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

Version as at 17 December 2022

Coat of Arms of New Zealand

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

(LI 2021/286)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of September 2021

Present:
Her Excellency the Governor-General 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.

These regulations are made under sections 117 and 118 of the Animal Products Act 1999—

(a)

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

(b)

on the recommendation of the Minister for Food Safety made after being satisfied, to the extent appropriate in the circumstances, that the requirements of sections 113 and 115 of that Act have been met.

Regulations

1 Title

These regulations are the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021.

2 Commencement

These regulations come into force on 1 November 2021.

Regulations: confirmed, on 17 December 2022, by section 7(b) of the Secondary Legislation Confirmation Act 2022 (2022 No 82).

3 Principal regulations

These regulations amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015.

4 Schedule amended

(1)

In the Schedule, Part 1, table, item relating to development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring, replace “$4,935,867” with “$4,279,580”.

(2)

In the Schedule, Part 1, table, item relating to development and maintenance of market access standards and programme and export standards, replace “$1,355,100” with “$834,567”.

(3)

In the Schedule, Part 1, table, replace the item relating to approvals with:

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

(4)

In the Schedule, Part 1, table, replace the item relating to maintenance compounds with:

Maintenance compounds
Approval of any maintenance compound that is required under the Act, including under any regulations or notices$135 per approval
plus assessment charge on hourly basis after the first 120 minutes as specified in Part 2		Applicant
Renewal of approval of any maintenance compound that is required under the Act, including under any regulations or notices$67.50 per approval
plus assessment charge on hourly basis after the first 90 minutes as specified in Part 2		Applicant

(5)

In the Schedule, Part 2, replace “beyond the first 15 minutes, the first 30 minutes, the first hour, or the first 3 hours, as the case may be, spent on assessing the matter concerned” with “that is spent on assessing the matter concerned beyond the first period of time specified for that matter in Part 1”.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 November 2021, amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015. The effect of the amendments is to—

  • reduce the amount of 2 variables used to calculate certain levies payable under the Animal Products Act 1999; and

  • increase fixed fees and introduce variable charging for certain applications, notifications, and approvals under the Animal Products Act 1999.

These regulations are a confirmable instrument under section 47B of the Legislation Act 2012. They are revoked at the close of 31 December 2022, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of that Act.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 September 2021.

Notes
1 General

This is a consolidation of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 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

Secondary Legislation Confirmation Act 2022 (2022 No 82): section 7(b)