Biosecurity (Animal Identification Systems) Regulations 1999

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Biosecurity (Animal Identification Systems) Regulations 1999

(SR 1999/125)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 24th day of May 1999

Present:
His Excellency The Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to sections 50, 165(c), and 165(x) of the Biosecurity Act 1993, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement

  • (1) These regulations may be cited as the Biosecurity (Animal Identification Systems) Regulations 1999.

    (2) These regulations come into force on 1 July 1999.

2 Interpretation

  • In these regulations, unless the context otherwise requires,—

    cattle means any member of the Bovidae family; and cattle beast has a corresponding meaning

    herd means—

    • (a) a group of cattle, or deer, or cattle and deer, that is managed as 1 unit;

    • (b) a group of cattle, or deer, or cattle and deer, that is kept within the same enclosure or behind the same fence

    identification system means any system approved under section 50(1) of the Biosecurity Act 1993 and notified in the Gazette in accordance with section 50(5) of that Act

    system administrator, for an identification system, means the person specified in the Gazette notice under section 50 as the person administering the system

    TB identification system means the identification system approved by the Director, Preparedness and Partnerships, on 22 June 2012 for the purposes of bovine tuberculosis control, marking the presence or absence in organisms of particular qualities, and meeting the certification requirements of overseas authorities and notified in the Gazette on 28 June 2012 at 2074 (or any other identification system that is approved in its place).

    Regulation 2 Animal Health Board identification system: revoked, on 1 July 2013, by regulation 4(1) of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

    Regulation 2 herd of origin: revoked, on 1 July 2013, by regulation 4(1) of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

    Regulation 2 identification device: revoked, on 1 July 2013, by regulation 4(1) of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

    Regulation 2 supplier: revoked, on 1 July 2013, by regulation 4(1) of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

    Regulation 2 TB identification system: inserted, on 1 July 2013, by regulation 4(2) of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

3 Requirement to use TB identification system for cattle for bovine tuberculosis control

  • Every person who owns or is in charge of a cattle beast aged 181 days or more must use the TB identification system to identify each cattle beast.

    Regulation 3: replaced, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4 Requirement to use TB identification system for deer for bovine tuberculosis control

  • Every person who owns or is in charge of a deer aged 181 days or more must use the TB identification system to identify each deer.

    Regulation 4: replaced, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4A Charge payable on certain identification devices

  • [Revoked]

    Regulation 4A: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4B Waiver of charge

  • [Revoked]

    Regulation 4B: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4C Amount of charge

  • [Revoked]

    Regulation 4C: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4D Variation of amount of charge

  • [Revoked]

    Regulation 4D: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4E Matters in respect of which funds may be spent

  • [Revoked]

    Regulation 4E: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

4F Basis and application of charge

  • [Revoked]

    Regulation 4F: revoked, on 1 July 2013, by regulation 5 of the Biosecurity (Animal Identification Systems) Amendment Regulations 2013 (SR 2013/199).

5 Wild Animal Control Act 1977

  • If the operation of section 9(1) of the Wild Animal Control Act 1977 gives the Crown the ownership of a deer, that ownership does not of itself make the Crown subject to any obligation under these regulations.

6 Suspension of approval of identification system

  • (1) The Director-General may suspend the approval of an identification system—

    • (a) at the request of the system administrator; or

    • (b) if the identification system is not efficiently or effectively achieving any 1 or more of the purposes of section 50(2) of the Biosecurity Act 1993; or

    • (c) if 1 or more parts of the identification system are not being implemented by the system administrator.

    (2) An identification system may be suspended for an indefinite period or for a time fixed by the Director-General.

7 Use of suspended identification system

  • (1) Unless subclause (2) or subclause (3) applies, no person may use an identification system if that system has been suspended in accordance with regulation 6.

    (2) A person who, at any time, owns or is in charge or an animal identified by an identification system at the date of suspension of that system, may continue to use that system for that animal.

    (3) A person who, at any time, owns or is in charge of a herd identified by an identification system at the date of suspension of that system, may use the system to identify any animal born into that herd or moved to that herd.

8 Revocation of approval of identification system

  • The Director-General may revoke the approval of an identification system—

    • (a) at the request of the system administrator; or

    • (b) if the identification system is not efficiently or effectively achieving any 1 or more of the purposes of section 50(2) of the Biosecurity Act 1993; or

    • (c) if 1 or more parts of the identification system are not being implemented by the system administrator; or

    • (d) if an identification system is being used by less than 5% of persons required to use an identification system; or

    • (e) if a significant proportion of users are not complying with the identification system.

9 Procedure for suspension or revocation of identification system

  • (1) Before suspending or revoking an identification system, the Director-General must—

    • (a) give the system administrator—

      • (i) written notice that the Director-General proposes to suspend or revoke the identification system; and

      • (ii) the reasons for the proposed suspension or revocation; and

    • (b) invite the system administrator to make written submissions on the proposal within 20 working days of receipt of the notice.

    (2) The Director-General must consider any submissions received from the system administrator before making a decision under this regulation.

    (3) If a decision to suspend or revoke an identification system is made by a person acting under a delegation from the Director-General, then the system administrator may request the Director-General to reconsider the decision, and the Director-General must do so.

    (4) If an identification system is suspended or revoked in accordance with this regulation, the suspension or revocation must be notified in the Gazette.

    (5) Subclause (1), (2), and (3) do not apply if an identification system is suspended or revoked at the request of the system administrator.

10 Offence

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 27 May 1999.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Biosecurity (Animal Identification Systems) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)