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

Reprint as at 14 December 2019

Coat of Arms of New Zealand

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

(SR 2012/116)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 5th day of June 2012

Present:
Her Excellency the Administrator of the Government in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 69 of the National Animal Identification and Tracing Act 2012, 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 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012.

2 Commencement

These regulations come into force on 1 July 2012.

3 Interpretation

(1)

In these regulations,—

calf means a calf that is less than 30 days old

destination PICA means the PICA at the NAIT location to which NAIT animals are moved

entity PICA means a PICA for an entity dealing with NAIT animals accredited under section 20

event location means a location registered under section 29(3)(b)

event number means the number assigned under regulation 5(7)

game estate has the meaning given to it by section 65B of the Animal Products Act 1999

information includes particulars

location information—

(a)

means the road address of a NAIT location; and

(ab)

includes any Land Information New Zealand parcel information associated with the NAIT location; and

(b)

includes any of the following that apply to the NAIT location:

(i)

FarmsOnLine property identification number:

(ii)

herd identification number that applies in accordance with 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):

(iii)

Livestock Improvement Corporation Limited participant code:

(iv)

CRV Ambreed NZ participant code:

(v)

dairy supply number

NAIT number means the number assigned under regulation 5(6)

point of origin PICA means the PICA at the NAIT location from which NAIT animals are moved

RFID means Radio Frequency Identification Device

safari park has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977

zoo has the same meaning as in the Animal Welfare (Zoos) Code of Welfare 2005.

(2)

In these regulations, the Act means the National Animal Identification and Tracing Act 2012 and section means a section of the Act, except when another Act is expressly mentioned.

Regulation 3(1) location information paragraph (ab): inserted, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

Regulation 3(1) location information paragraph (b)(ii): replaced, on 1 July 2013, by regulation 4 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2013 (SR 2013/204).

4 Radius of circle referred to in section 5(2)(c)

The radius of the circle referred to in section 5(2)(c) is 10 km.

5 Registration under sections 27 and 29

(1)

A PICA or PICA delegate registering under section 27(1) must provide the following information to the NAIT organisation:

(a)

full name; and

(b)

date of birth; and

(c)

physical address; and

(d)

postal address or addresses; and

(e)

email address or addresses, if any; and

(f)

telephone number or numbers, if any.

(2)

An information provider registering a PICA or PICA delegate under section 27(2) must provide the following information to the NAIT organisation about the PICA or PICA delegate:

(a)

full name; and

(b)

date of birth; and

(c)

physical address; and

(d)

postal address or addresses; and

(e)

email address or addresses, if any; and

(f)

telephone number or numbers, if any.

(3)

A PICA registering a NAIT location under section 29(1) must provide the following information to the NAIT organisation in the registration document:

(a)

type of NAIT location; and

(b)

location information.

(4)

Subclause (5) applies to—

(a)

an event organiser registering a NAIT location under section 29(3)(b):

(b)

a transit stop owner registering a NAIT location under section 29(4).

(5)

The person registering must provide the following information to the NAIT organisation in the registration document:

(a)

full name; and

(b)

email address or addresses, if any; and

(c)

telephone number or numbers, if any; and

(d)

type of NAIT location; and

(e)

location information.

(5A)

The organiser of an event (such as an agricultural show or rodeo) involving any NAIT animals who is required to notify the NAIT organisation of the event and register its location (if it is not currently registered) under section 29(3) must, at least 72 hours before the event, notify the NAIT organisation of the date of the event and the address of the location of the event and register the location of the event with the NAIT organisation.

(5B)

The owner of a place where NAIT animals will be temporarily held during any animal movement who is required to register the place (if it is not currently registered) under section 29(4) must, at least 24 hours before temporarily holding animals at the place, register the place as a transit stop NAIT location with the NAIT organisation.

(6)

When the NAIT organisation has received the information it requires under this regulation from a PICA or PICA delegate, it must assign a number to the PICA and provide the number to the PICA.

(7)

When the NAIT organisation has received the information it requires under subclause (5) from an event organiser registering a NAIT location under section 29(3)(b), it must assign a number to the event location and provide the number to the event organiser.

Regulation 5(5A): inserted, on 10 January 2013, by regulation 4 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 5(5B): inserted, on 10 January 2013, by regulation 4 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 5(5B): amended, on 23 August 2018, by section 11(2) of the National Animal Identification and Tracing Amendment Act 2018 (2018 No 26).

6 Absence of device required by section 30(1)(a)

(1)

Subclauses (2) and (3) apply when a destination PICA receives a NAIT animal without a NAIT device fitted.

(2)

The destination PICA must notify the NAIT organisation.

(3)

A destination PICA who is not the PICA for a meat processing facility must choose to—

(a)

comply with section 30(1) himself or herself; or

(b)

arrange with the point of origin PICA to have the animal returned to the point of origin PICA.

(4)

Subclause (5) applies when a live NAIT animal is fitted with a device that cannot be read by an RFID reader.

(5)

The PICA for the animal may—

(a)

seek authorisation from a NAIT officer or NAIT authorised person to remove the device; and

(b)

if authorisation is received, immediately replace the device that cannot be read by an RFID reader with a device that can be read by an RFID reader; and

(c)

register the animal under section 30(1)(b); and

(d)

in the registration document, provide information enabling the linking of the visual information on the device that cannot be read by an RFID reader to the RFID number of the replacement device.

(6)

A PICA may seek authorisation from a NAIT officer or NAIT authorised person to do the following whenever the need arises:

(a)

remove a device that cannot be read by an RFID reader fitted to a live NAIT animal; and

(b)

replace it with a device that can be read by an RFID reader.

7 Registration under section 30(1)(b)

(1)

Subclause (2) sets out the information that a PICA registering a NAIT animal under section 30(1)(b) must provide to the NAIT organisation if the animal is not a transition animal.

(2)

The information is—

(a)

the PICA’s NAIT number; and

(b)

the animal’s type; and

(c)

the Birth ID number or RFID number of the NAIT device fitted to the animal; and

(d)

the animal’s month and year of birth; and

(e)

either,—

(i)

for an animal born in New Zealand, the location at which the animal was born; or

(ii)

for an animal born overseas, the country from which the animal was exported to New Zealand.

(3)

Subclause (4) sets out the information that a PICA registering a NAIT animal under section 30(1)(b) must provide to the NAIT organisation if the animal is a transition animal.

(4)

The information is—

(a)

the PICA’s NAIT number; and

(b)

the animal’s type; and

(c)

the Birth ID number or RFID number of the NAIT device fitted to the animal; and

(d)

the animal’s month and year of birth, if known; and

(e)

either,—

(i)

for an animal born in New Zealand, the location at which the animal was born; or

(ii)

for an animal born overseas, the country from which the animal was exported to New Zealand.

8 Animal movement declaration under section 31

(1)

This regulation sets out the information that a declaration must contain to make it an animal movement declaration under section 4 of the Act.

Point of origin PICA

(2)

The point of origin PICA’s declaration must provide—

(a)

the point of origin PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and

(c)

the Birth ID number or RFID number of the NAIT device for each of the NAIT animals being moved; and

(d)

the start date of the animal movement.

Destination PICA

(3)

If the destination PICA knows that the facts in the point of origin PICA’s declaration are correct, the destination PICA’s declaration must—

(a)

confirm that the facts are correct; and

(b)

provide the end date of the animal movement.

(4)

If the destination PICA does not know that the facts in the point of origin PICA’s declaration are correct, the destination PICA’s declaration must provide—

(a)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and

(b)

the point of origin PICA’s—

(i)

NAIT number, if the point of origin PICA is registered as a PICA; or

(ii)

name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and

(c)

the Birth ID number or RFID number of the NAIT device for each of the NAIT animals moved; and

(d)

the end date of the animal movement.

Calf moved from meat processing facility

(5)

The declaration by the PICA for a meat processing facility that moves a calf from the facility to another NAIT location must provide—

(a)

the PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the calf is being moved, if the destination PICA is not registered as a PICA; and

(c)

the Birth ID number or RFID number of the calf’s NAIT device; and

(d)

the date on which the calf is moved from the facility; and

(e)

either—

(i)

the NAIT number of the PICA at the NAIT location where the calf was born, if the PICA there is registered as a PICA; or

(ii)

the name of the PICA at the NAIT location where the calf was born, and location information, if the PICA there is not registered as a PICA; and

(f)

the date on which the calf was moved from the NAIT location where it was born to the facility; and

(g)

the date on which the calf arrived at the facility from the NAIT location where it was born.

9 Animal exit declaration under section 32

(1)

Subclauses (2) to (4) describe the information that a PICA making an animal exit declaration under section 32(1) must provide.

(2)

If the animal dies by slaughter, the information is—

(a)

the PICA’s NAIT number; and

(b)

the relevant one of the following:

(i)

the animal was slaughtered at a meat processing facility for consumption by humans:

(ii)

the animal was slaughtered at a meat processing facility for consumption other than by humans:

(iii)

the animal was killed as homekill under section 67 or 69 of the Animal Products Act 1999:

(iv)

the animal’s carcass was sent to an animal rendering facility:

(v)

the animal’s carcass was disposed of at the PICA’s NAIT location; and

(c)

the Birth ID number or RFID number of the NAIT device fitted to the animal, unless the device is no longer fitted to the animal when it dies; and

(d)

the date of slaughter.

(3)

If the animal dies other than by slaughter, the information is—

(a)

the PICA’s NAIT number; and

(b)

the relevant one of the following:

(i)

the animal’s carcass was sent to an animal rendering facility:

(ii)

the animal’s carcass was disposed of at the PICA’s NAIT location; and

(c)

the Birth ID number or RFID number of the NAIT device fitted to the animal, unless the device is no longer fitted to the animal when it dies; and

(d)

the date on which the PICA first knows that the animal has died.

(4)

If the animal is lost, the information is—

(a)

the PICA’s NAIT number; and

(b)

the fact that the animal is lost; and

(c)

the Birth ID number or RFID number of the NAIT device fitted to the animal, if known by the PICA; and

(d)

the date on which the PICA first knows that the animal is lost.

Regulation 9(3)(d): replaced, on 10 January 2013, by regulation 5(1) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 9(4)(c): amended, on 10 January 2013, by regulation 5(2) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 9(4)(d): replaced, on 10 January 2013, by regulation 5(3) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

9A Declaration under section 32A of prescribed livestock under PICA’s charge

(1)

A PICA making a declaration under section 32A must provide, in respect of each NAIT location or other location, the following information about prescribed livestock under the PICA’s charge:

(a)

an estimate of the total number of prescribed livestock at the location as at 30 June; and

(b)

a description of each species and subspecies (if applicable) of prescribed livestock at the location; and

(c)

the number of prescribed livestock of each species or subspecies at the location.

(2)

For the purposes of section 32A, prescribed livestock means the following animals:

(a)

alpacas:

(b)

emus:

(c)

goats:

(d)

llamas:

(e)

ostriches:

(f)

pigs:

(g)

sheep.

Regulation 9A: inserted, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

10 Timing and other requirements authorised by section 33

(1)

A person registering under section 27(1) as a PICA or PICA delegate must do so within 48 hours after the end of the day on which the person becomes a PICA or PICA delegate.

(2)

A PICA registering a NAIT animal under section 30(1)(b) must do so before the animal is moved to another NAIT location or, if the animal is not moved to another NAIT location, within 7 days after the end of the day on which a NAIT device is fitted to the animal.

(3)

A PICA making a declaration under section 31(1) must make it within 48 hours after the end of the day—

(a)

on which the movement starts, in the case dealt with in section 31(2)(a):

(b)

on which the movement ends, in the case dealt with in section 31(2)(b).

(4)

A PICA making a declaration under section 32 must make it—

(a)

within 48 hours after the end of the day on which the animal is slaughtered, in the cases dealt with in regulation 9(2):

(b)

within 48 hours after the end of the day on which the PICA first knows that the animal has died, in the cases dealt with in regulation 9(3):

(c)

within 48 hours after the end of the day on which the PICA first knows that the animal is lost, in the cases dealt with in regulation 9(4).

(5)

A PICA who has provided information to the NAIT organisation must comply with section 33(b) by informing the organisation of any change to the information within 30 days after the change occurs.

(6)

A PICA for a NAIT location or other location must take all reasonable steps to ensure that information the PICA provides under section 33(a) to the NAIT organisation electronically or orally by phone is accurate and correct at the time it is provided.

Regulation 10 heading: amended, on 10 January 2013, by regulation 6(1) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 10(4): replaced, on 10 January 2013, by regulation 6(2) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 10(6): inserted, on 10 January 2013, by regulation 6(3) of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 10(6): amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

11 Information required for purposes of section 36(2)(a)

A person who administers an animal identification system approved under section 15(1)(b)(i) must provide the NAIT organisation with information that provides a direct link between the approved identification device fitted to an animal and the animal’s NAIT device.

Exemptions under section 37

Sections 26 and 29 to 32

12 Heifers moved between 1 July and 30 September 2012
[Revoked]

Regulation 12: revoked, on 1 July 2016, by regulation 4 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2016 (LI 2016/98).

Sections 26 and 29 to 31A

Heading: amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

13 Transport operators and drovers

A transport operator or drover is exempt from the obligations in sections 26 and 29 to 31 when involved in an animal movement.

14 Organisers of school pet days

The organiser of a school pet day at which NAIT animals are present is exempt from the obligations in sections 26 and 29 to 31A.

Regulation 14: amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

Sections 30 and 31A

Heading: amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

15 Calves dying at meat processing facilities

The PICA for a calf is exempt from the obligations in sections 30 and 31A if the calf—

(a)

is moved from the NAIT location where it is born to a meat processing facility; and

(b)

stays at the facility until it dies.

Regulation 15: amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

Section 30

16 Transition animals
[Revoked]

Regulation 16: revoked, on 1 July 2016, by regulation 5 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2016 (LI 2016/98).

17 Exemption if unsafe to fit device
NAIT animals to which regulation applies

(1)

This regulation applies to NAIT animals except for fallow deer.

Exemption

(2)

A PICA is exempt from the obligations in sections 30 and 31A if the PICA decides that it is unsafe for the PICA to fit a NAIT device to the animal.

(3)

It is a condition of the exemption that, during the period of the exemption, an owner of the animal pay any levy set under the Act on the owner of a NAIT animal that is not fitted with a NAIT device.

Animal movements to which this regulation applies

(4)

This regulation applies to the movement of the animal to a place that is a meat processing facility, game estate, safari park, or zoo.

Condition on point of origin PICA

(5)

It is a condition of the exemption that, when the animal is to be moved, the point of origin PICA—

(a)

provide the information described in subclause (6) in a form supplied by the NAIT organisation; and

(b)

provide the form to—

(i)

the NAIT organisation; and

(ii)

the destination PICA at the place to which the animal is to be moved; and

(c)

ensure that the completed form is received by the NAIT organisation and the destination PICA before the movement starts; and

(d)

ensure that the animal is visibly identifiable before the movement starts.

(6)

The information is—

(a)

the point of origin PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the start date of the animal movement.

Condition on destination PICA who knows facts correct

(7)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA knows that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

confirm to the NAIT organisation that the facts are correct; and

(b)

provide to the NAIT organisation the end date of the animal movement; and

(c)

do the confirming and providing within 48 hours after the end of the day on which the movement ends.

Condition on destination PICA who does not know facts correct

(8)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA does not know that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

provide the information described in subclause (9); and

(b)

provide it to the NAIT organisation; and

(c)

provide it within 48 hours after the end of the day on which the movement ends.

(9)

The information is—

(a)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and

(b)

the point of origin PICA’s—

(i)

NAIT number, if the point of origin PICA is registered as a PICA; or

(ii)

name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the end date of the animal movement.

Review

(10)

The NAIT organisation must, as soon as practicable after the date that is 5 years after the National Animal Identification and Tracing Amendment Act 2019 comes into force,—

(a)

review the need for this exemption; and

(b)

provide the Minister with a written report of the review and the NAIT organisation’s recommendations.

Regulation 17: replaced, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

17A Exemption if impracticable to fit device
NAIT animals to which regulation applies

(1)

This regulation applies to NAIT animals that are fallow deer.

Exemption

(2)

A PICA is exempt from the obligations in sections 30 and 31A if the PICA decides that it is impracticable for the PICA to fit a NAIT device to the animal.

(3)

It is a condition of the exemption that an owner of the animal pay any levy set under the Act on the owner of a NAIT animal that is not fitted with a NAIT device.

Animal movements to which this regulation applies

(4)

This regulation applies to the movement of the animal to a place that is a meat processing facility, game estate, safari park, or zoo.

Condition on point of origin PICA

(5)

It is a condition of the exemption that, when the animal is to be moved, the point of origin PICA—

(a)

provide the information described in subclause (6) in a form supplied by the NAIT organisation; and

(b)

provide the form to—

(i)

the NAIT organisation; and

(ii)

the destination PICA at the place to which the animal is to be moved; and

(c)

ensure that the completed form is received by the NAIT organisation and the destination PICA before the movement starts; and

(d)

ensure that the animal is visibly identifiable before the movement starts.

(6)

The information is—

(a)

the point of origin PICA’s NAIT number; and

(b)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the start date of the animal movement.

Condition on destination PICA who knows facts correct

(7)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA knows that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

confirm to the NAIT organisation that the facts are correct; and

(b)

provide to the NAIT organisation the end date of the animal movement; and

(c)

do the confirming and providing within 48 hours after the end of the day on which the movement ends.

Condition on destination PICA who does not know facts correct

(8)

It is also a condition of the exemption that, when the animal has been moved and the destination PICA does not know that the facts in the point of origin PICA’s information are correct, the destination PICA—

(a)

provide the information described in subclause (9); and

(b)

provide it to the NAIT organisation; and

(c)

provide it within 48 hours after the end of the day on which the movement ends.

(9)

The information is—

(a)

the destination PICA’s—

(i)

NAIT number, if the destination PICA is registered as a PICA; or

(ii)

name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and

(b)

the point of origin PICA’s—

(i)

NAIT number, if the point of origin PICA is registered as a PICA; or

(ii)

name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and

(c)

the animal’s gender, breed, and approximate age; and

(d)

the end date of the animal movement.

Condition on PICA to specify number of fallow deer at NAIT location

(10)

It is a condition of the exemption that the PICA provide the NAIT organisation at the end of each year with the number of fallow deer that are at the PICA’s NAIT location.

Regulation 17A: inserted, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

18 Game estates, safari parks, or zoos

(1)

If a NAIT animal is born at a game estate, safari park, or zoo, the PICA for the animal is exempt from the obligations in section 30(1) while the animal is at the game estate, safari park, or zoo.

(2)

It is a condition of the exemption that the PICA provide the NAIT organisation at the end of each year in which the exemption applies with a list of the types and numbers of NAIT animals to which the exemption applies that are at the game estate, safari park, or zoo.

(3)

The point of origin PICA for a NAIT animal to which a NAIT device has been fitted and that the PICA intends to move to a game estate, safari park, or zoo is exempt from the obligations in section 30 if authorised by a NAIT officer or NAIT authorised person to remove the device.

(4)

The destination PICA for a NAIT animal to which a NAIT device has been fitted and that arrives at a game estate, safari park, or zoo is exempt from the obligations in section 30(1) if authorised by a NAIT officer or NAIT authorised person to remove the device.

19 New borns not at game estates, safari parks, or zoos

(1)

This regulation applies to a NAIT animal born at a NAIT location or other location that is not a game estate, safari park, or zoo.

(2)

The PICA for the animal is exempt from the obligations in section 30(1)(a) for the period starting with the day of the animal’s birth and ending on the 180th day after it.

Regulation 19(1): amended, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

20 Absence of device

(1)

A destination PICA who chooses to act under regulation 6(3)(a) is exempt from the obligations in section 30(1)(a) for 48 hours after the end of the day on which the animal was received.

(2)

A destination PICA who chooses to act under regulation 6(3)(b) is exempt from the obligations in section 30(2).

Section 31

21 Point of origin PICAs also destination PICAs

(1)

Subclauses (2) and (3) apply to a point of origin PICA moving a NAIT animal from a NAIT location or other location to another NAIT location or other location, if the PICA is the PICA for both locations.

(2)

The PICA is exempt from the obligations in section 31(2) to make the following declarations:

(a)

a declaration as the point of origin PICA moving the animal to the other location; and

(b)

a declaration as the destination PICA receiving the animal at the other location.

(3)

It is a condition of the exemption that the PICA—

(a)

make 1 declaration; and

(b)

provide in it the following information:

(i)

the PICA’s NAIT number at the point of origin location; and

(ii)

the PICA’s NAIT number at the destination location; and

(iii)

the Birth ID number or RFID number of the NAIT device for each of the NAIT animals being moved; and

(iv)

the start date of the animal movement; and

(v)

the end date of the animal movement; and

(c)

provide it to the NAIT organisation within 48 hours after the end of the day on which the animal movement ends.

(4)

Subclauses (5) to (7) apply to a PICA moving a NAIT animal from a NAIT location to an event location and back to the original location, if the PICA is the PICA for the 3 locations.

(5)

The PICA is exempt from the obligations in section 31(2) to make the following declarations:

(a)

a declaration as the point of origin PICA moving the animal to the event location; and

(b)

a declaration as the destination PICA receiving the animal at the event location; and

(c)

a declaration as the point of origin PICA moving the animal back to the original location; and

(d)

a declaration as the destination PICA receiving the animal back at the original location.

(6)

It is a condition of the exemption that the PICA—

(a)

make a declaration as the point of origin PICA moving the animal to the event location; and

(b)

provide in it the following information:

(i)

the PICA’s NAIT number at the point of origin location; and

(ii)

the event number; and

(iii)

the Birth ID number or RFID number of the NAIT device for each of the NAIT animals being moved; and

(iv)

the start date of the animal movement; and

(c)

provide it to the NAIT organisation in the period—

(i)

starting 48 hours before the day on which the animal movement starts; and

(ii)

ending 48 hours after the end of the day on which the animal movement starts.

(7)

It is also a condition of the exemption that the PICA—

(a)

make a declaration as the destination PICA receiving the animal back at the original location; and

(b)

provide in it the following information:

(i)

the event number; and

(ii)

the PICA’s NAIT number back at the original location; and

(iii)

the Birth ID number or RFID number of the NAIT device for each of the NAIT animals being moved; and

(iv)

the end date of the animal movement; and

(c)

provide it to the NAIT organisation within 48 hours after the end of the day on which the animal movement ends.

Regulation 21(1): replaced, on 14 December 2019, by section 27 of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

22 Accredited entities

A point of origin PICA who is not an entity PICA is exempt from the obligations in section 31 when moving a NAIT animal to an entity PICA.

23 Saleyards used as transit stops

(1)

An entity PICA operating at a saleyard is exempt from the obligations in section 31 for a NAIT animal moved to and from the saleyard as a transit stop.

(2)

The PICA for a saleyard is exempt from the obligations in section 31 when the saleyard is used as a transit stop.

24 Chatham Islands

The point of origin PICA and the destination PICA for a NAIT animal moved between 2 NAIT locations on the Chatham Islands are exempt from the obligations in section 31.

Section 32(2)

25 Live exports

(1)

A PICA intending to export a live NAIT animal from New Zealand is exempt from the obligation in section 32(2).

(2)

It is a condition of the exemption that the PICA make a declaration—

(a)

at the port of export from New Zealand; and

(b)

to the NAIT organisation; and

(c)

before the animal leaves New Zealand; and

(d)

containing the following information:

(i)

the PICA’s NAIT number; and

(ii)

the fact that the animal is being exported live; and

(iii)

the Birth ID number or RFID number of the NAIT device fitted to the animal; and

(iv)

the country to which the animal is being exported; and

(v)

the date on which the animal is exported.

Further provisions

Heading: inserted, on 10 January 2013, by regulation 8 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

26 Conditions relating to access to data

(1)

A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5)(a) that restrict the use to which the data may be put.

(2)

A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5)(b) that prohibit further disclosure of the data.

(3)

A person who is granted access to data in the NAIT information system by the administrator or the panel under section 45 or 46 must comply with conditions imposed under section 47(5) other than conditions referred to in paragraphs (a) to (d) of that provision.

Regulation 26: inserted, on 10 January 2013, by regulation 8 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

27 Offences and penalties

(1)

A person or organisation commits an offence if the person or organisation contravenes or fails to comply with any of regulations 5, 6(2) and (3), 7, 8, 9, 10, 11, 17(2A), (4), (6), (7), and (9), 18(2), 21(3), (6), and (7), 25(2), and 26.

(2)

A person or organisation that commits an offence against this regulation is liable on conviction to a fine not exceeding $1,000.

Regulation 27: inserted, on 10 January 2013, by regulation 8 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397).

Regulation 27(1): amended, on 1 July 2016, by regulation 6 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2016 (LI 2016/98).

Regulation 27(1): amended, on 1 July 2015, by regulation 5 of the National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2015 (LI 2015/131).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 7 June 2012.

Reprints notes
1 General

This is a reprint of the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

National Animal Identification and Tracing Amendment Act 2019 (2019 No 74): section 27

National Animal Identification and Tracing Amendment Act 2018 (2018 No 26): section 11

National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2016 (LI 2016/98)

National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2015 (LI 2015/131)

National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2013 (SR 2013/204)

National Animal Identification and Tracing (Obligations and Exemptions) Amendment Regulations 2012 (SR 2012/397)