Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009

Version as at 18 December 2009

Coat of Arms of New Zealand

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009

(SR 2009/167)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 15th day of June 2009

Present:
The Hon John Key presiding 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 New Zealand Food Safety Authority.

Pursuant to section 166 of the Animal Products Act 1999, Her Excellency the Administrator of the Government, 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) Amendment Regulations 2009.

2 Commencement

These regulations come into force on 1 July 2009.

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009: confirmed, on 18 December 2009, by section 7 of the Subordinate Legislation (Confirmation and Validation) Act 2009 (2009 No 67).

3 Principal regulations amended

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

4 Schedule 1 amended

(1)

Part 1 of Schedule 1 is amended by adding the items set out in Schedule 1 of these regulations.

(2)

Part 7 of Schedule 1 is amended by omitting the items relating to establishment charge and circuit charge and substituting the items set out in Schedule 2 of these regulations.

5 Schedule 2 amended

(1)

The item relating to lambs, bobby calves, goats in clause 1 of note 3 of Schedule 2 is amended by omitting “$0.09” and substituting “$0.10”.

(2)

The item relating to sheep in clause 1 of note 3 of Schedule 2 is amended by omitting “$0.08” and substituting “$0.11”.

(3)

The item relating to cattle, horses in clause 1 of note 3 of Schedule 2 is amended by omitting “$0.69” and substituting “$0.76”.

Schedule 1 New items added to Part 1 of Schedule 1 of principal regulations

r 4(1)

Matter in respect of which fee is payable under Animal Products Act 1999Fee*
30

Application to be certified as either a certified supplier (wild animals) or a certified game estate supplier under Animal Products (Specifications for Products Intended for Human Consumption) Notice 2004

$137.25 per application plus assessment charge on hourly basis specified in Part 2

31

Application for listing as further (pet food) processor under Animal Products (Specifications for Products Intended for Animal Consumption) Notice 2006

$137.25 per application plus assessment charge on hourly basis specified in Part 2

Schedule 2 New charges relating to establishment charge and circuit charge substituted in Part 7 of Schedule 1 of principal regulations

r 4(2)

1Establishment charge
ABasic hourly charge on export and game sectors

For each hour normal time (but not penal time hours or 11/2 or double time hours) spent by a verifier in verification functions

$38.04
BHourly charges for verifiers
(1)Veterinary verifier—
(a)non-shift rates—
per hour$68.12
per hour at 11/2 time$82.61
per hour at double time$110.15
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$30.00 per shift per verifier for evening shift

(ii)

$41.00 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)

$27.54 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$55.07 per hour per verifier for penal time worked at penal rate 1.0

(d)reserve rate

$55.07 per hour for each hour worked by a reserve verifier

(2)Supervising veterinary verifier—
(a)non-shift rates—
per hour$72.50
per hour at 11/2 time$89.18
per hour at double time$118.91
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$30.00 per shift per verifier for evening shift

(ii)

$41.00 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)

$29.73 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$59.46 per hour per verifier for penal time worked at penal rate 1.0

(d)reserve rate

$59.46 per hour for each hour worked by a reserve verifer

2Circuit charge
ABasic hourly charge on primary processors who slaughter or dress animals other than fish

Charge for each hour spent by a verifier in verification function for animals other than fish

$20.97 per hour
BBasic hourly charge on secondary processors (other than processors of fish and operators of coolstores or other storage premises)

Charge for each hour spent by a verifier in verification function

$20.97 per hour
CAnnual charge for coolstores or other storage premises, and for processors of fish

(to be pro-rated on a monthly basis where verification contract for less than a full year)

(a)

coolstores or other storage premises, per coolstore or other premises

$1,100.00 per annum
(b)

primary processing (including on a fishing vessel) of fish other than bivalve molluscan shellfish

$549.00 per annum
(c)

primary processing of bivalve molluscan shellfish

$1,547.00
DMonthly charge for fishing vessels

Charge per vessel (in addition to any relevant charge under item C)

$20.35
EHourly charges for verifiers

(for all verification activities)

(1)Non-veterinary verifier—
(a)non-penal rates—
per hour (excluding seafood and coolstore premises)$93.04
per hour for seafood and coolstores premises$93.04
per hour at 11/2 time$128.85
per hour at double time$171.80
(b)penal rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$57.00 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$85.90 per hour per verifier for penal time worked at penal rate 1.0

(2)Veterinary verifier—
(a)non-penal rates—
per hour (excluding seafood and coolstore premises)$93.04
per hour for seafood and coolstores premises$93.04
per hour at 11/2 time$128.85
per hour at double time$171.80
(b)penal rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$57.00 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$85.90 per hour per verifier for penal time worked at penal rate 1.0

Rebecca Kitteridge,
Clerk of the Executive Council.

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

Date of notification in Gazette: 18 June 2009.

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

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

  • 5

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

Notes
1 General

This is a reprint of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009. The reprint incorporates all the amendments to the regulations as at 18 December 2009, 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)

Subordinate Legislation (Confirmation and Validation) Act 2009 (2009 No 67): section 7