Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015

Version as at 1 July 2022

Coat of Arms of New Zealand

Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015

(LI 2015/95)

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 117, 118, 121, and 166 of the Animal Products 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 Food Safety after being satisfied that the requirements of sections 113 and 115 have been met.

Regulations

1 Title

These regulations are the Animal Products (Dairy Industry 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 8(b) of the Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119).

Preliminary provisions

3 Interpretation

In these regulations, unless the context otherwise requires,—

approval costs, for a particular year, means the costs of staff time processing and approving export declarations in that year, and includes overhead costs, as specified by the Director-General by notice under section 167(1)(ma) of the Act

collection agent means—

(a)

a dairy processor whose business includes buying milksolids from a dairy farmer; or

(b)

a person whose business includes buying milksolids from a dairy farmer for supply directly or indirectly to a dairy processor

designated market, export licence, and holder have the same meanings as in section 5(1) of the Dairy Industry Restructuring Act 2001

financial year means the period 1 July to 30 June

large exporter means a registered exporter or other person who exported more than 466,000 kg of dairy products (as based on Customs tariff codes for dairy products) in the previous financial year

large processor means a person with a farm dairy risk management programme who is a collection agent and who collected more than 151,000 kg of milksolids from dairy farmers directly (that is, not through another collection agent) in the previous financial year

milksolids means milk-fat and protein components of raw animal milk

RCS raw milk has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015

registered depot operator has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015

registered farm dairy operator has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015

small exporter means a registered exporter who exported less than or equal to 466,000 kg of dairy products (as based on the Customs tariff codes for dairy products) in the previous financial year

small processor means a person with a farm dairy risk management programme who—

(a)

is not a collection agent; or

(b)

is a collection agent who collected less than, or equal to, 151,000 kg of milksolids directly (that is, not through another collection agent) in the previous financial year

total number of export declarations means total number of export declarations raised in E-cert by all infant formula exporters in a given year, as fixed by the Director-General by notice under section 167(1)(ma) of the Act.

Regulation 3 large exporter: amended, on 1 July 2019, by regulation 4(1) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 3 large processor: amended, on 1 July 2019, by regulation 4(2) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 3 medium processor: revoked, on 1 July 2019, by regulation 4(3) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 3 RCS raw milk: inserted, on 1 July 2016, by regulation 4 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

Regulation 3 registered depot operator: inserted, on 1 July 2016, by regulation 4 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

Regulation 3 registered farm dairy operator: inserted, on 1 July 2016, by regulation 4 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

Regulation 3 small exporter: amended, on 1 July 2019, by regulation 4(4) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 3 small processor paragraph (b): amended, on 1 July 2019, by regulation 4(5) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

4 Application

(1)

The fees, charges, and levies set out in the Schedule apply only in relation to—

(a)

dairy processing operations or premises; and

(b)

the export of dairy material or dairy product.

(2)

These regulations do not apply in respect of matters for which a separate fee, charge, or levy is charged under the Animal Products (Fees, Charges, and Levies) Regulations 2007.

Fees, charges, and levies

5 Fees, charges, and levies

(1)

The fees, charges, and levies set out in the Schedule are payable in respect of the dairy-related matters to which they relate.

(2)

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

Provisions relating to dairy processors

6 Calculation of levy payable by dairy processor

In calculating the amount of levy payable under the Schedule by a dairy processor, the Director-General must consider the total volume of milksolids collected by that processor from farm dairies in the previous financial year.

7 Provisions relating to large processors

(1)

After the end of each financial year, the Director-General may determine—

(a)

each large processor’s milksolids collection for the previous financial year; and

(b)

the total milksolids collected for the previous financial year from large processors.

(2)

The Director-General may then invoice each processor for the levy, indicating the processor’s milksolids collection for the previous financial year and the total milksolids collected from large processors in the previous financial year.

(3)

A large processor is liable to pay the levy for a small processor if the application of the prescribed formula in the Schedule in that processor’s case produces an amount lower than the levy for a small processor.

Regulation 7(3): amended, on 1 July 2022, by regulation 4 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/159).

Regulation 7(3): amended, on 1 July 2019, by regulation 5 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

8 Effect of change in collection volume, entering market, or change of business owner

(1)

This regulation applies if, during a financial year,—

(a)

a small processor’s collection of milksolids makes the processor a large processor; or

(b)

a large processor’s collection of milksolids makes the processor a small processor; or

(c)

a person becomes a dairy processor of dairy material that is not RCS raw milk.

(2)

A processor to whom this regulation applies must pay the levy for a small or large processor, as the case may be, until the Director-General next determines each large processor’s milksolids collection for the previous financial year and the total milksolids collected for the previous financial year from large processors.

(3)

For the purposes of subclause (2),—

(a)

a small processor who becomes a large processor is liable to pay the levy for a small processor:

(b)

a large processor who becomes a small processor is liable to pay the levy for a large processor:

(c)

a person to whom subclause (1)(c) applies is liable to pay the levy for a small processor.

(4)

If the Director-General has some but not full milksolids collection data for the previous financial year, the Director-General may estimate the processor’s full-year milksolids collection by interpolating the processor’s monthly data from the previous financial year and may make any necessary adjustments to other milksolids collection data.

(5)

If the ownership of a large processor changes, the new owner is liable to pay the processor’s levy.

(6)

If a large processor ceases to be a collection agent during any year, the processor is liable to pay the levy for the period in that year up to and including the quarter in which the processor ceases to be a collection agent.

Regulation 8(1): replaced, on 1 July 2019, by regulation 6 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 8(2): replaced, on 1 July 2019, by regulation 6 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 8(3): replaced, on 1 July 2019, by regulation 6 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

9 Director-General may require information for purpose of calculating levies

(1)

For the purposes of determining whether a processor is a large processor and of determining each large processor’s milksolids collection for the previous financial year and the total milksolids collected for the previous financial year from all large processors, the Director-General may require DairyNZ Limited (or its successor) to provide him or her, by the end of August in each year, with—

(a)

data for the volume of milksolids collection of individual businesses for the previous financial year (by month, if available); and

(b)

the identity of the individual businesses.

(2)

A non-cow dairy processor who falls within the definition of a large processor must provide the Director-General with the processor’s annual milksolids collection data for the previous financial year by the end of August in each year.

(3)

The Director-General may require a cow dairy processor who falls within the definition of a large processor to provide him or her with the processor’s milksolids collection data for the previous financial year by a date specified by the Director-General if for any reason DairyNZ Limited (or its successor) could not provide the data.

(4)

DairyNZ Limited (or its successor) and processors must comply with applicable requirements made by the Director-General under subclause (1) or (3).

Regulation 9(1): amended, on 1 July 2019, by regulation 7 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 9(2): amended, on 1 July 2019, by regulation 7 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Regulation 9(3): amended, on 1 July 2019, by regulation 7 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

10 Share of levy for new farm dairy risk management programme registration

(1)

On the registration of a new farm dairy risk management programme (RMP), the farm dairy RMP holder is liable to pay a proportionate share of the annual levy that includes payment for the quarter of the financial year in which the registration is approved.

(2)

A person who holds more than 1 farm dairy RMP is liable to pay only 1 levy on registration.

Provision relating to new farm dairy operators

Heading: inserted, on 1 July 2016, by regulation 6 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

10A Share of levy payable by new registered farm dairy operators

If a person becomes a registered farm dairy operator during a financial year, the person is liable to pay a proportionate share of the annual levy for registered farm dairy operators that includes payment for the quarter of the financial year in which the registration is approved.

Regulation 10A: inserted, on 1 July 2016, by regulation 6 of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

Provisions relating to dairy exporters

11 Calculation of levy payable by dairy exporters

In calculating the amount of levy payable under the Schedule by a dairy exporter, the Director-General must consider the total dairy mass exported by that exporter in the previous financial year based on the data provided by the New Zealand Customs Service.

12 Provisions relating to large exporters

(1)

After the end of each financial year, the Director-General may determine—

(a)

each large exporter’s export mass of dairy products for the previous financial year; and

(b)

the total dairy export mass for all large exporters for the previous financial year.

(2)

The Director-General may then invoice each exporter for the levy, indicating the exporter’s export mass for the previous financial year and the total export mass for large exporters in the previous financial year.

(3)

A large exporter is liable to pay the levy for a small exporter if the application of the prescribed formula in the Schedule in that exporter’s case produces an amount lower than the levy for a small exporter.

13 Effect of change in dairy mass exported, entering market, or change of business owner

(1)

This regulation applies if, during a financial year,—

(a)

a small exporter’s export mass of dairy products makes the exporter a large exporter; or

(b)

a large exporter’s export mass of dairy products makes the exporter a small exporter; or

(c)

an exporter enters the market.

(2)

An exporter to whom this regulation applies must pay the levy for a small or large exporter, as the case may be, until the Director-General next determines each large exporter’s export mass of dairy products for the previous financial year and the total dairy export mass from large exporters for the previous financial year.

(3)

For the purposes of subclause (2),—

(a)

a small exporter who becomes a large exporter is liable to pay the levy for a small exporter:

(b)

a large exporter who becomes a small exporter is liable to pay the levy for a large exporter:

(c)

a new exporter is liable to pay the levy for a small exporter.

(4)

If the Director-General has some but not full export mass of dairy products data for the previous financial year, the Director-General may estimate the exporter’s full-year export mass of dairy products data by interpolating the exporter’s monthly data from the previous financial year.

(5)

If the ownership of a large exporter changes, the new owner is liable to pay the exporter’s levy.

(6)

If a large exporter ceases to be an exporter during any year, the exporter is liable to pay the levy for the period in that year up to and including the quarter in which the exporter ceases to be an exporter.

14 Levy payable by new entrants

(1)

If a person becomes a registered exporter during a financial year, the exporter is liable to pay a proportionate share of the annual levy that includes payment for the quarter of the financial year in which the registration is approved.

(2)

A person who holds more than 1 exporter registration is liable only to pay 1 levy on registration.

Miscellaneous provisions

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

(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 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 112Z(1) of the Act.

(3)

An instrument granting an exemption, waiver, or 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
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 15(3): inserted, on 28 October 2021, by regulation 13 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

16 Collection agents to keep levies in separate trust account

A collection agent must keep levies collected under these regulations in a trust account separate from money charged by the agent to processing businesses for the price of raw milk.

17 Revocation

The Animal Products (Dairy Industry Fees and Charges) Regulations 2007 (SR 2007/131) are revoked.

Schedule Dairy industry fees, charges, and levies

rr 4, 5, 6

Part 1 Fixed fees, charges, and levies

Schedule Part 1: replaced, on 1 July 2019, by regulation 8(1) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Service areaFee, charge, or levy*When fee, charge, or levy payable and by whom
Standards setting, compliance, and monitoring
Development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring

L = [(TCMPI Annual × MS last) ÷ MStotal last]

where—

L

is the levy payable by the processor

TCMPI Annual

is $4,279,580, being the Ministry’s total cost payable by large processors

MS last

is the processor’s milksolids collection for the previous year

MStotal last

is the total milksolids collected for the previous year from all large processors.

In the items above, year means a 1 July to 30 June year.

Payable by large processors in equal instalments on 30 September, 31 December, 31 March, and 30 June each year
$400Payable by small processors on 30 September each year
Development and maintenance of New Zealand standards relating to RCS raw milk, and performance monitoring and dairy residue monitoring in relation to RCS raw milk$581.25Payable by registered farm dairy operators on 30 September each year
Development and maintenance of market access standards and programme and export standards

L = [(ETCMPI Annual × EM last) ÷ EMTotal last]

where—

L

is the levy payable by the exporter

ETCMPI Annual

is $834,567, being the Ministry’s total cost payable by large exporters

EM last

is the exporter’s dairy export mass for the previous year

EMTotal last

is the total dairy export mass for all large exporters for the previous year.

In the items above, year means a 1 July to 30 June year.

Payable by large exporters in equal instalments on 30 September, 31 December, 31 March, and 30 June each year, who export dairy products that fall within any of the following Customs tariff codes:

(a)

all codes under 04.01 milk and cream, not concentrated nor containing added sugar or other sweetening matter:

(b)

all codes under 04.02 milk and cream, concentrated or containing added sugar or other sweetening matter:

(c)

all codes under 04.03 buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts, or cocoa:

(d)

all codes under 04.04 whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included:

(e)

all codes under 04.05 butter and other fats and oils derived from milk; dairy spreads:

(f)

all codes under 04.06 cheese and curd:

(g)

35.01 casein, caseinates, and other casein derivatives; casein glues:

(h)

3502.20.00 00C: milk albumin, including concentrates of two or more whey proteins:

(i)

21.05 ice cream and other edible ice, whether or not containing cocoa:

(j)

1901.10.09 00C and 1901.90.09 28B: these codes cover infant formula, follow on formula and supplementary food for young children and adult nutritional powders:

(k)

1702.11.00 00F: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter:

(l)

1702.19.00 00B: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter and Other:

(m)

2106.10.09 00J: protein concentrates and textured protein substances – Other (non-vegetable protein).

$200Payable by small exporters on 30 September each year
Approvals
Application for, assessment of, and approval or renewal of registration of person as a registered farm dairy operator or registered depot operator under the regulated control scheme imposed by the Raw Milk for Sale to Consumers Regulations 2015$135 per applicationApplicant
Application for, evaluation of, and 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		Applicant
Application for, evaluation of, and 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		Applicant
Application 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		Applicant
Application 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		Applicant
Application for, evaluation of, and approval of new quota compliance 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		Applicant
Application for, evaluation of, and approval of new customised quota compliance programme$405 per application
plus assessment charge on hourly basis after the first 240 minutes as specified in Part 2		Applicant
Application for approval of amendment to quota compliance 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		Applicant
Application for approval of amendment to customised quota compliance programme$337.50 per application
plus assessment charge on hourly basis after the first 210 minutes as specified in Part 2		Applicant
Approval of code of practice as valid and appropriate for the purpose of section 12(3A) of the Act $135 per approvalApplicant
Application for, evaluation of, and recognition of agency or person as recognised agency or recognised person under Part 8 of the Act$168.75 per application
plus assessment charge on hourly basis after the first 135 minutes as specified in Part 2		Applicant
Application for renewal of recognition of agency or person as recognised agency or recognised person under Part 8 of the Act$67.50 per application
plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2		Applicant
Notification under section 26 of the Act for 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		Applicant
Notification under section 26 of the Act 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		Applicant
Compliance and monitoring
Verification inspection and audits$135
plus assessment charge on hourly basis after the first hour as specified in Part 2		Payable by occupier of the premises subject to verification inspection and audits
Application for product disposition$202.50 per application
plus assessment charge on hourly basis after the first 120 minutes as specified in Part 2		Applicant
Official assurances
Issue of official assurance under section 61 of the Act$33.75 per application
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2		Applicant
Reissue of official assurance under section 64(2) of the Act if replacement assurance demanded by importing country$405 per replacement certificate
plus assessment charge on hourly basis after the first 3 hours as specified in Part 2		Applicant
Exporter registration
Application for registration or renewal of registration$135 per applicationApplicant
Performance of functions, powers, or duties not elsewhere provided for

Performance or exercise of a function, power, or duty that—

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

  • is not prescribed elsewhere in these regulations

$67.50
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2		The person whose actions resulted in the function, power, or duty being required to be performed or exercised
Maintenance compounds
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		Applicant
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		Applicant
Infant formula
Issue of exporter declaration for infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016))$33.75 per declaration
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2		Payable by the exporter within 1 month of issue of the invoice
Stand-alone animal product storage premises

Development and maintenance of standards that apply to premises that—

  • store animal products; and

  • are covered by a risk management plan that does not include processing or manufacturing activities

$207.30 per premisesPayable by the operator of the premises on 30 September each year
*Fee, charge, or levy exclusive of any applicable costs payable under Parts 3 and 4

Schedule Part 1: amended, on 1 July 2022, by regulation 5(1) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/159).

Schedule Part 1: amended, on 1 July 2022, by regulation 266(2) of the Animal Products Regulations 2021 (SL 2021/400).

Schedule Part 1: amended, on 1 November 2021, by regulation 4(1) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

Schedule Part 1: amended, on 1 November 2021, by regulation 4(2) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

Schedule Part 1: amended, on 1 November 2021, by regulation 4(3) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

Schedule Part 1: amended, on 1 November 2021, by regulation 4(4) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

Part 2 Assessment charges on hourly basis

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:

CategoryFee ($)
(a)For each hour (excluding final part-hour) spent by an officer or employee of the Ministry, or a person engaged by the Ministry who is not an officer or employee135.00
(b)For each 15-minute block in final part-hour spent under paragraph (a)33.75

Schedule Part 2: amended, on 1 November 2021, by regulation 4(5) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

Schedule Part 2 item (a): amended, on 1 July 2019, by regulation 8(2)(a) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Schedule Part 2 item (b): amended, on 1 July 2019, by regulation 8(2)(b) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

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 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 or notice 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 exercised or performed.

Part 4 Travel costs

Where travel of an officer or employee of the Ministry is required for any of the matters specified in this schedule, 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 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 specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act for each database request, having regard to clause 2

cost per second is the amount specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act 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 those 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 6 Fee for services of certification and reconciliation

1 Quarterly fee payable by holder of export licence

(1)

A fee is payable for services of certification and reconciliation provided by the Ministry in relation to the regulated control scheme described in regulation 3 of the Animal Products (Regulated Control Scheme—Dairy Export Quota Products) Regulations 2008 (the services).

(2)

The holder of an export licence on 1 July, 1 October, 1 January, or 1 April must pay the fee on that date (the payment date).

(3)

The fee is calculated as follows:

fee = [(amount to recover for year ÷ 4) × (holder’s allocated quantity ÷ total allocated quantity)]

where—

amount to recover for year is the amount, as specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act, that needs to be recovered to fund the services in relation to all holders of export licences for the financial year in which the payment date falls

holder’s allocated quantity is the total quantity (in tonnes) of all products in all designated markets for which the holder holds an export licence on the payment date

total allocated quantity is the total quantity (in tonnes) of all products in all designated markets for which all holders hold export licences on the payment date.

Part 7 Ministry verification charges

Preliminary provisions

1

The charges set out in this Part apply where any verification function under the Act 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,—

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 refers to charges that are payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside of 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 refers 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 refers 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 from 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 and 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 from 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 between midnight at the end of Friday and 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 and Friday

penal rate 2.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rates 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 remuneration 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.

1Establishment charge
ABasic hourly charge on export and game sectors

For each hour of normal time (but not penal time hours or 1½ or double time hours) spent by a verifier in verification functions

$44.90
BHourly 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)

$41.00 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)

$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 verifer

2Circuit 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

3After-hours callout charge
AMinimum 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 of $8.70 breakfast shift charge, if applicable)

BHourly charges for verifiers
(a)per hour

$75.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

(b)per hour at 1½ time

$125.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

(c)per hour at double time

$150.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

4Disestablishment 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.

5Charge 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, phones, and technical equipment; and

(b)

expenses such as costs for recruitment, transfer, relocation, induction and training, salaries, new health and safety equipment, new folders, stationery, lockable cupboards, inspection stamps, and reject and hold tags

 

Schedule Part 7 table item 1B: amended, on 1 July 2022, by regulation 5(2) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/159).

Schedule Part 7 table item 2: replaced, on 1 July 2019, by regulation 8(3) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Schedule Part 7 table item 2: amended, on 1 July 2022, by regulation 5(3) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/159).

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 Products (Dairy Industry 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

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/159)

Animal Products Regulations 2021 (2021/400): regulation 266

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286)

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 13

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124)

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100)

Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119): section 8(b)