Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022

2022/158

Coat of Arms of New Zealand

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 23rd day of May 2022

Present:
The Right Hon Jacinda Ardern presiding in Council

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 complying with sections 117(5) and 118(4) of that Act.

Regulations

1 Title

These regulations are the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022.

2 Commencement

These regulations come into force on 1 July 2022.

3 Principal regulations
4 Regulation 8 replaced (Exemptions)

Replace regulation 8 with:

8 Exemption for assistance dogs

(1)

No fee, charge, or levy is payable under these regulations in respect of the export of a dog if the dog—

(a)

is an assistance dog under either or both of subclauses (2) and (3); and

(b)

is exported by travelling in the cabin of an aircraft or a vessel with its handler.

(2)

A dog is an assistance dog under this subclause if—

(a)

the dog—

(i)

is a disability assist dog as defined in section 2 of the Dog Control Act 1996; or

(ii)

is certified as having received specialist training by an organisation that is a member of the International Guide Dog Federation or Assistance Dogs International, Inc; and

(b)

the dog has assisted its handler for a continuous period of at least 6 months immediately before its export; and

(c)

a medical practitioner has determined that the dog’s handler has an ongoing dependency on the dog’s assistance.

(3)

A dog is an assistance dog under this subclause if—

(a)

the dog was imported into New Zealand within the 6 months immediately before its export; and

(b)

the import permit required for the dog under the Biosecurity Act 1993 (if any) identified the dog as an assistance dog.

(4)

In this regulation,—

handler, in relation to a dog, means the person whom the dog assists

medical practitioner means a health practitioner, as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003, who—

(a)

is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of that Act as a practitioner of the profession of medicine; and

(b)

holds a current practising certificate.

5 Schedule 1 amended
Amendments to Part 7 of Schedule 1

(1)

In Schedule 1, Part 7, table, item 1B, replace “$41.00” with “$45.00” in each place.

(2)

In Schedule 1, Part 7, table, item 2, replace “$176.00” with “$230.50” in each place.

Amendments to Part 8 of Schedule 1

(3)

In Schedule 1, Part 8 heading, replace and callout charges with callout charges, and on-call charges.

(4)

In Schedule 1, after the Part 8 heading, insert:

Interpretation

In this Part,—

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.

(5)

In Schedule 1, Part 8, item relating to equine semen, after “per straw”, insert “, per vial, or per bag”.

(6)

In Schedule 1, Part 8, item relating to hourly rates, item (1), after “Ministry”, insert “(or persons engaged by the Ministry who are not employees)”.

(7)

In Schedule 1, Part 8, item relating to hourly rates, items (2) and (3), after “Ministry”, insert “(or a person engaged by the Ministry who is not an employee)”.

(8)

In Schedule 1, Part 8, replace the item relating to callout charges with:

Callout chargesCharge ($)
Callout charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) undertaking, outside of standard working hours and at any place or premises, specialist functions necessary for the export of live animals or germplasm:
(a)

rate at time and a half

252.17 per hour or part of an hour
(b)

rate at double time

318.04 per hour or part of an hour
(c)

rate on a public holiday

845.13 per day or part of a day, plus 211.28 for each hour or part of an hour worked

(9)

In Schedule 1, Part 8, after the item relating to callout charges, insert:

On-call chargesCharge ($)
On-call charges for recognised persons who are employees of the Ministry (or persons engaged by the Ministry who are not employees) who are on call to undertake, outside of standard working hours and at any place or premises, specialist functions and activities necessary for the export of live animals or germplasm45.00 per on-call shift (in addition to callout charges (if any))
6 Schedule 2 amended

(1)

In Schedule 2, table, item 2, replace “$1.12” with “$1.55”.

(2)

In Schedule 2, table, item 5(a),—

(a)

replace “$471.80” with “$431.08”; and

(b)

replace “$1,005.70” with “$2,566.08”.

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 July 2022, amend the Animal Products (Fees, Charges, and Levies) Regulations 2007 (the principal regulations). These regulations amend various fees and levies and make other changes.

The fees and levies in Schedules 1 and 2 of the principal regulations are amended as follows:

  • the shift rate for veterinary verifiers and supervising veterinary verifiers is increased from $41.00 to $45.00 above the usual rate:

  • the circuit charge for verifiers in certain cases is increased from $176.00 to $230.50 per hour:

  • the rate of levy on fish processed for export is increased from $1.12 to $1.55 per tonne of fish:

  • the annual levy on bee products processed for domestic consumption is decreased from $471.80 to $431.08:

  • the annual levy on bee products processed for export is increased from $1,005.70 to $2,566.08.

The other changes to the principal regulations are as follows:

  • regulation 8 is amended to broaden the description of assistance dogs whose export is exempt from any fee, charge, or levy under the principal regulations:

  • Part 8 of Schedule 1 is amended so that—

    • the charge on equine semen that is to be exported applies to each vial or bag, as well as each straw:

    • the charges for recognised persons undertaking specialist functions or activities necessary for the export of live animals or germplasm apply both to recognised persons who are employees of the Ministry for Primary Industries and to recognised persons who are engaged by the Ministry but are not employees:

    • the callout charges for recognised persons undertaking those functions or activities are charged on the basis of when the recognised person works, rather than what is provided for in the recognised person’s employment contract:

    • an on-call charge of $45.00 per on-call shift applies when a recognised person is on call to undertake those functions or activities.

These regulations must be confirmed by an Act before the close of 30 June 2023. If they are not confirmed, they will be revoked on the close of that date. See subpart 3 of Part 5 of the Legislation Act 2019.

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 9 March 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 May 2022.

These regulations are administered by the Ministry for Primary Industries.