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,—

Act means the Animal Welfare Act 1999

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

Ministry holiday means a day designated by the Director-General as a Ministry holiday and notified on a publicly accessible internet site maintained by or on behalf of the Ministry

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 or Ministry 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 call-out: revoked, on 1 July 2026, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

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 Ministry holiday: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

Regulation 3 penal time: revoked, on 1 July 2026, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Regulation 3 penal time worked at penal rate 0.5: revoked, on 1 July 2026, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Regulation 3 penal time worked at penal rate 1.0: revoked, on 1 July 2026, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Regulation 3 penal time worked at penal rate 2.0: revoked, on 1 July 2026, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

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 standard working hours paragraph (b): replaced, on 1 July 2024, by regulation 4(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

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.

4A Hourly rate charges

(1)

Charges specified in these regulations as payable at an hourly rate must be calculated by—

(a)

adding together the total number of 15-minute units spent on the matter concerned at the applicable hourly rate; and

(b)

multiplying the total number of units by 25% of the applicable hourly rate.

(2)

If more than 1 hourly rate applies to a period of work,—

(a)

charges must be calculated under subclause (1) in relation to the number of 15-minute units spent at each hourly rate; and

(b)

the charges calculated under paragraph (a) must be added together to provide the total amount that is payable in respect of hourly rate charges for that period of work.

(3)

Subclauses (1) and (2) do not apply to the calculation of a minimum charge.

Example

A veterinarian works for 4 hours between 4.30 pm and 8.30 pm on a Monday (that is not a public holiday or Ministry holiday).

Two 15-minute units are worked at the hourly rate of $216.84. Two units multiplied by 25% of the hourly rate is $108.42.

Fourteen 15-minute units are worked at the hourly rate of $257.77. Fourteen units multiplied by 25% of the hourly rate is $902.195.

The rounded total of the above 2 sums is $1,010.62.

Regulation 4A: replaced, on 1 July 2026, by regulation 5 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

4B Minimum charge

(1)

A minimum charge applies to work done by a veterinarian—

(a)

on a weekday between—

(i)

12 am and 6 am:

(ii)

10 pm and 12 am:

(b)

on a Saturday:

(c)

on a Sunday:

(d)

on a public holiday or Ministry holiday.

(2)

In this regulation,—

(a)

subclauses (3), (4), and (5) apply if a veterinarian works only during the time described in subclause (1); and

(b)

subclauses (4) and (5) also apply if a veterinarian works in a period that is partly within, and partly outside, the time described in subclause (1).

(3)

If a veterinarian has worked in a period in which only 1 hourly rate applies, the minimum charge must be calculated using the following formula:

MC = 3 × a

where—

MC: is the minimum charge
a: is the relevant hourly rate set out in Part 1A of the Schedule.

(4)

If a veterinarian has worked in a period in which 2 hourly rates apply, the minimum charge must be calculated using the following formula, which provides for the proportion of time spent at each hourly rate:

MC = 3 × [(a × b ÷ c) + (d × e ÷ c)]

where—

MC: is the minimum charge
a: is the first relevant hourly rate set out in Part 1A of the Schedule
b: is the number of 15-minute units worked at the first relevant hourly rate
c: is the total number of 15-minute units worked
d: is the second relevant hourly rate set out in Part 1A of the Schedule
e: is the number of 15-minute units worked at the second relevant hourly rate.

(5)

If a veterinarian has worked in a period in which 3 hourly rates apply, the minimum charge must be calculated using the following formula, which provides for the proportion of time spent at each hourly rate:

MC = 3 × [(a × b ÷ c) + (d × e ÷ c) + (f × g ÷ c)]

where—

MC: is the minimum charge
a: is the first relevant hourly rate set out in Part 1A of the Schedule
b: is the number of 15-minute units worked at the first relevant hourly rate
c: is the total number of 15-minute units worked
d: is the second relevant hourly rate set out in Part 1A of the Schedule
e: is the number of 15-minute units worked at the second relevant hourly rate
f: is the third relevant hourly rate set out in Part 1A of the Schedule
g: is the number of 15-minute units worked at the third relevant hourly rate.

Example

A veterinarian works for 2 hours between 11 am and 1 pm on a Saturday. The total number of 15-minute units worked is 8.

The first relevant hourly rate is $257.77 for work done between 11 am and 12 pm. The number of 15-minute units worked at this rate is 4.

The second relevant hourly rate is $298.70 for work done between 12 pm and 1 pm. The number of 15-minute units worked at this rate is 4.

The minimum charge payable is calculated under subclause (4) as set out below:

3 × [(257.77 × 4 ÷ 8) + (298.70 × 4 ÷ 8)]

The resulting minimum charge payable is $834.71.

Regulation 4B: inserted, on 1 July 2026, by regulation 5 of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

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.

5A Missed appointment charges

(1)

A missed appointment charge of $54.21 is payable for failing to make use of a scheduled booking with a veterinarian for a service without contacting the Ministry beforehand to cancel it.

(2)

The charge is payable—

(a)

by the person, specified in the third column of Part 1 of the Schedule, responsible for paying the costs of the service; and

(b)

in addition to any other costs required to be paid under these regulations.

(3)

The charge becomes payable at the time the appointment is missed.

(4)

The charge is exclusive of goods and services tax.

Regulation 5A: inserted, on 1 July 2024, by regulation 6 of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

Regulation 5A(1): amended, on 1 July 2025, by regulation 4 of the Animal Welfare (Cost Recovery) Amendment Regulations 2025 (SL 2025/125).

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

The Animal Welfare Export Certificate Regulations 1999 (SR 1999/393) are revoked.

Schedule Fees and charges

rr 4, 5

Part 1 Fees and charges

Matter for which fee or charge payable		Fee or charge*	Fee or charge payable by
1	Application under section 42 of the Act for an animal welfare export certificate, including any time worked by the veterinarian employed or engaged by the Ministry carrying out specialist functions or activities to support the application	$54.21 per application Plus,— Hourly rate or minimum charge For the services of the veterinarian, charge the greater of— (a) the amount calculated at the hourly rate set out in Part 1A; or (b) the amount that is the minimum charge (if less than 3 hours worked) Additional daily rate if public holiday or Ministry holiday If any time worked by the veterinarian is on a public holiday or Ministry holiday, charge the daily rate set out in Part 1A (in addition to the hourly rate or minimum charge)	The applicant
1A	Veterinarians employed or engaged by the Ministry being on call, outside standard working hours, at the request of an exporter, to perform specialist functions and activities necessary for the export of live animals	$45 per on-call shift for each veterinarian. This is in addition to any charges for the veterinarian under item 1 or 1B	The exporter
1B	Veterinarian undertaking specialist functions and activities necessary for the export of live animals, other than to support an application under section 42 of the Act	Hourly rate or minimum charge Charge the greater of— (a) the amount calculated at the hourly rate set out in Part 1A; or (b) the amount that is the minimum charge (if less than 3 hours worked) Additional daily rate if public holiday or Ministry holiday Plus, if any time worked by the veterinarian is on a public holiday or Ministry holiday, charge the daily rate set out in Part 1A (in addition to the hourly rate or minimum charge)	The exporter
2	Performance 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— (a) charge at an hourly rate after the first 30 minutes, as specified in subpart 1 of Part 2, if time worked during standard working hours: (b) charge at an hourly rate, 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: replaced, on 1 July 2026, by regulation 6(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 1 item 1A: replaced, on 1 July 2026, by regulation 6(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 1 item 1B: replaced, on 1 July 2026, by regulation 6(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 1 item 2: amended, on 1 July 2024, by regulation 7(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

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 1A Hourly and daily charges for veterinarians

Schedule Part 1A: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Subpart 1—Charges for time worked during standard working hours

Schedule Part 1A subpart 1: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

The hourly rate for time worked during standard working hours is $216.84.

Subpart 2—Charges for time worked outside standard working hours

Schedule Part 1A subpart 2: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Weekday (other than public holiday or Ministry holiday)

Heading: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

1

The hourly rate for time worked outside of standard working hours on a weekday (other than a public holiday or Ministry holiday) is—

(a)

$298.70 for between 12 am and 6 am:

(b)

$257.77 for between 6 am and 8 am:

(c)

$257.77 for between 5 pm and 10 pm:

(d)

$298.70 for between 10 pm and 12 am.

Schedule Part 1A clause 1: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Saturday (other than public holiday or Ministry holiday)

Heading: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

2

The hourly rate for time worked on a Saturday (other than a public holiday or Ministry holiday) is—

(a)

$339.63 for between 12 am and 6 am:

(b)

$257.77 for between 6 am and 12 pm:

(c)

$298.70 for between 12 pm and 10 pm:

(d)

$339.63 for between 10 pm and 12 am.

Schedule Part 1A clause 2: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Sunday (other than public holiday or Ministry holiday)

Heading: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

3

The hourly rate for time worked on a Sunday (other than a public holiday or Ministry holiday) is—

(a)

$339.63 for between 12 am and 6 am:

(b)

$298.70 for between 6 am and 10 pm:

(c)

$339.63 for between 10 pm and 12 am.

Schedule Part 1A clause 3: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Public holiday or Ministry holiday

Heading: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

4

The hourly rate for time worked on a public holiday or Ministry holiday is—

(a)

$257.77 for between 12 am and 6 am:

(b)

$216.84 for between 6 am and 10 pm:

(c)

$257.77 for between 10 pm and 12 am.

Schedule Part 1A clause 4: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

5

The daily rate for time worked on a public holiday or Ministry holiday is $654.88.

Schedule Part 1A clause 5: inserted, on 1 July 2026, by regulation 6(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Part 2 Hourly and daily charges

Schedule Part 2: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

Subpart 1—Charges for time worked during standard working hours

Schedule Part 2 subpart 1: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

The hourly rates for time worked during standard working hours are—

Category			Hourly rate
(a)	[Revoked]
(b)	for time worked during standard working hours by a person employed or engaged by the Ministry under item 2 in Part 1 of this schedule		$135.00

Schedule Part 2 subpart 1 item (a): revoked, on 1 July 2026, by regulation 6(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Subpart 2—Charges for time worked outside standard working hours

Schedule Part 2 subpart 2: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

Schedule Part 2 subpart 2 heading: amended, on 1 July 2026, by regulation 6(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

The hourly rates for time worked outside of standard working hours are—

Category		Hourly rate
(a)	for time worked at time and a half by a person employed or engaged by the Ministry under item 2 in Part 1 of this schedule	$222.69
(b)	for time worked at double time by a person employed or engaged by the Ministry under item 2 in Part 1 of this schedule	$263.62
(c)	[Revoked]
(d)	[Revoked]
(e)	[Revoked]

Schedule Part 2 subpart 2: amended, on 1 July 2026, by regulation 6(5)(a) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 2 subpart 2 item (a): amended, on 1 July 2026, by regulation 6(5)(b) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 2 subpart 2 item (a): amended, on 1 July 2025, by regulation 5(3)(a) of the Animal Welfare (Cost Recovery) Amendment Regulations 2025 (SL 2025/125).

Schedule Part 2 subpart 2 item (b): amended, on 1 July 2026, by regulation 6(5)(c) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 2 subpart 2 item (b): amended, on 1 July 2025, by regulation 5(3)(b) of the Animal Welfare (Cost Recovery) Amendment Regulations 2025 (SL 2025/125).

Schedule Part 2 subpart 2 item (c): revoked, on 1 July 2026, by regulation 6(5)(d) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 2 subpart 2 item (d): revoked, on 1 July 2026, by regulation 6(5)(d) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Schedule Part 2 subpart 2 item (e): revoked, on 1 July 2026, by regulation 6(5)(d) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

Subpart 3—Call-out charges

[Revoked]

Schedule Part 2 subpart 3: revoked, on 1 July 2026, by regulation 6(6) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

1

[Revoked]

Schedule Part 2 clause 1: revoked, on 1 July 2026, by regulation 6(6) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

2

[Revoked]

Schedule Part 2 clause 2: revoked, on 1 July 2026, by regulation 6(6) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

3

[Revoked]

Schedule Part 2 clause 3: revoked, on 1 July 2026, by regulation 6(6) of the Animal Welfare (Cost Recovery) Amendment Regulations 2026 (SL 2026/157).

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 at an hourly rate of $155 is payable by the person whose actions result in the function, duty, or power being required to be performed or exercised.

Schedule Part 3 clause 3: amended, on 1 July 2024, by regulation 7(5) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89).

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 2026 (SL 2026/157)

Animal Welfare (Cost Recovery) Amendment Regulations 2025 (SL 2025/125)

Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89)

Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162)

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