This Bill makes technical amendments to the National Animal Identification and Tracing Act 2012 (the NAIT Act) to align its provisions with existing policy and legislative intent. The Bill does not represent new policy.

The amendments clarify certain existing obligations, search and inspection powers, and offence provisions, and are important for the investigation and management of non-compliance with the NAIT Act. The amendments are necessary to support the Mycoplasma bovis response and eradication programme.

The NAIT Act provides the legislative framework for the NAIT scheme, which links people, property, and livestock in New Zealand. The NAIT scheme is pivotal to animal and disease tracing. It allows timely responses to biosecurity incursions or natural disasters, and is also important for food safety and quality assurance programmes.

Specifically, the Bill—

removes the requirement for a search warrant under the NAIT Act to be in a particular form; and
aligns the powers under the NAIT Act for warrantless inspections and searches with those in the Search and Surveillance Act 2012; and
clarifies 2 inconsistent provisions in the NAIT Act to make clear that all animal movements from one location to another location must be declared to NAIT, whether or not that other place is a registered NAIT location, and ensures that the existing corresponding offence provision clearly covers the failure to declare movements of animals to another location even where it is not a registered NAIT location.

Departmental disclosure statement

The Ministry for Primary Industries is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2018&no=85

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill will come into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the National Animal Identification and Tracing Act 2012 (the principal Act).

Part 1Amendments to principal Act

Clause 4 amends section 4, which relates to interpretation, by replacing the definition of animal movement and inserting a definition of other location.

Clause 5 amends section 24, which sets out the key obligations of persons in day-to-day charge of NAIT animals, by expanding the requirement in section 24(2)(d) to declare the movement of NAIT animals so that the requirement applies to animal movements between NAIT locations as well as between other locations where NAIT animals are kept or held.

Clause 6 amends section 30, which relates to the obligation to identify and register NAIT animals, by applying requirements for NAIT animals to be fitted with the prescribed NAIT device to animal movements from other locations, as well as from NAIT locations.

Clause 7 amends section 31, which relates to the obligation to declare the movement of NAIT animals between NAIT locations, by broadening it to include movements between other locations.

Clause 8 amends Schedule 2, which relates to compliance and enforcement. The amendments replace the definition of search power so that it includes warrantless entry and inspection powers conferred by or under the principal Act. The need for a prescribed form for a search warrant is removed, and amendments to clause 82 of Schedule 2 align the offence provision in that clause with the amendments made by clause 7 to section 31.

Part 2Amendments to regulations

Amendments to National Animal Identification and Tracing (Infringement Offences) Regulations 2012

Clause 9 amends Schedule 1 of the National Animal Identification and Tracing (Infringement Offences) Regulations 2012 to align with the amendment to the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012, reflecting the expansion of the requirements relating to animal movements between locations other than NAIT locations.

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

Clause 10 amends regulation 5(5B) of the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 because of the expanded requirements, effected by the Bill, in cases where NAIT animals are moved between locations other than NAIT locations.

Hon Damien O’Connor

National Animal Identification and Tracing Amendment Bill

Government Bill

85—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the National Animal Identification and Tracing Amendment Act 2018.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the National Animal Identification and Tracing Act 2012 (the principal Act).

Part 1 Amendments to principal Act

4 Section 4 amended (Interpretation)

(1)

In section 4, replace the definition of animal movement with:

animal movement means the movement of 1 or more NAIT animals between 2 locations, either of which is, or both of which are, a NAIT location or other location

(2)

In section 4, insert in its appropriate alphabetical order:

other location means a place, other than a NAIT location, where 1 or more NAIT animals are kept or held

5 Section 24 amended (Key obligations)

In section 24(2)(d), after “location”, insert “or other location”.

6 Section 30 amended (Obligation to identify and register NAIT animals)

In section 30(2), after “location”, insert “or other location”.

7 Section 31 amended (Obligation to declare movement of NAIT animals)

Replace section 31(1) with:

(1)

Every PICA must declare every animal movement to the NAIT organisation.

8 Schedule 2 amended

(1)

In Schedule 2, clause 1(1), replace the definition of search power with:

search power, in relation to any provision in this schedule, means—

(a)

every search warrant issued under this Act; and

(b)

every power conferred by or under this Act to enter and inspect (without warrant) any place, vehicle, or other thing

(2)

In Schedule 2, clause 35(1), after “form”, insert “, if any”.

(3)

In Schedule 2, clause 82(2), after “for a NAIT location”, insert “or other location”.

(4)

In Schedule 2, replace clause 82(2)(b) with:

(b)

to comply with section 31 in relation to animal movements:

Part 2 Amendments to regulations

Amendments to National Animal Identification and Tracing (Infringement Offences) Regulations 2012

9 Amendments to National Animal Identification and Tracing (Infringement Offences) Regulations 2012

(1)

This section amends the National Animal Identification and Tracing (Infringement Offences) Regulations 2012.

(2)

In Schedule 1, item relating to clause 82(2)(a) of Schedule 2 of the Act, after “NAIT location”, insert “or other location”.

(3)

In Schedule 1, item relating to clause 82(2)(b) of Schedule 2 of the Act,—

(a)

after “for a NAIT location”, insert “or other location”; and

(b)

replace “a NAIT animal consigned for transport or droving from a NAIT location registered by the PICA” with “animal movements”.

(4)

In Schedule 1, item relating to regulations 5(5B) and 27(1) of the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012, replace “transport or droving between 2 NAIT locations” with “any animal movement”.

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

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

(1)

This section amends the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012.

(2)

In regulation 5(5B), replace “transport or droving between 2 NAIT locations” with “any animal movement”.

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National Animal Identification and Tracing Amendment Bill