Animal Products (Fees, Charges, and Levies) Regulations 2007

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Version as at 6 October 2022

Animal Products (Fees, Charges, and Levies) Regulations 2007

(SR 2007/130)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 28th day of May 2007

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 166 of the Animal Products Act 1999, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Animal Products (Fees, Charges, and Levies) Regulations 2007.

2 Commencement

These regulations come into force on 1 July 2007.

3 Dairy processing excluded

Nothing in these regulations requires the payment of any fee, charge, or levy by any dairy processor in respect of dairy processing operations or premises.

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Regulation 3A: inserted, on 1 July 2018, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 (LI 2018/92).

4 Fees and charges

(1)

The fees and charges set out in Schedule 1 are payable in respect of the matters specified in that schedule.

(2)

The fees and charges set out in Schedule 1 apply on and after 1 July 2007.

5 Levies

(1)

The levies set out in Schedule 2 are payable in respect of the matters specified in that schedule.

(2)

The annual levies set out in Schedule 2 apply on and after 1 July 2007.

6 When fees, charges, and levies payable

(1)

Subject to subclauses (2) and (3) and regulation 7, the fees, charges, and levies specified in Schedules 1 and 2 are payable—

(a)

on the making of the relevant application or on performance of the relevant service, as the case may require; or

(b)

within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General.

(2)

In the case of the verification charges set out in Part 7 of Schedule 1, those charges are payable monthly in advance on the basis of an estimated charge notified by the Director-General, followed by reconciliation and an appropriate further payment or refund after provision of the actual services.

(3)

The amount of any such estimated charge notified by the Director-General is payable on the later of—

(a)

the tenth day after notification of the estimated amount by the Director-General; and

(b)

either,—

(i)

in the case of export meat processors, the 27th day of the month preceding the month in which the services are to be provided; or

(ii)

in all other cases, the 24th day of the month preceding the month in which the services are to be provided.

7 Alternative payment of annual charge

(1)

Despite anything in these regulations, the Director-General may, at the request of the person concerned, calculate an annual charge based on an estimate of the fees and charges set out in Schedule 1 that would be payable by the person for the year.

(2)

The Director-General must notify the person in writing of the annual charge calculated.

(3)

An annual charge calculated under this regulation—

(a)

is payable in equal monthly instalments by the 27th day of each month of the year to which it relates (or by the 27th day of the month following that in which the Director-General gives the person written notice of the calculation, if later); and

(b)

is to be subject at the end of the year concerned to reconciliation and an appropriate further payment or refund once the level of the actual services provided is known.

8 Exemption for assistance dogs

(1)

No fee, charge, or levy is payable under these regulations in respect of the export of a dog if the dog—

(a)

is an assistance dog under either or both of subclauses (2) and (3); and

(b)

is exported by travelling in the cabin of an aircraft or a vessel with its handler.

(2)

A dog is an assistance dog under this subclause if—

(a)

the dog—

(i)

is a disability assist dog as defined in section 2 of the Dog Control Act 1996; or

(ii)

is certified as having received specialist training by an organisation that is a member of the International Guide Dog Federation or Assistance Dogs International, Inc; and

(b)

the dog has assisted its handler for a continuous period of at least 6 months immediately before its export; and

(c)

a medical practitioner has determined that the dog’s handler has an ongoing dependency on the dog’s assistance.

(3)

A dog is an assistance dog under this subclause if—

(a)

the dog was imported into New Zealand within the 6 months immediately before its export; and

(b)

the import permit required for the dog under the Biosecurity Act 1993 (if any) identified the dog as an assistance dog.

(4)

In this regulation,—

handler, in relation to a dog, means the person whom the dog assists

medical practitioner means a health practitioner, as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003, who—

(a)

is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of that Act as a practitioner of the profession of medicine; and

(b)

holds a current practising certificate.

Regulation 8: replaced, on 1 July 2022, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

9 Director-General may grant exemption or waiver

(1)

The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in these regulations, in whole or in part, in any appropriate case or class of cases.

(2)

The power conferred by subclause (1) includes power to grant an exemption, waiver, or refund in any of the circumstances described in section 112Z(1) of the Animal Products Act 1999.

(3)

An instrument granting an exemption, a waiver, or a refund under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.

Legislation Act 2019 requirements for secondary legislation made under this regulation
Publication	It is not required to be published	LA19 s 73(2)
Presentation	It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019	LA19 s 114, Sch 1 cl 32(1)(a)
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 9(2): inserted, on 1 July 2015, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Regulation 9(3): inserted, on 28 October 2021, by regulation 15 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

10 GST

The fees, charges, and levies in Schedules 1 and 2 are exclusive of goods and services tax, unless the schedules specifically provide otherwise.

Regulation 10: substituted, on 1 October 2011, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2011 (SR 2011/270).

Regulation 10: amended, on 1 July 2015, by regulation 5 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

10A Director-General may require information for purpose of calculating levies

(1)

The Director-General may, in relation to the commodities described in subclause (3), require any person who is required to pay levies prescribed in Schedule 2 to provide the information described in that subclause for the purpose of calculating the amount of levy payable by the person.

(2)

A person required to provide information under this regulation must provide the information to the Director-General by the date specified by the Director-General.

(3)

The information that may be required under this regulation is the information described in the following table:

Commodity		Information that may be required to be provided to Director-General
Fish and bivalve molluscan shellfish		Actual tonnage processed in the previous month or year, in individual commodity categories listed
Lambs, bobby calves, goats, sheep, pigs, cattle, horses, deer, and other animal species		Actual numbers of animals processed in the previous month or year, in individual commodity categories listed
Ostriches, emus, poultry, and other bird species		Actual numbers of birds processed in the previous month or year, in individual commodity categories listed

(4)

If the Director-General requires a person to provide information under this regulation, but the information is not provided or is not provided within the time required, the Director-General may give the person an estimate of the levy payable based on an estimate of the numbers of animals to be slaughtered or tonnes of fish or shellfish to be processed, as the case may be, for the next 1 July to 30 June year.

(5)

If a person provides the information later than the date specified under subclause (2), the Director-General—

(a)

must reconcile the estimated numbers or tonnes with the information provided; and

(b)

must repay any over-recovered levy; and

(c)

may demand payment of any under-recovered levy.

(6)

Subclause (5) applies only if the information is provided not later than 90 days after the date specified under subclause (2).

Regulation 10A: inserted, on 1 July 2015, by regulation 6 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Regulation 10A(3): replaced, on 1 July 2019, by regulation 4 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

11 Revocation

The Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138) are revoked.

Schedule 1AA Transitional, savings, and related provisions

r 3A

Schedule 1AA: inserted, on 1 July 2018, by regulation 5 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 (LI 2018/92).

Part 1 Provision relating to Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018

[Revoked]

Schedule 1AA Part 1 heading: revoked, on the close of 30 June 2020, pursuant to Schedule 1AA clause 1(4).

1 Additional hourly rate for certain circuit charges

[Revoked]

Schedule 1AA clause 1: revoked, on the close of 30 June 2020, by Schedule 1AA clause 1(4).

Schedule 1 Fees and charges

rr 6, 7, 10

Schedule 1: replaced, on 1 July 2015, by regulation 7 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Part 1 Schedule of fees

Schedule 1 Part 1: replaced, on 1 July 2019, by regulation 5(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

Matter for which fee or charge payable under Animal Products Act 1999		Fee or charge*
1	Application under section 20 for registration of new risk management programme fully based on a template	$270 per application plus assessment charge on hourly basis after the first 180 minutes as specified in Part 2
1A	Application under section 20 for registration of new customised risk management programme	$405 per application plus assessment charge on hourly basis after the first 240 minutes as specified in Part 2
2	Application under section 25 for registration of significant amendment to risk management programme fully based on a template	$202.50 per application plus assessment charge on hourly basis after the first 150 minutes as specified in Part 2
2A	Application under section 25 for registration of significant amendment to customised risk management programme	$337.50 per application plus assessment charge on hourly basis after the first 210 minutes as specified in Part 2
3	Notification under section 26 of minor update to risk management programme, for update of any technical content	$135 per notification plus assessment charge on hourly basis after the first 120 minutes as specified in Part 2
3A	Notification under section 26 of minor update to risk management programme, for update of administrative content only	$67.50 per notification plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2
4	Application under section 34 for registration of food control plan as risk management programme	$135 per application plus assessment charge on hourly basis after the first hour as specified in Part 2
5	Application for market access functions	$135 per application
6	Application under section 54 for registration as exporter	$135 per application
7	Application for approval of premises for export of products where required under export requirements	$135 per application
8	Annual exporter registration fee under section 57	$135
9	Application under section 65G for listing as a game estate	$135 per application
10	Annual listing fee under section 65L	$135
11	Application under section 75 for listing as homekill or recreational catch service provider	$135 per application
12	Annual listing fee under section 77	$135
13	Application under section 107 for recognition	$168.75 per application plus assessment charge on hourly basis after the first 135 minutes as specified in Part 2
14	Application under section 112D for renewal of recognition	$67.50 per application plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2
15	Annual recognition fee under section 112F	$135
16	Application under section 112E for substituted notice of recognition	$67.50 per application plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2
17	Issue of official assurance under section 61	$33.75 per official assurance plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
18	Issue of official assurances under section 61 for live animals or germplasm	$46.58 per official assurance plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
19	Reissue of official assurance under section 64(2) if replacement assurance demanded by importing country	$405.00 per official assurance plus assessment charge on hourly basis after the first 3 hours as specified in Part 2
20	Reissue of official assurance under section 64(2) for live animals or germplasm if replacement assurance demanded by importing country	$405.00 per official assurance plus assessment charge on hourly basis after the first 2 hours and 30 minutes as specified in Part 2
21	Issue, on request, of statement of New Zealand standard under section 83	$32 per statement issued
22	Registration of transport operator, vehicle docking facility operator, or wharf operator under a notice issued under section 38(2)(b)	$135 per application
23	Application to list or renew listing of an animal material depot as required under Part 7 of the Animal Products Regulations 2021	$135 per application
24	Application for issue or revocation of relay permit for bivalve molluscan shellfish issued under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006	$135 per application
25	Application for registration as bivalve molluscan shellfish harvest operator under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006	$135 per application
26	Annual bivalve molluscan shellfish harvest operator fee under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006	$135
27	Application to list or renew listing as transport operator, sorting shed operator, or depot operator required by notice made under the Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006	$135 per application
28	Application to register a limited processing vessel under the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001	$135 per application
29	Annual limited processing vessel registering fee under the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001	$135
30	Application for approval of MPI Devices (brands/seals) made under the Animal Products (Export Requirements for Branding, Marking and Security Devices) Notice 2012 or any replacement notice	$135 per application
31	Application for approval as a manufacturer or supplier of official devices under the Animal Products (Export Requirements for Branding, Marking and Security Devices) Notice 2012 or any replacement notice	$135 per application
32	Application to list a hunter as required under Part 6 of the Animal Products Regulations 2021	$135 per application
33	Application to renew listing of a hunter under Part 10 of the Animal Products Regulations 2021	$135 per application
34	Application to list a further petfood processor as required under Part 7 of the Animal Products Regulations 2021	$135 per application
35	Application to renew listing of a further petfood processor under Part 10 of the Animal Products Regulations 2021	$67.50 per application
35A	Application to list an animal product business as required of a chicken producer under clause 19 of Schedule 1 of the Animal Products Regulations 2021	$135 per application
36	Notification of change of a recognised agency on a risk management programme under sections 16(2) and 19(g)	$67.50 per notification
37	Application to list as an approved halal premises under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice	$135 per application
38	Application to list as an approved halal organisation under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice	$135 per application
39	Audit of approved halal organisations under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice	$135
40	Application for approving, renewing, or revoking an issuing officer’s approval under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice	$135 per application
41	Listing of halal assessment and approval personnel and a competent halal slaughter person under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice	$135 per listing
42	Inspection and audit under the Animal Products Act 1999	Assessment charge on hourly basis as specified in Part 2
43	Performance of a function, power, or duty that is— required to be undertaken under the Animal Products Act 1999, including under any regulations or notices; and not prescribed elsewhere in these regulations	$67.50 plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
44	Application for approval of any maintenance compound under Part 13 of the Animal Products Regulations 2021	$135 per approval plus assessment charge on hourly basis after the first 120 minutes as specified in Part 2
45	Application to renew approval of any maintenance compound under Part 13 of the Animal Products Regulations 2021	$67.50 per approval plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2
*Fee or charge exclusive of any applicable costs payable under Parts 3, 4, and 5

Schedule 1 Part 1 item 1: replaced, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 1A: inserted, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 2: replaced, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 2A: inserted, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 3: replaced, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 3A: inserted, on 1 November 2021, by regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 13: replaced, on 1 November 2021, by regulation 4(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 14: replaced, on 1 November 2021, by regulation 4(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 16: replaced, on 1 November 2021, by regulation 4(3) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 1 Part 1 item 22: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 23: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 32: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 33: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 34: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 35: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 35A: inserted, on 6 October 2022, by regulation 20(1) of the Animal Products Amendment Regulations 2022 (SL 2022/252).

Schedule 1 Part 1 item 44: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule 1 Part 1 item 45: replaced, on 1 July 2022, by regulation 265(2) of the Animal Products Regulations 2021 (SL 2021/400).

Part 2 Assessment charges on hourly basis

Schedule 1 Part 2: replaced, on 1 July 2019, by regulation 5(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

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) that is spent on assessing the matter concerned beyond the first period of time specified for that matter in Part 1:

Category		Fee ($)
(a)	For each hour (excluding final part-hour) spent by a person employed by the Ministry (not relating to live animals or germplasm)	135
(b)	For each 15-minute block in final part-hour spent under paragraph (a)	33.75
(c)	For each hour (excluding final part-hour) spent by a person employed by the Ministry (relating to live animals or germplasm)	186.30
(d)	For each 15-minute block in final part-hour spent under paragraph (c)	46.58
(e)	For each hour (excluding final part-hour) spent by a person employed by the Ministry under item 4 in Part 1 of this schedule	135
(f)	For each 15-minute block in final part-hour spent under paragraph (e)	33.75
(g)	For each hour (excluding final part-hour) spent by a person who is not employed by the Ministry	135
(h)	For each 15-minute block in final part-hour spent under paragraph (g)	33.75

Schedule 1 Part 2: amended, on 1 November 2021, by regulation 4(5) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Part 3 Costs incurred by Ministry at request of operator, etc

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 or notices made under the Act.

2

The costs 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 Animal Products Act 1999 or any regulations or notice made under that Act, a fee of $155.00 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be exercised or performed.

Part 4 Travel costs

Where travel of a Ministry officer or employee is required for any of the matters specified in Parts 1, 2, 3, 7, and 8, an additional amount of $0.67 per kilometre travelled by the officer or employee is payable in addition to the relevant fee or charge.

Part 5 Cost of other work-related allowances

Additional amounts are payable in respect of the actual and reasonable cost to the Ministry of work-related allowances paid to Ministry officers and employees where these are fairly attributable to any of the matters specified in Parts 1, 2, 3, 7, and 8.

Without limiting the generality of what constitutes a work-related allowance, these include matters such as meal allowances, clothing and laundry allowances, and field, standby, and isolation allowances.

Part 6 Charges for use of electronic certification system

1

For industry users that access the Ministry’s electronic certification system, charges based on the following formula are payable in respect of each database request and each second of time spent on the server:

(cost per request + cost per second) × appropriate percentage

where—

cost per request is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) of the Animal Products Act 1999 for each database request, having regard to clause 2

cost per second is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) for each second of time on the server, having regard to clause 2

appropriate percentage is,—

(a)

for industry users of a class for which recognised agency use of the electronic certification system is not required, 55%:

(b)

for all other industry users, 100%.

2

In setting any cost per request or cost per second, the aim is for these costs to reflect usage of the electronic certification system for the relevant year or other period, with regular updating if appropriate.

3

This Part applies to all users of the electronic certification system.

Part 7 Ministry verification charges

Preliminary provisions

1

The charges set out in this Part apply where any verification function under the Animal Products Act 1999 is carried out by an officer or employee of the Ministry.

2

The charges set out in this Part are exclusive of goods and services tax, and goods and services tax on these charges will be added to the total invoice.

3

In this Part,—

a 4 × 10 hour day roster means designated hours of work that are identified by the employer as a 4 × 10 hour day roster

after-hours callout charges refer to charges payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside normal agreed hours of work, and are chargeable for those hours in substitution for any establishment or circuit charges

breakfast shift refers to the situation where the verification functions carried out by a verifier in any day are commenced before 6 am

circuit charges refer to charges payable in respect of any place or premises where the verification or advice functions are performed by Ministry staff who are not permanently or semi-permanently based at the place or premises

disestablishment charges means the charges payable in respect of the disestablishment of the position of a veterinary verifier due to the closure of an operator’s premises or the reduction of operations at those premises

double time refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to double time rates

establishment charges refer to charges payable in respect of any place or premises where the verification functions are performed by Ministry verifiers who are permanently or semi-permanently based at the place or premises

non-veterinary verifier means a verifier who is not a veterinarian registered under the Veterinarians Act 2005

penal rate 0.5 means—

(a)

the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Thursday; and

(b)

the rate per hour of the first 3 hours of penal time worked by an employee during the period between—

(i)

midnight at the end of Friday; and

(ii)

midday Saturday; and

(c)

the rate per hour of penal time worked by an employee for the ninth and tenth hours between 6 am and 10 pm when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 1.0 means—

(a)

the rate for every hour of penal time worked by an employee during the period between 2 am and 6 am Monday to Friday other than hours to which penal rate 0.5 applies; and

(b)

the rate for every hour of penal time worked by an employee during the period midnight at the end of Friday to midnight at the end of Sunday other than hours to which penal rate 0.5 applies; and

(c)

the rate for every hour of penal time worked by an employee on a statutory holiday; and

(d)

the rate per hour of penal time worked by an employee for the ninth and tenth hours between 10 pm and 6 am when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 2.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rate 0.5 and 1.0 apply

penal time refers to hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours (other than overtime) worked within a 40-hour week from Monday to Sunday or on a statutory holiday

reserve rate refers to the rate for hours worked by a reserve verifier

reserve verifier means a temporary veterinary verifier or supervising veterinary verifier who undertakes the work of an establishment verifier while that verifier is on annual leave or is otherwise absent on a temporary basis

shift rates refers to the rates applicable to the case where a verifier is entitled, by his or her employment contract, to extra remunerations for working shifts

supervising veterinary verifier means a veterinary verifier who has prime responsibility for the verification functions at a place or premises

time and a half, or 1½ time, refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to time and a half rates

veterinary verifier means a verifier who is a veterinarian registered under the Veterinarians Act 2005.

1	Establishment charge
A	Basic hourly charge on export and game sectors
	For each hour normal time (but not penal time hours or 1½ or double time hours) spent by a verifier in verification functions		$41.04
B	Hourly charges for verifiers
(1)	Veterinary verifier—
	(a)	non-shift rates—
		per hour	$70.30
		per hour at 1½ time	$105.50
		per hour at double time	$140.60
	(b)	shift rates	the relevant rate specified in paragraph (a), plus an additional rate of— (i) $45.00 per shift per verifier for evening shift (ii) $45.00 per shift per verifier for night shift
	(c)	penal rates	the relevant rates specified in paragraphs (a) and (b), plus an additional rate of— (i) $35.20 per hour per verifier for penal time worked at penal rate 0.5 (ii) $70.30 per hour per verifier for penal time worked at penal rate 1.0 (iii) $140.60 per hour per verifier for penal time worked at penal rate 2.0
	(d)	reserve rate	$70.30 per hour for each hour worked by a reserve verifier
(2)	Supervising veterinary verifier—
	(a)	non-shift rates—
		per hour	$75.10
		per hour at 1½ time	$112.60
		per hour at double time	$150.20
	(b)	shift rates	the relevant rate specified in paragraph (a), plus an additional rate of— (i) $45.00 per shift per verifier for evening shift (ii) $45.00 per shift per verifier for night shift
	(c)	penal rates	the relevant rate specified in paragraphs (a) and (b), plus an additional rate of— (i) $37.60 per hour per verifier for penal time worked at penal rate 0.5 (ii) $75.10 per hour per verifier for penal time worked at penal rate 1.0 (iii) $150.20 per hour per verifier for penal time worked at penal rate 2.0
	(d)	reserve rate	$75.10 per hour for each hour worked by a reserve verifier

2	Circuit charge
	Hourly charges for verifiers
	(for all verification activities)
	Verifier—
	(a)	non-penal rates—
		per hour	$230.50
		per hour at 1½ time	$264.00
		per hour at double time	$352.00
	(b)	penal rates	the relevant rate specified in paragraph (a), plus an additional rate of— (i) $88.00 per hour per verifier for penal time worked at penal rate 0.5 (ii) $230.50 per hour per verifier for penal time worked at penal rate 1.0 (iii) $352.00 per hour per verifier for penal time worked at penal rate 2.0
3	After-hours callout charge
A	Minimum charge
	Minimum charge for any individual after-hours callout, however long		charge for 3 hours at the relevant rate under item B (plus flat rate $8.70 breakfast shift charge, if applicable)
B	Hourly charges for verifiers
	(a)	per hour	$75.00 (plus flat rate $8.70 breakfast shift charge, if applicable)
	(b)	per hour at 1½ time	$125.00 (plus flat rate $8.70 breakfast shift charge, if applicable)
	(c)	per hour at double time	$150.00 (plus flat rate $8.70 breakfast shift charge, if applicable)

4	Disestablishment charges
A	Where verifier employed by operator for less than 12 months
	Either— (a) the actual cost of transfer or relocation; or (b) the actual cost of retraining; or (c) the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or (d) the lesser of— (i) the actual cost of redundancy; or (ii) the amount derived by multiplying the total ordinary pay during the period employed by 0.04165— but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.
B	Where verifier employed by operator for 12 months or more
	Either— (a) the actual cost of transfer or relocation; or (b) the actual cost of retraining; or (c) the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or (d) the lesser of— (i) the actual cost of redundancy; or (ii) an amount calculated using the following formula: (a × 0.08) + (a × 0.04)(b − 1) + (a × c × 0.0333) + (da) where— a is the veterinary verifier’s total ordinary pay for the immediately preceding 12 months b is the lesser of 19 or the number of completed years of employment with the operator c is any completed months of employment in respect of an additional period of employment with the operator of less than 12 months d is— 0.10 if the period of employment completed is 1 year or more but not more than 3 years 0.20 if the period of employment completed is more than 3 years but not more than 5 years 0.29165 if the period of employment completed is more than 5 years but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.
5	Charge for establishing verification services premises at any location
	The actual and reasonable costs associated with establishing a full time Verification Services presence at any premises, including, but not limited to,—
	(a) capital items such as computer terminals, monitors, printers, office furniture, storage, telephones, and technical equipment; and (b) expenses such as costs for recruitment, transfer, relocation, induction and training, salaries, new health and safety equipment, new folders, stationary, lockable cupboards, inspection stamps, and reject and hold tags

Schedule 1 Part 7 table item 1B: amended, on 1 July 2022, by regulation 5(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 7 item 2 relating to circuit charge: replaced, on 1 July 2019, by regulation 5(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

Schedule 1 Part 7 table item 2: amended, on 1 July 2022, by regulation 5(2) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Part 8 Unit charges, hourly rates, callout charges, and on-call charges in respect of export of live animals and animal germplasm

Schedule 1 Part 8: replaced, on 1 July 2019, by regulation 5(3) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

Schedule 1 Part 8 heading: amended, on 1 July 2022, by regulation 5(3) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Interpretation

In this Part,—

double time means the rate for time worked at any of the following times on days other than public holidays:

(a)

any time between 10 pm and 8 am on a weekday:

(b)

any time between 12 am and 8 am on a Saturday:

(c)

any time after midday on a Saturday:

(d)

any time on a Sunday

public holiday has the meaning given by section 5(1) of the Holidays Act 2003

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

(a)

a Saturday or a Sunday; or

(b)

a public holiday

time and a half means the rate for time worked between the following times on days other than public holidays:

(a)

5 pm and 10 pm on a weekday:

(b)

8 am and midday on a Saturday.

Unit charges payable for each relevant unit to be exported		Charge ($)
Note: If an animal is a zoo animal and comes within the description of another animal, only the unit charge for the animal as a zoo animal is payable.
Cats and dogs (including semen) (per animal or semen consignment)		114.44
Equine animals (per animal)		41.22
Equine semen (per straw), per vial, or per bag		3.09
Livestock (only bovine, caprine, cervine, ovine, and porcine) (per animal)		10.83, with a maximum charge of $54,150 per consignment
Bovine semen (per straw)		0.08, with a maximum charge of $3,200 per consignment
Caprine and ovine semen (per straw)		7.87, with a maximum charge of $314,800 per consignment
Cervine semen (per straw)		7.90, with a maximum charge of $316,000 per consignment
Embryos and ova (only bovine, caprine, cervine, and ovine) (per embryo or ovum)		22.64, with a maximum charge of $905,600 per consignment
Porcine semen (per straw)		0.17, with a maximum charge of $6,800 per consignment
Day-old chicks and hatching eggs (only poultry and ducklings) (per chick or egg)		0.02, with a maximum charge of $600 per consignment
Bumble bees		0.32
Either per kg of honey bees (including a queen bee if applicable) or per queen bee (including a small number of attendant bees)		0.32
Lamoids (per animal)		257.50
Birds (excluding budgies, lovebirds, cockatiels, finches, and rosellas) (per bird)		17.89, with a maximum charge of $536.70 per consignment
Budgies, lovebirds, cockatiels, finches, and rosellas (per bird)		0.27
Zoo animals (per animal)		572.63
Other animals and animal germplasm not specified (per consignment)		114.44

Hourly rates		Charge ($)
(1) Hourly rate for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) undertaking specialist functions and activities necessary for the export of live animals or germplasm:
	(a) a minimum charge for up to the first 30 minutes	93.15
	(b) for each complete hour after the first half hour	186.30
	(c) for each 15-minute block after the first half hour	46.58
(2) Hourly rate for services undertaken by an employee of the Ministry (or a person engaged by the Ministry who is not an employee), on behalf of an exporter, to negotiate with the importing country alternative measures for meeting access requirements for overseas markets:
	(a) a minimum charge for up to the first 30 minutes	93.15
	(b) for each complete hour after the first half hour	186.30
	(c) for each 15-minute block after the first half hour	46.58
(3) Hourly rate for services undertaken by an employee of the Ministry (or a person engaged by the Ministry who is not an employee), on behalf of an exporter, to negotiate new access requirements for overseas markets (except for exporters of cats and dogs):
	(a) a minimum charge for up to the first 30 minutes	93.15
	(b) for each complete hour after the first half hour	186.30
	(c) for each 15-minute block after the first half hour	46.58

Callout charges		Charge ($)
Callout charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) undertaking, outside of standard working hours and at any place or premises, specialist functions necessary for the export of live animals or germplasm:
(a) rate at time and a half		252.17 per hour or part of an hour
(b) rate at double time		318.04 per hour or part of an hour
(c) rate on a public holiday		845.13 per day or part of a day, plus 211.28 for each hour or part of an hour worked

On-call charges		Charge ($)
On-call charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) who are on call to undertake, outside of standard working hours and at any place or premises, specialist functions and activities necessary for the export of live animals or germplasm		45.00 per on-call shift (in addition to callout charges (if any))

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(4) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(5) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(6) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(7) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(8) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 July 2022, by regulation 5(9) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 1 Part 8: amended, on 1 November 2021, by regulation 4(6) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 2 Levies

rr 5, 6, 10

Schedule 2: replaced, on 1 July 2015, by regulation 7 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94).

Preliminary provisions

1

The levies set out in this schedule are payable by—

(a)

operators of risk management programmes in respect of operations under the programme:

(b)

operators of export approved premises:

(c)

homekill and recreational catch providers (not being dual operator butchers):

(d)

operators of fishing vessels who are operating under—

(i)

a risk management programme and who undertake primary processing of fish and bivalve molluscan shellfish; or

(ii)

the regulated control scheme set out in the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001.

Schedule 2 clause 1(b): amended, on 1 July 2019, by regulation 6(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

1A

However, the levies set out in this schedule are not payable by—

(a)

chicken producers:

(b)

germplasm processors:

(c)

poultry hatcheries that are not chicken producers.

Schedule 2 clause 1A: replaced, on 6 October 2022, by regulation 21(1) of the Animal Products Amendment Regulations 2022 (SL 2022/252).

2

The levies set out in this schedule are payable irrespective of who performs any verification or other function in relation to the processing operations.

3

The levies set out in this schedule are exclusive of goods and services tax, and goods and services tax on those levies will be added to the total invoice.

4

In any case, a minimum levy of $77.50 (excluding goods and services tax) is payable under this schedule.

5

In this schedule,—

chicken producer has the meaning given in regulation 3A of the Animal Products Regulations 2021

dual operator butcher has the meaning given in section 4(1) of the Animal Products Act 1999

homekill has the meaning given in section 4(1) of the Animal Products Act 1999

recreational catch has the meaning given in section 4(1) of the Animal Products Act 1999.

Schedule 2 clause 5: replaced, on 6 October 2022, by regulation 21(2) of the Animal Products Amendment Regulations 2022 (SL 2022/252).

1	Levies per head where animals slaughtered and dressed
	The following levies are payable by the operators (not being homekill or recreational catch service providers) of premises or places where the animals specified are slaughtered and dressed, on the basis of the number of animals slaughtered and dressed:
			Operators that process wholly or partly for export	Operators that process only for consumption within New Zealand
	Lambs, bobby calves		$0.150 per head	$0.027 per head
	Goats		$0.125 per head	$0.027 per head
	Sheep		$0.169 per head	$0.030 per head
	Pigs		$0.311 per head	$0.067 per head
	Cattle		$1.047 per head	$0.188 per head
	Deer and other large species (horses, ostriches, and emus)		$0.872 per head	$0.188 per head
	Poultry		$0.00507 per bird	$0.00507 per bird
	Other species (other than fish)		$0.27 per head	$0.27 per head

2	Annual levies for fish
	The following levies are payable on the basis of greenweight tonnage of fish or bivalve molluscan shellfish processed on the fishing vessel:
	(a)	primary processors of fish other than bivalve molluscan shellfish		$0.22 per tonne of fish—
				(a)	processed on a fishing vessel that are—
					(i)	filleted at sea for consumption in New Zealand; or
					(ii)	otherwise processed at sea for consumption in New Zealand and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or
				(b)	processed by an onshore processor except for fish that are—
					(i)	filleted at sea for consumption in New Zealand; or
					(ii)	otherwise processed at sea for consumption in New Zealand and that are only transported or stored by the onshore processor; or
				$1.55 per tonne of fish—
				(a)	processed on a fishing vessel that are—
					(i)	filleted at sea for export; or
					(ii)	otherwise processed at sea for the purposes of export and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or
				(b)	processed by an onshore processor except for fish that are—
					(i)	filleted at sea for export; or
					(ii)	otherwise processed at sea for the purposes of export and that are only transported or stored by the onshore processor
	(b)	primary processors of bivalve molluscan shellfish		$1.50 per tonne of bivalve molluscan shellfish processed (if an operator processes only for consumption in New Zealand); or
				$2.90 per tonne of bivalve molluscan shellfish processed (if an operator processes wholly or partly for export)
3	Annual levy for coolstores and other storage premises
	Operator of a coolstore or other storage premises, per coolstore or other premises			$207.30 per annum

4	Annual levy for homekill and recreational catch service providers (not being dual operator butchers)
	Homekill and recreational catch service providers (not being dual operator butchers) listed under section 76 of the Animal Products Act 1999, per application for listing or re-listing			$100 per annum

5	Annual levy for primary or secondary animal processing premises or places that do not include animal slaughter (not being homekill or recreational catch service providers)
	(a)	annual levy for bee products	$431.08 per annum*	$2,566.08 per annum†
	(b)	annual levy for egg products	$527.30 per annum for all processors
	(c)	annual levy for animal feed processors	$684.10 per annum*	$769.60 per annum†
	(d)	annual levy for dual operator butchers	$256.50 per annum for all processors
	(e)	annual levy for renderers	$132.80 per annum*	$559.70 per annum†
	(f)	annual levy for hides and skins processors and processors who process animal parts not for human or animal consumption	$136.00 per annum for all processors
	(g)	annual levy for primary or secondary processors processing animal material or animal product not covered under paragraph (a) to (f)	$710.10 per annum*	$784.50 per annum†
	(h)	annual levy for primary or secondary processors processing animal material or animal products covered by 1 or more of paragraphs (c), (e), and (g)	A single levy that is the highest of the applicable levies under the applicable paragraph
*Operators that process only for consumption within New Zealand
†Operators that process wholly or partly for export

Schedule 2 item 1: replaced, on 1 July 2018, by regulation 6(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 (LI 2018/92).

Schedule 2 item 1: amended, on 1 November 2021, by regulation 5(a) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 2 item 1: amended, on 1 November 2021, by regulation 5(b) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285).

Schedule 2 item 2: amended, on 1 July 2022, by regulation 6(1) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 2 item 2: amended, on 1 July 2018, by regulation 6(2)(a) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 (LI 2018/92).

Schedule 2 item 5(a): amended, on 1 July 2022, by regulation 6(2)(a) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 2 item 5(a): amended, on 1 July 2022, by regulation 6(2)(b) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158).

Schedule 2 item 5(f): amended, on 1 July 2019, by regulation 6(3) of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123).

Schedule 2 item 5(h): amended, on 1 July 2016, by regulation 6 of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 31 May 2007.

Notes

1 General

This is a consolidation of the Animal Products (Fees, Charges, and Levies) Regulations 2007 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Animal Products Amendment Regulations 2022 (SL 2022/252): regulations 20(1), 21

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158)

Animal Products Regulations 2021 (SL 2021/400): regulation 265(2)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285)

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 15

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 (LI 2018/92)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 (LI 2015/94)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2011 (SR 2011/270)

Animal Products (Fees, Charges, and Levies) Regulations 2007 (SR 2007/130): Schedule 1AA clause 1(4)

1	Title
2	Commencement
3	Dairy processing excluded
3A	Transitional, savings, and related provisions
4	Fees and charges
5	Levies
6	When fees, charges, and levies payable
7	Alternative payment of annual charge
8	Exemption for assistance dogs
9	Director-General may grant exemption or waiver
10	GST
10A	Director-General may require information for purpose of calculating levies
11	Revocation
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Fees and charges
	Schedule 2 Levies
	Gazette Information
	Notes

List of access keys

Animal Products (Fees, Charges, and Levies) Regulations 2007

Animal Products (Fees, Charges, and Levies) Regulations 2007

Order in Council

Note

Contents

Regulations

1 Title

2 Commencement

3 Dairy processing excluded

3A Transitional, savings, and related provisions

4 Fees and charges

5 Levies

6 When fees, charges, and levies payable

(a)

(b)

(a)

(b)

(i)

(ii)

7 Alternative payment of annual charge

(a)

(b)

8 Exemption for assistance dogs

(a)

(b)

(a)

(i)

(ii)

(b)

(c)

(a)

(b)

(a)

(b)

9 Director-General may grant exemption or waiver

10 GST

10A Director-General may require information for purpose of calculating levies

(a)

(b)

(c)

11 Revocation

Schedule 1AA Transitional, savings, and related provisions

Part 1 Provision relating to Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018

1 Additional hourly rate for certain circuit charges

Schedule 1 Fees and charges

Part 1 Schedule of fees

Part 2 Assessment charges on hourly basis

Part 3 Costs incurred by Ministry at request of operator, etc

1

2

(a)

(b)

3

Part 4 Travel costs

Part 5 Cost of other work-related allowances

Part 6 Charges for use of electronic certification system

1

(a)

(b)

2

3

Part 7 Ministry verification charges

Preliminary provisions

1

2

3

(a)

(b)

(i)

(ii)

(c)

(a)

(b)

(c)

(d)

(i)

(ii)

(i)

(ii)