purposes of this Act; and

the linking and access do not compromise the operation of the NAIT information system.

the entity is currently accredited under section 20; and

the linking and access do not compromise the operation of the NAIT information system.

the industry body has express consent from the persons to whose personal information the body will have access to the body having access; and

the linking and access do not compromise the operation of the NAIT information system.

the applicant’s personal information; or

information about an animal for which the applicant is the PICA.

restrict the use to which the data may be put:

prohibit further disclosure of the data:

protect an individual’s privacy:

protect the commercial sensitivity of the data.

decisions or determinations by the administrator; or

determinations by the panel.

indicating the information and the manner of conveyance; and

signed by the administrator or a person acting under a delegation from the administrator.

NAIT officers; and

NAIT authorised persons.

an inspector appointed under section 103 of the Biosecurity Act 1993:

an animal product officer appointed under section 78 of the Animal Products Act 1999.

his or her warrant of authorisation; and

evidence of his or her identity.

ascertain whether persons participating in the NAIT scheme are complying with the obligations placed on those persons by or under this Act; and

undertake the enforcement of this Act.

have and may exercise powers conferred by or under this Act as necessary to perform the functions of a NAIT officer or a NAIT authorised person, as the case may be; and

may be authorised to exercise all the powers and perform all the functions of their office under this Act or only those powers and functions specified in the warrant of authorisation.

the administration of the NAIT scheme; and

compliance with, and enforcement of, obligations under this Act.

the Director-General:

an employee or agent of the Ministry:

a NAIT officer:

a NAIT authorised person:

an employee or agent of the NAIT organisation:

any other person exercising powers or carrying out duties or functions under this Act.

under this Act; or

in the exercise or intended exercise of the person’s powers or the carrying out or intended carrying out of the person’s duties or functions under this Act, done—

received from 1 of those persons; or

collected or held by 1 of those persons, whether accessed directly or indirectly or lawfully or unlawfully.

in the first full financial year after the commencement date of this section, for the next period of 3 financial years:

in the final financial year of each subsequent set of 3 financial years, for the next period of 3 financial years.

they will arise in the forthcoming period; and

they are the expected direct and indirect costs of administering this Act; and

they are not recoverable under another provision of this Act; and

they will not be appropriated by Parliament for the purpose.

a shortfall in cost recovery in a period may be recovered in the subsequent period; and

an over-recovery of costs in a period may be counted towards the recovery of costs in a subsequent period.

actual costs in the period are likely to vary significantly from the estimate of costs under subsection (3) on which the regulations were based; and

the persons likely to be substantially affected by the amendment, or their representatives, have been consulted.

the addition to or removal from Schedule 1 of a species or sub-group of species requires a reallocation of costs among NAIT participants; and

the persons likely to be substantially affected by the amendment, or their representatives, have been consulted.

equity, in that funding for a service should generally be sourced from the users or beneficiaries of the service at a level commensurate with their use of or benefit from it and with the risks associated with the activities they carry out, but without strict apportionment according to use or benefit having to be observed:

efficiency, in that the allocation of costs should generally aim at the provision of maximum services at minimum cost:

justifiability, in that costs should generally be recovered to meet only the actual and reasonable costs of the provision of services:

transparency, in that—

ease of administration, in that the costs of collection should generally be kept as low as possible:

flexibility, in that the method of recovering costs should generally be able to—

fees or charges of fixed amounts:

fees or charges based on a scale:

fees or charges determined on a time-unit basis:

fees or charges calculated using a formula, which may or may not specify values attributed to components of the formula:

fees or charges calculated using a method of calculation other than a formula:

fees or charges determined by calculations involving an averaging of costs:

fees or charges consisting of the actual and reasonable costs of providing a service:

fees or charges based on estimated costs and paid before the provision of the service, followed by reconciliation and an appropriate further payment or refund after the provision of the service:

refundable or non-refundable deposits paid before the provision of the service:

fees or charges that differ depending on whether or not a special or an urgent service is provided:

fees or charges that include more than 1 level of fee or charge for the same service provided in different ways, or provided in or for different places:

fees or charges that differ for otherwise similar services provided in different ways:

fees or charges that differ depending on the amount of service required or the components of the service required for the particular person or class of persons:

fees or charges imposed on all users of services, classes of users of services, all beneficiaries of services, or classes of beneficiaries of services:

levies.

subsections (2) to (4) were not complied with before the Minister recommended the making of the regulations; or

the consultation carried out was about a specific amount of a fee, charge, or levy that is not the amount set in the regulations.

fees or charges of a kind or kinds described in section 59(1)(a) to (n):

a method for calculating a fee payable under section 20(3):

the persons liable for the payment of the fees or charges:

the persons, if any, exempt from paying the fees or charges.

specify that the levy is payable to—

specify how the levy is to be spent by the NAIT organisation:

specify the maximum levy rate or rates:

specify that the NAIT organisation sets the actual levy rate or rates:

specify that the NAIT organisation must consult with those affected by the payment or collection of the levy before setting the actual levy rate or rates:

specify the persons or classes of persons responsible for paying the levy:

specify the persons or classes of persons, if any, exempt from paying the levy:

specify, if the levy is to be paid at different rates, the places, services, species, sub-group of species, or other things to which the different rates apply:

specify how the levy rate or rates are calculated:

specify how the levy rate or rates and variations of the rate or rates are to be notified:

specify when and how the levy is to be paid:

specify the persons responsible for collecting the levy:

state whether or not the persons collecting the levy are entitled to recover the cost of collection and, if the persons are entitled to do so, specify the maximum rate of collection costs:

for the purpose of ascertaining whether or not the regulations are being complied with,—

provide for the establishment of a dispute resolution process for disputes relating to levies, including—

the returns to be made to the NAIT organisation or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:

the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy:

a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner provided in the regulations:

a requirement for the funds from which the collectors of levy payments are to make payments to the NAIT organisation to be held on trust in a separate account.

are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

a statement of the money paid to the organisation as levy in the year:

a statement of the assets the organisation has at the end of the year as a result of money paid as levy in the year:

a statement of the organisation’s receipt and expenditure of money paid as levy in the year:

all other statements necessary to show fully—

a copy of the statements as soon as practicable after they have been prepared; and

the findings of the audit as soon as practicable after the audit is completed.

make an Order in Council bringing Schedule 1 into force for both species in it; or

make a separate Order in Council for each species in Schedule 1 bringing the schedule into force for the particular species.

adding a species or sub-group of species of animal; or

removing a species or sub-group of species of animal.

for the NAIT organisation, current NAIT participants, the industry concerned, and persons affected by the addition or removal,—

at least 28 days before making the recommendation, publish a notice in the Gazette containing information about the proposal and the reasons for it; and

ensure that a copy of the proposal is available for any person to read before the regulations are made.

subsection (5); or

subsection (6).

be satisfied that the addition was proposed by an industry group that has a business case, and the mandate of its members, for the addition, regardless of whether or not the addition is necessary for a purpose specified in section 3; and

have regard to—

be satisfied that the addition is necessary for 1 or more of the purposes specified in section 3; and

have regard to—

have regard to—

be satisfied that—

have regard to—

be satisfied that—

the following consultation requirements must be complied with:

the reasons for an exemption proposed to be provided under subsection (3)(g) must be identified and prepared for inclusion in the regulations’ explanatory note.

prescribing standards for the purposes of the definition of NAIT device in section 4:

prescribing the radius of the circle for the purposes of the definition of NAIT location in section 5:

prescribing information and requirements for the purposes of section 27:

prescribing devices for the purposes of section 30(1):

prescribing requirements for the purposes of section 33(c):

prescribing requirements for the purposes of section 35(2):

providing exemptions for the purposes of section 37:

prescribing the particulars that must be provided in an application or other document under this Act:

prescribing information that must be provided with an application or other document under this Act:

prescribing the form and manner in which an application or other document must be submitted under this Act:

prescribing forms:

providing for—

prescribing offences for breaching or not complying with regulations made under this Act and the penalties for the offences, up to a maximum of $1,000:

prescribing the offences against or under this Act that are infringement offences:

prescribing the form of an infringement notice for an infringement offence:

prescribing any additional particulars required in an infringement notice for an infringement offence:

prescribing an infringement fee no greater than $1,000 payable for each infringement offence:

providing for matters that are contemplated by this Act or necessary to give it full effect or necessary for its administration.

frameworks, codes of practice, standards, requirements, or recommended practices of international or national organisations:

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

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:

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:

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:

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:

a register established by or under this Act.

the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and

is not drafted by the PCO (see section 67 of the Legislation Act 2019).

the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and

are not secondary legislation.

revoke any specific instruments that have been made (a revoked instrument); and

make an instrument under any of the specific empowering provisions (the new instrument) that—

the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and

any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.

the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and

any requirements of the relevant specific empowering provisions must be satisfied in making those parts.