Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015

Version as at 28 October 2021

Coat of Arms of New Zealand

Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015

(LI 2015/93)

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 sections 75, 81D, 81E, and 81H of the Agricultural Compounds and Veterinary Medicines Act 1997, 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 Food Safety after—

(i)

being satisfied that the requirements of sections 81 and 81B of that Act have been met; and

(ii)

taking into account the results of consultation in accordance with section 78 of that Act.

Regulations

1 Title

These regulations are the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015.

2 Commencement

These regulations come into force on 1 July 2015.

Regulations: confirmed, on 11 December 2015, by section 7 of the Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119).

3 Interpretation

In these regulations, unless the context otherwise requires, Act means the Agricultural Compounds and Veterinary Medicines Act 1997.

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 2019, by regulation 4 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

4 Fees and charges

(1)

The fees and charges set out in Schedule 1 are payable in respect of the matters to which they relate.

(2)

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

Regulation 4 heading: replaced, on 1 July 2019, by regulation 5(1) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Regulation 4(1): amended, on 1 July 2019, by regulation 5(2) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Regulation 4(2): amended, on 1 July 2019, by regulation 5(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

4A Levies

(1)

A levy is payable in respect of the matters set out in the first column of the table in Schedule 2. The levy is payable by the persons specified in the second column of that table.

(2)

The levy is exclusive of goods and services tax.

(3)

The Director-General may, by notice in the Gazette, set the rate of the levy on the basis of the following formula (subject to subclause (5)):

a ÷ b

where—

a

is an estimate of the costs for the forthcoming financial year, as adjusted, under subclause (4)

b

is an estimate of the total number of trade name products that will be registered in the forthcoming financial year.

(4)

The estimated costs referred to in subclause (3) may be adjusted to take into account—

(a)

any estimated shortfall in recovery, or any estimated over-recovery, of the costs for any of the 4 preceding financial years; and

(b)

any actual shortfall in recovery, or any actual over-recovery, of the costs for any of the 4 preceding financial years so far as the shortfall remains to be recovered, or the over-recovery remains to be allowed for.

(5)

The Director-General must not set the rate of the levy in excess of $590.

(6)

The rate of the levy notified under subclause (3) applies to the forthcoming financial year and all subsequent years until the notice is revoked or replaced.

(7)

In this regulation, costs means the costs of the matters set out in the first column of the table in Schedule 2.

(8)

See Schedule 1AA.

Regulation 4A: inserted, on 1 July 2019, by regulation 6 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

5 When fees, charges, and levies payable

The fees and charges set out in Schedule 1 and the levies notified under regulation 4A(3) are payable—

(a)

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

(b)

in the case of fees payable annually and levies, by 1 October every year.

Regulation 5: amended, on 1 July 2019, by regulation 7 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

6 Director-General may grant exemption, waiver, or refund

(1)

The Director-General may grant an exemption from, or may waive or refund, any fee or charge set out in Schedule 1 or levy notified under regulation 4A(3), in whole or in part, in any particular case or class of case.

(2)

The power conferred by subclause (1) includes power to grant an exemption, waiver, or refund in any of the circumstances described in section 44ZO(1)(a) to (c) of the Act.

(3)

An instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Legislation Act 2019 requirements for secondary legislation made under this regulation
PublicationIt is not required to be publishedLA19 s 73(2)
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 6(1): amended, on 1 July 2019, by regulation 8 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Regulation 6(3): inserted, on 28 October 2021, by regulation 11 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Schedule 1AA Transitional, savings, and related provisions

r 3A

Schedule 1AA: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Part 1 Provision relating to Agricultural Compounds and Veterinary Medicines Amendment Regulations 2019

Schedule 1AA Part 1: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

1 Rate of levy

(1)

Until the rate of the levy referred to in regulation 4A is notified under regulation 4A(3), the rate of the levy—

(a)

is $540; and

(b)

must be treated as being notified under regulation 4A(3).

(2)

The rate of the levy prescribed under subclause (1) applies to the 2019 financial year and all subsequent years until a new rate is notified under regulation 4A(3).

Schedule 1AA clause 1: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Schedule 1 Fees and charges

rr 4–6

Schedule 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Part 1 Fees and charges

Schedule 1 Part 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Matter for which fee or charge payableFee or charge*Fee or charge payable by
1Consideration by an ACVM officer whether to give authority or clearance under section 5 or 6 of the Act, including determining which of the categories in section 6(1) of the Act goods fall under$102.27 per authority or clearance
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The importer
2Application under section 8C of the Act for approval of the importation, manufacture, sale, or use of an agricultural compound without registration$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
3Assessing whether an application to register a trade name product complies with section 10 of the Act$67.50 per application
Plus assessment charge on hourly basis after the first 30 minutes, as specified in Part 2		The applicant
4Responding to inquiries about form and content of applications under section 10 of the Act$135 per inquiry
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The inquirer
5Application under section 9 of the Act to register a trade name product or to vary 1 or more conditions on a registered trade name product$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
6Considering waiver of notice under section 15 of the Act$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
7Registering in the register of trade name products, in accordance with section 21(1)(d) of the Act, a trade name product or a variation of 1 or more conditions on a registered trade name product$405 per registration or variationThe applicant
8Inspecting the register of registered trade names in accordance with section 24(5) of the Act$135 per inspection
Plus inspection charge on hourly basis after the first hour, as specified in Part 2		The person inspecting the register
9Application to provisionally register a trade name product of an agricultural compound under section 26 of the Act$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
10Application for approval of an operating plan under section 28 of the Act, or Director-General giving notice of an amendment to, or revocation of, an approval of an operating plan$135 per application or notice
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant or person to whom notice is given
11Monitoring compliance with conditions imposed (whether on the registrant, importer, manufacturer, seller, purchaser, or user) under the Act or regulations made under the Act$135
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The person to whom the conditions apply
12Suspension under section 30A of the Act of the registration of a trade name product registered under section 21 or 27 of the Act$135 per suspension
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The registrant
13Application under section 35C of the Act for the Director-General to issue a certificate of compliance under section 35A of the Act$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
14Recall of an agricultural compound under section 35G of the Act$135 per recall
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The person to whom the recall notice is directed
15Application for recognition under section 44C, 44E, or 44G of the Act$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
16Recognition of a person under section 44F of the Act without an application$135 per recognition
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The person who is recognised
17Application for renewal of recognition under section 44Q of the Act$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
18Application under section 44S of the Act for a new notice of recognition in substitution for an existing notice of recognition$135 per application
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The applicant
19For each year for which an agency or a person is recognised in accordance with section 44T of the Act$135, payable annually
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The recognised agency or recognised person
20Inspection in accordance with section 64 of the Act for the purpose of enforcing provisions of the Act$135 per inspection
Plus assessment charge on hourly basis after the first hour, as specified in Part 2		The person being inspected
21Performance or exercise of a function, duty, or power that is—
(a)

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

(b)

not prescribed elsewhere in these regulations

$67.50 per application
Plus assessment charge on hourly basis after the first 30 minutes, as specified in Part 2		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

Part 2 Assessment and inspection charges on hourly basis

Schedule 1 Part 2: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Where Part 1 specifies an assessment or inspection charge on an hourly basis, that charge is to be determined as follows for each hour (or final part-hour) beyond the first 30 minutes or the first hour, as the case may be, spent on assessing or inspecting the matter concerned:

CategoryFee ($)
(a)for each hour (excluding final part-hour) spent by a person (whether or not employed by the Ministry)135.00
(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 (whether or not employed by the Ministry) under item 1 in Part 1102.27
(d)for each 15-minute block in final part-hour spent under paragraph (c)25.57

Part 3 Costs incurred by Ministry

Schedule 1 Part 3: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

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.

Schedule 1 Part 3 clause 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

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 scanning, email, wifi, photocopying, printing, stationery, telephone, fax, video conferencing, postage, and couriers.

Schedule Part 3 clause 2: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

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 or notices made under the Act, a fee of $135 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.

Schedule Part 3 clause 3: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Part 4 Travel costs

Schedule 1 Part 4: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

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.

Schedule 2 Levies

rr 4–6

Schedule 2: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).

Matters for which levy referred to in regulation 4A payableLevy payable annually by

For—

(a)

the development of standards, conditions, requirements, and guidance that apply in respect of—

(i)

applications for registration of trade name products or specified classes of trade name products; or

(ii)

registered trade name products or specified classes of registered trade name products:

(b)

the administration and operation of the system of registration of trade name products under the Act:

(c)

the provision of advice about trade name products:

(d)

monitoring, reviewing, and auditing activities relating to the importation, manufacture, sale, and use of agricultural compounds

Each—

(a)

registrant in respect of each trade name product held by the registrant:

(b)

person who holds an exemption under section 8C of the Act:

(c)

person who has obtained approval of an operating plan:

(d)

recognised person

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 Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) 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

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 11

Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122)

Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119): section 7