Animal Welfare (Cost Recovery) Regulations 2015

Version as at 1 July 2022

Coat of Arms of New Zealand

Animal Welfare (Cost Recovery) Regulations 2015

(LI 2015/89)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 11th day of May 2015

Present:
The Right Hon John Key presiding 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 183 of the Animal Welfare Act 1999, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Primary Industries after meeting the requirements of section 182 of that Act.

Regulations

1 Title

These regulations are the Animal Welfare (Cost Recovery) Regulations 2015.

2 Commencement

These regulations come into force on 1 July 2015.

3 Interpretation

In these regulations, unless the context otherwise requires,—

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.

Regulation 3 double time: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Regulation 3 public holiday: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Regulation 3 standard working hours: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Regulation 3 time and a half: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Regulation 3 working hours: revoked, on 1 July 2022, by regulation 4(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

4 Fees and charges

(1)

The fees and charges set out in the Schedule are payable in respect of the matters to which they relate.

(2)

The fees and charges are exclusive of goods and services tax.

5 When fees and charges payable

The fees and charges set out in the Schedule are payable on the making of the relevant application or on performance of the relevant service, as the case may require.

6 Director-General may remit or waive costs

(1)

The Director-General may remit or waive any costs recovered, or to be recovered, under these regulations, in whole or in part, if the Director-General is satisfied—

(a)

that the services performed do not justify the costs payable under these regulations; or

(b)

that special circumstances applicable to a particular case make it reasonable to waive the recovery (in whole or in part) of the costs payable under these regulations.

(2)

In this regulation, costs includes fees and charges.

7 Revocation

Schedule Fees and charges

rr 4, 5

Part 1 Fees and charges

Matter for which fee or charge payableFee or charge*Fee or charge payable by
1Application under section 42 of the Act for an animal welfare export certificate$46.58 per application

Plus assessment charge—

(a)

on hourly basis after the first 15 minutes, as specified in subpart 1 of Part 2, if time worked during standard working hours:

(b)

on hourly or daily basis, as specified in subpart 2 of Part 2, if time worked outside standard working hours

The applicant
2Performance or exercise of a function, duty, or power that is—
(a)

required to be undertaken under the Act, including under any regulations; and

(b)

not prescribed elsewhere in these regulations.

$67.50

Plus assessment charge—

(a)

on hourly basis after the first 30 minutes, as specified in subpart 1 of Part 2, if time worked during standard working hours:

(b)

on hourly or daily basis, as specified in subpart 2 of Part 2, if time worked outside standard working hours

The person whose actions resulted in the function, duty, or power being required to be performed or exercised
*Fee or charge exclusive of any applicable costs payable under Part 3 or 4

Schedule Part 1 item 1: amended, on 1 July 2022, by regulation 5(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Schedule Part 1 item 2: amended, on 1 July 2022, by regulation 5(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Part 2 Assessment charges on hourly or daily basis

Schedule Part 2: replaced, on 1 July 2022, by regulation 5(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Subpart 1—Assessment charges for time worked during standard working hours

Schedule Part 2 subpart 1: inserted, on 1 July 2022, by regulation 5(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Where Part 1 of this schedule specifies an assessment charge on an hourly basis for time worked during standard working hours, that charge is to be determined as follows for each hour (or final part-hour) beyond the first 15 minutes or 30 minutes, as the case may be, spent on assessing the matter concerned:

CategoryFee
(a)for each hour (excluding final part-hour) during standard working hours spent by a person employed by the Ministry under item 1 in Part 1 of this schedule$186.30
(b)for each 15-minute block in final part-hour spent under paragraph (a)$46.58
(c)for each hour (excluding final part-hour) during standard working hours spent by a person (whether or not employed by the Ministry) under item 2 in Part 1 of this schedule$135.00
(d)for each 15-minute block in final part-hour spent under paragraph (c)$33.75

Subpart 2—Assessment charges for time working outside standard working hours

Schedule Part 2 subpart 2: inserted, on 1 July 2022, by regulation 5(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162).

Where Part 1 of this schedule specifies an assessment charge on an hourly or daily basis for time worked outside standard working hours, that charge is to be determined as follows for the time spent on assessing the matter concerned:

CategoryFee
(a)for time spent at time and a half by a person employed by the Ministry under item 1 in Part 1 of this schedule$252.17 per hour or part-hour
(b)for time spent at double time by a person employed by the Ministry under item 1 in Part 1 of this schedule$318.04 per hour or part-hour
(c)for time spent on a public holiday by a person employed by the Ministry under item 1 in Part 1 of this schedule$845.13 per day or part-day, plus $211.28 per hour or part-hour

Part 3 Costs incurred by Ministry

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 made under the Act.

2

The costs in clause 1 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 Act or any regulations made under the Act, a fee of $155 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be performed or exercised.

Part 4 Travel costs

Where travel of a Ministry employee, or a person engaged by the Ministry who is not an employee, is required for any of the matters specified in Parts 1, 2, and 3, an additional amount of $0.67 per kilometre travelled by the employee or person is payable in addition to the relevant fee or charge.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 14 May 2015.

Notes
1 General

This is a consolidation of the Animal Welfare (Cost Recovery) Regulations 2015 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 Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162)