The purpose of this Act is to establish an animal identification and tracing system that—

• (a) provides for the rapid and accurate tracing of individual or groups of NAIT animals from birth to death or live export; and

• (b) provides information on the current location and movement history of individual, or groups of, NAIT animals; and

• (c) improves biosecurity management; and

• (d) manages risks to human health arising from residues in food, food-borne diseases, and diseases that are transmissible between animals and humans; and

• (e) supports improved animal productivity, market assurances, and trading requirements.

In this Act, unless the context otherwise requires,—

(1) A NAIT location is a place—

• (a) where 1 or more NAIT animals are kept or held; and

• (b) that has been registered with the NAIT organisation; and

• (c) that has been issued with a location identifier by the NAIT organisation; and.

• (d) that may comprise—

  • (i) a single rating unit; or

  • (ii) 2 or more contiguous rating units registered by a single PICA; or

  • (iii) 2 or more non-contiguous rating units that are registered by a single PICA, provided the rating units are within or straddle the circumference of a circle with a radius prescribed in regulations made under this Act.

(2) A NAIT location may comprise—

• (a) a single rating unit; or

• (b) 2 or more contiguous rating units; or

• (c) 2 or more non-contiguous rating units, as long as each rating unit is within, or straddles, the circumference of a circle with a radius prescribed in regulations made under this Act; or

• (d) a combination of contiguous and non-contiguous rating units each of which—

  • (i) is within the circle; or

  • (ii) straddles the circumference of the circle; or

  • (iii) is part of a group of contiguous rating units at least 1 of which is either within the circle or straddles the circumference of the circle.

This Act binds the Crown.

(1) NAIT Limited must perform the functions and duties, and exercise the powers, of the NAIT organisation specified in this Act or regulations made under this Act for the period—

• (a) beginning with the commencement of this section; and

• (b) ending on the date specified with the designation of an entity as the NAIT organisation under section 8.

(2) However, the Minister may, by notice in the Gazette, appoint another entity to replace NAIT Limited if—

• (a) NAIT Limited ceases to exist or becomes bankrupt or insolvent; or

• (b) the Minister believes, on reasonable grounds, that—

  • (i) NAIT Limited has failed, or is unable, to perform the functions and duties of the NAIT organisation; or

  • (ii) the continued involvement of NAIT Limited poses a significant risk to—

    • (A) the integrity and effective operation of the NAIT scheme; or

    • (B) New Zealand's trading reputation or economic interests.

(3) Before replacing NAIT Limited under subsection (2)(b), the Minister must consult with the persons (or representatives of those persons) that appear to the Minister likely to be substantially affected by the replacement.

(1) The Minister must, on or before 1 July 2013 and by notice in the Gazette,—

• (a) designate a suitable entity to be the NAIT organisation; and

• (b) specify the date on which the entity must begin to perform the functions and duties, and exercise the powers, of the NAIT organisation, which date must be no later than 1 July 2013.

(2) The Minister must, before making the designation,—

• (a) be satisfied that the entity—

  • (i) is a body corporate; and

  • (ii) has agreed in writing to operate as the NAIT organisation on a not-for-profit basis; and

  • (iii) has the capacity to perform the functions and duties, and exercise the powers, of the NAIT organisation from the date specified in the notice given under subsection (1); and

• (b) must have regard to—

  • (i) whether the members or shareholders of the entity have given approval for the entity to become the NAIT organisation; and

  • (ii) the entity's—

    • (A) familiarity with the New Zealand livestock industry; and

    • (B) demonstrated success in business and service delivery; and

    • (C) existing or planned capacity to perform the functions and duties, and exercise the powers, of the NAIT organisation specified in this Act; and

    • (D) likely cost-efficiency in delivering services; and

    • (E) understanding of biosecurity, food safety, and market assurance objectives; and

    • (F) existing or planned mechanisms for participants in, or other persons with an interest in, the NAIT scheme to provide ongoing input into the organisation's decision making; and

    • (G) experience with databases, identification and tracing systems, and managing regulatory regimes; and

  • (iii) any other matter that the Minister considers relevant.

(3) Despite subsection (1), if the Minister is unable to designate an entity that meets the criteria specified in subsection (2), NAIT Limited must continue to act as the NAIT organisation until such time as the Minister is able to designate an entity that meets the criteria.

(4) To avoid doubt, the Minister may, under subsection (1)(a), designate—

• (a) NAIT Limited as the NAIT organisation; or

• (b) an entity that NAIT Limited (whether or not dissolved)—

  • (i) has established; or

  • (ii) has become part of, whether by—

    • (A) joining an existing entity:

    • (B) establishing an entity with the participation of other persons.

(1) If the Minister has reasonable grounds to believe that the continued involvement of the NAIT organisation poses a significant risk to the integrity and effective operation of the NAIT scheme or to New Zealand's trading reputation or economic interests, the Minister may—

• (a) appoint, for a specified period, 1 or more suitable persons to—

  • (i) perform any or all of the functions or duties of the NAIT organisation under this Act or regulations made under this Act:

  • (ii) exercise any or all of the powers of the NAIT organisation under this Act or regulations made under this Act; or

• (b) revoke the designation of the NAIT organisation and appoint 1 or more suitable persons in place of the NAIT organisation to—

  • (i) perform any or all of the functions or duties of the NAIT organisation under this Act or regulations made under this Act:

  • (ii) exercise any or all of the powers of the NAIT organisation under this Act or regulations made under this Act.

(2) An appointment made under—

• (a) subsection (1)(a) must—

  • (i) be in writing; and

  • (ii) specify—

    • (A) the period of the appointment; and

    • (B) the functions and duties to be performed under this Act or regulations made under this Act; and

    • (C) the powers to be exercised under this Act or regulations made under this Act:

• (b) subsection (1)(b) must be—

  • (i) by notice in the Gazette; and

  • (ii) in accordance with the requirements of section 8(2).

(4) Before making an appointment under subsection (1), the Minister must consult the NAIT organisation and any persons or representatives of persons substantially affected by the proposed appointment.

(1) The NAIT organisation must—

• (a) meet its obligations under this Act and any regulations made under this Act, including (but not limited to)—

  • (i) the delivery of any services required to be provided by the NAIT organisation; and

  • (ii) the collection of any levies required to be paid to the NAIT organisation; and

  • (iii) the employment, or contracting, of the staff or services required to administer the NAIT scheme; and

  • (iv) the provision of the appropriate information, educational material, or training to inform parties of their obligations under the NAIT scheme; and

  • (v) the gathering of information about compliance with the NAIT scheme; and

  • (vi) the undertaking of compliance and enforcement functions; and

  • (vii) the establishment of any policies, standards, and rules necessary for the effective operation of the NAIT scheme; and

  • (viii) the establishment and maintenance of the appropriate financial management systems; and

  • (ix) the establishment and maintenance of the appropriate systems that ensure that persons who are participants in, or have an interest in, the NAIT scheme are able to provide ongoing input into the NAIT organisation's decision-making; and

  • (x) the development and implementation of a national operations plan that—

    • (A) sets strategic and operational goals; and

    • (B) sets objectives and priorities for the NAIT organisation and the NAIT scheme; and

    • (C) identifies the expectations of those persons who have an interest in the NAIT scheme; and

• (b) modify its constitution or rules to—

  • (i) indicate that it is the NAIT organisation designated under this Act; and

  • (ii) indicate that its purpose or object includes meeting its obligations under this Act or any regulations made under this Act on a not-for-profit basis; and

  • (iii) reflect its obligations under this Act or any regulations made under this Act; and

  • (iv) enable it to meet its obligations under this Act or any regulations made under this Act; and

• (c) perform any function or duty that the Minister directs under subsection (2).

(2) The Minister may, after consulting the NAIT organisation and any other persons that the Minister considers appropriate, direct the NAIT organisation in writing to perform a function or duty, other than a function or duty specified in subsection (1), provided the function or duty is consistent with the NAIT organisation's obligations under this Act or any regulations made under this Act.

(3) The NAIT organisation—

• (a) may contract out the functions, duties, and powers specified in subsection (1)(a)(i) to (v) and (vii) to (x), but remains responsible and accountable for the performance of those functions and duties and the exercise of those powers; and

• (b) may not contract out the compliance and enforcement functions specified in subsection (1)(a)(vi) apart from any compliance functions that relate to the provision of information and training.

(3A) To avoid doubt, any compliance or enforcement function undertaken by the NAIT organisation under subsection (1)(a)(vi) does not displace or limit the compliance or enforcement functions of the Crown under this Act or any other enactment.

(3B) The NAIT organisation—

• (a) must, on an annual basis, review any national operations plan that is implemented under subsection (1)(a)(x); and

• (b) must amend the plan if the NAIT organisation considers an amendment necessary or desirable in the light of the purpose of this Act.

(3C) Despite subsection (1)(a)(x) or (3B), the Minister—

• (a) may, at any time, review any national operations plan that is implemented under subsection (1)(a)(x); and

• (b) may, after consulting the NAIT organisation, amend the plan if the Minister considers an amendment necessary or desirable in the light of the purpose of this Act.

(4) The NAIT organisation must, when performing its functions or duties or exercising its powers,—

• (a) have regard to any policies that the Minister issues under section 12; and

• (b) comply with any standards that the Minister issues under section 12.

(5) In the case of an inconsistency between this Act and any enactment under which the entity that became the NAIT organisation was established, this Act prevails.

(1) The board or governing body of the NAIT organisation—

• (a) may, by notice in writing and on any terms and conditions that the board or governing body of the NAIT organisation considers appropriate, delegate—

  • (i) any or all of its functions, duties, or powers (other than its power of delegation) to any suitable person:

  • (ii) any or all of the functions, duties, or powers of the NAIT organisation to any suitable person; but

• (b) remains responsible for the performance of any delegated function or duty and the exercise of any delegated power.

(2) The board or governing body of the NAIT organisation may, by notice in writing, revoke any delegation at any time.

(3) A suitable person to whom a function, duty, or power is delegated may, subject to any terms and conditions imposed by the board or governing body of the NAIT organisation, perform the function or duty, or exercise the power, as if the person were the NAIT organisation or the board or governing body of the NAIT organisation (as the case may be).

(4) In the absence of proof to the contrary, a suitable person who acts under a delegation is presumed to act in accordance with the delegation.

(5) For the purposes of this section, suitable person means—

• (a) the chief executive of the NAIT organisation:

• (b) an employee or office holder of the NAIT organisation:

• (c) any other person approved by the Minister.

(1) The Minister may issue, amend, or revoke policies and standards in relation to the performance of a function or duty, or the exercise of a power, under this Act or any regulations made under this Act.

(2) Before issuing, amending, or revoking a policy or standard, the Minister must consult the persons or class of persons who, in the opinion of the Minister, have an interest in the policy or standard.

(3) However, the Minister is not required to consult if the Minister is satisfied that—

• (a) the policy or standard needs to be issued, amended, or revoked urgently; or

• (b) the amendment to the policy or standard is minor and will not adversely affect the substantial interests of any person.

(4) If the Minister issues, amends, or revokes a policy or standard, the Minister must give notice of the issue, amendment, or revocation—

• (a) in the Gazette; and

• (b) anywhere else that the Minister considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the Ministry.

(5) The notice must—

• (a) give a general indication of the nature of the policy or standard; and

• (b) specify where a copy of the policy or standard may be obtained.

(1) The Minister may request the NAIT organisation to provide to the Minister, in a form the Minister specifies, any information relating to the performance of any of its functions or duties or the exercise of any of its powers under this Act or regulations made under this Act—

• (a) that the Minister reasonably requires; and

• (b) that is—

  • (i) in the possession of the NAIT organisation; or

  • (ii) capable of being obtained by the NAIT organisation without unreasonable difficulty or expense.

(2) The NAIT organisation must provide the requested information to the Minister as soon as is reasonably practicable.

(3) This section is subject to Part 4.

(1) The NAIT organisation may issue, amend, or revoke a NAIT animal identification standard for any NAIT identification system.

(2) Without limiting the power of the NAIT organisation to issue, amend, or revoke a NAIT animal identification standard, a NAIT animal identification standard may specify requirements for—

• (a) any identification device that forms part of any NAIT identification system:

• (b) the operation of any NAIT identification system, including (but not limited to) any flock, mob, or herd identification system:

• (c) the manufacture, supply, and importation of any animal identification device that forms part of any NAIT identification system:

• (d) the registration of animal attributes, including (but not limited to) genetic information.

(3) Before issuing an animal identification standard, the NAIT organisation must—

• (a) have regard to—

  • (i) the need to provide unique, clear, and lasting animal identification; and

  • (ii) any relevant international standards relating to animal identification; and

  • (iii) the need to avoid confusion with any other generally used system of identification; and

• (b) consult those persons that the NAIT organisation reasonably considers to be representative of the interests of persons or classes of persons likely to be substantially affected by the NAIT animal identification standard; and

• (c) be satisfied that the standard, in the context of the NAIT scheme, is efficient, effective, and appropriate.

(4) However, the NAIT organisation is not required to consult under subsection (3)(b) if the NAIT organisation is satisfied that—

• (a) the NAIT animal identification standard needs to be issued, amended, or revoked urgently; or

• (b) an amendment to the NAIT animal identification standard is minor and will not adversely affect the substantial interests of any person.

(4A) Any consultation undertaken by NAIT Limited before the commencement of subsection (3)(b) in respect of a NAIT animal identification standard is to be treated as consultation by the NAIT organisation for the purposes of subsection (3)(b).

(5) If the NAIT organisation issues, amends, or revokes a NAIT animal identification standard, the NAIT organisation must give notice of the issue, amendment, or revocation—

• (a) in the Gazette; and

• (b) anywhere else that the NAIT organisation considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation.

(1) The NAIT organisation may approve—

• (a) an identification system of its own design that complies with the standards that the NAIT organisation has issued for a NAIT identification system:

• (b) any other identification system—

  • (i) whose operators wish to link with the NAIT information system if the NAIT organisation is satisfied that—

    • (A) an identification device that forms part of the other identification system does not cause confusion with an identification device that forms part of the NAIT identification system; and

    • (B) the other identification system is capable of providing the information required by the NAIT information system, including (but not limited to) its form, content, and quality:

  • (ii) whose operators do not wish to link with the NAIT information system, provided the NAIT organisation is satisfied that an identification device that forms part of the other identification system does not cause confusion with an identification device that forms part of the NAIT identification system.

(2) An application for approval of an identification system must—

• (a) be made in writing to the NAIT organisation; and

• (b) be in the prescribed form; and

• (c) be accompanied by the prescribed fee (if any).

(3) For the purpose of assessing an application for approval of an identification system, the NAIT organisation may require the applicant to supply information additional to that contained in the application.

(4) The NAIT organisation must, within 20 working days of the date on which the application was submitted,—

• (a) determine the application; and

• (b) inform the applicant of the determination in writing.

(5) The NAIT organisation may, in relation to any NAIT identification system,—

• (a) impose any conditions that the NAIT organisation considers appropriate to ensure that—

  • (i) an identification device that forms part of an identification system does not cause confusion with an identification device that forms part of a system specified in subsection (1)(a); and

  • (ii) the identification system is capable of providing the information required by the NAIT information system, including (but not limited to) its form, content, and quality.

(6) Subsections (2) to (5) do not apply to any identification system of the NAIT organisation's own design that complies with the standards that the NAIT organisation has issued for a NAIT identification system.

(7) The NAIT organisation must give notice of any identification system that it approves—

• (a) in the Gazette; and

• (b) anywhere else that the NAIT organisation considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation.

(1) The NAIT organisation may—

• (a) suspend or revoke the approval of any NAIT identification system if the applicant fails to meet any conditions that the applicant must meet before the identification system may commence:

• (b) suspend or revoke the approval of any NAIT identification system if—

  • (i) the identification system fails to comply with an applicable standard; or

  • (ii) a significant proportion of persons who are using the identification system are not complying with the identification system.

(2) A suspension of the approval of a NAIT identification system may be indefinite or for a specified period.

(3) Before suspending or revoking the approval of a NAIT identification system, the NAIT organisation must—

• (a) give written notice of the proposal to suspend or revoke the approval to the person who operates the NAIT identification system; and

• (b) provide the person who operates the NAIT identification system with an opportunity to make written submission on the proposal.

(4) If the approval of a NAIT identification system is suspended or revoked, the NAIT organisation must give notice of the suspension or revocation of the approval—

• (a) in the Gazette; and

• (b) anywhere else that the NAIT organisation considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation.

(5) No person may use a suspended or revoked NAIT identification system unless the person owns or is in charge of an animal or a herd that, on or before the date of suspension or revocation, was identified by the identification system, in which case the person may continue to use the identification system for the animal or the herd.

(1) The NAIT organisation may,—

• (a) at any time, review any NAIT identification system; and

• (b) on the basis of the review,—

  • (i) amend or revoke any conditions that the NAIT organisation has imposed on the operation of the identification system (as the case may be):

  • (ii) in relation to any NAIT identification system, impose any additional conditions that the NAIT organisation considers appropriate to ensure that—

    • (A) an identification device that forms part of an identification system does not cause confusion with an identification device that forms part of a system specified in section 15(1)(a); and

    • (B) the identification system is capable of providing the information required by the NAIT information system, including (but not limited to) its form, content, and quality.

(2) Before amending, revoking, or imposing any conditions in relation to any NAIT identification system, the NAIT organisation must—

• (a) give written notice of the proposal to amend, revoke, or impose any conditions to the person (other than the NAIT organisation) who operates the identification system; and

• (b) provide the person (other than the NAIT organisation) who operates the identification system with an opportunity to make a written submission on the proposal.

(1) An information provider may, on behalf of a PICA, perform 1 or more of the following functions or duties of the PICA:

• (a) carrying out animal registration obligations of the PICA; and

• (b) providing animal movement declarations; and

• (c) providing information to the NAIT organisation; and

• (d) providing notification when NAIT animals die, are lost, or are exported live; and

• (e) registering a person as a PICA or a PICA delegate.

(2) An accredited entity dealing with NAIT animals may employ 1 or more PICAs to provide information to the NAIT organisation in relation to the movement of NAIT animals to or from the location operated by the entity.

(1) For the purposes of this Part, the NAIT organisation may issue, amend, or revoke an accreditation standard for any matter specified in this Part.

(2) Without limiting the power of the NAIT organisation to issue, amend, or revoke an accreditation standard, an accreditation standard may specify the competencies required to be accredited to carry out any function.

(3) Before issuing an accreditation standard, the NAIT organisation must—

• (a) consult those persons that the NAIT organisation reasonably considers to be representative of the interests of persons or classes of persons likely to be substantially affected by the accreditation standard; and

• (b) be satisfied that the accreditation standard, in the context of the NAIT scheme, is efficient, effective, and appropriate.

(4) However, the NAIT organisation is not required to consult under subsection (3)(a) if the NAIT organisation is satisfied that—

• (a) the accreditation standard needs to be issued, amended, or revoked urgently; or

• (b) an amendment to the accreditation standard is minor and will not adversely affect the substantial interests of any person.

(4A) Any consultation undertaken by NAIT Limited before the commencement of subsection (3)(a) in respect of an accreditation standard is to be treated as consultation by the NAIT organisation for the purposes of subsection (3)(a).

(5) If the NAIT organisation issues, amends, or revokes an accreditation standard, the NAIT organisation must give notice of the issue, amendment, or revocation—

• (a) in the Gazette; and

• (b) anywhere else that the NAIT organisation considers appropriate, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation.

(1) The NAIT organisation may accredit—

• (a) an entity as an information provider if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited:

• (b) an entity dealing with NAIT animals that is to provide information to the NAIT organisation (in relation to the movement of NAIT animals to and from the location operated by the entity) if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited.

(1) The NAIT organisation may accredit—

• (a) an entity as an information provider, if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited:

• (b) an entity dealing with NAIT animals, if the entity meets the accreditation standards that the NAIT organisation has issued for entities that apply to be accredited.

(1A) An accreditation under subsection (1)(b) is for the purpose of enabling a PICA sending a NAIT animal to (or receiving a NAIT animal from) a PICA employed by the entity to qualify for any exemptions specified in regulations made under this Act with respect to the obligation to declare movement of the animal.

(2) An application for an accreditation under subsection (1) must—

• (a) be made in writing to the NAIT organisation; and

• (b) be in the prescribed form; and

• (c) be accompanied by the prescribed fee (if any).

(3) For the purpose of assessing an application, the NAIT organisation may require the applicant to supply information additional to that contained in the application.

(4) The NAIT organisation must, within 20 working days of the date on which the application was submitted,—

• (a) determine the application; and

• (b) inform the applicant of the determination in writing.

(5) The NAIT organisation may, in relation to any entity it accredits under subsection (1),—

• (a) impose any conditions that the entity must meet—

  • (i) before operating or while operating as—

    • (A) an information provider; or

    • (B) an entity that is to provide information to the NAIT organisation:

    • (B) an accredited entity for the purpose of subsection (1A):

• (b) restrict the accreditation to a specified period.

(6) Before accrediting an entity under subsection (1), the NAIT organisation—

• (a) must, having regard to the following factors, be satisfied that the entity is able to perform the required functions:

  • (i) the relevant competencies of the persons employed or contracted by the entity; and

  • (ii) the resources available to the entity, including (but not limited to) hardware and software systems; and

  • (iii) the requirements of any regulations and standards made under this Act, including (but not limited to) the applicable accreditation standards issued by the NAIT organisation.

• (b) must be satisfied that the entity or person has signed a data-sharing agreement with the NAIT organisation that provides for data management, protection of personal privacy, and data security.

(7) An entity accredited under subsection (1) must—

• (a) provide any information to the NAIT organisation that the NAIT organisation requests under section 23; and

• (b) comply with any direction that the NAIT organisation gives under section 23.

(8) The accreditation of an entity dealing with NAIT animals may relate to—

• (a) NAIT animals sent to the location operated by the entity:

• (b) NAIT animals sent from the location operated by the entity.

(9) To avoid doubt,—

• (a) the accreditation standards for an entity that is an individual and the accreditation standards for an entity that is an organisation may differ:

• (b) the conditions, restrictions, or other requirements for an accredited entity that is an individual and the conditions, restrictions, or other requirements for an accredited entity that is an organisation may differ.

(1) The NAIT organisation may—

• (a) suspend or revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or the entity (as the case may be) fails to meet any conditions that the information provider or entity must meet before operating as an information provider or an accredited entity dealing with NAIT animals:

• (b) suspend or revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or entity (as the case may be) fails to comply with an applicable standard:

• (c) revoke the accreditation of an information provider or an accredited entity dealing with NAIT animals if the information provider or entity (as the case may be) informs the NAIT organisation in writing that the information provider or entity no longer wishes to operate as an information provider or an accredited entity dealing with NAIT animals.

(2) A suspension—

• (a) may be indefinite or for a specified period:

• (b) may, where an information provider or entity dealing with NAIT animals operates at more than 1 location, be restricted to a particular location or locations:

• (c) may impose conditions that must be met before the suspension may be lifted.

(2A) A revocation may, where an information provider or entity that deals with NAIT animals operates at more than 1 location, be restricted to a particular location or locations.

(3) Before suspending or revoking the accreditation of an information provider or entity dealing with NAIT animals (as the case may be), the NAIT organisation must—

• (a) give written notice of the proposal to suspend or revoke the accreditation to the information provider or entity; and

• (b) provide the information provider or entity with an opportunity to make a written submission on the proposal.

(1) The NAIT organisation must keep a register of—

• (a) all information providers; and

• (b) all accredited entities dealing with NAIT animals.

(2) The register may be kept in the manner that the NAIT organisation considers appropriate.

(3) However, the register—

• (a) must be accessible to the public, including on (but not limited to) an Internet site maintained by or on behalf of the NAIT organisation; and

• (b) must, in relation to each information provider and each accredited entity dealing with NAIT animals (as the case may be), specify—

  • (i) the name and principal business address of the information provider or accredited person; and

  • (ii) the conditions (if any) that apply; and

  • (iii) the date and period of any suspension of accreditation; and

  • (iv) the date of any revocation of accreditation.

(1) The NAIT organisation—

• (a) may audit each year the following information:

  • (i) the quality of the information gathered by an information provider or an entity dealing with NAIT animals; and

  • (ii) the information-gathering and information-handling practices of an information provider or an accredited entity dealing with NAIT animals; and

• (b) may audit each year any other matters concerning the information gathered or handled by an information provider or an accredited entity dealing with NAIT animals.

(2) The NAIT organisation may require an information provider or an accredited entity dealing with NAIT animals to provide any information reasonably necessary to carry out the audit.

(3) The NAIT organisation, when requesting information for an audit, must specify in writing—

• (a) the information that—

  • (i) an information provider must provide to the NAIT organisation; and

  • (ii) an accredited entity dealing with NAIT animals must provide to the NAIT organisation; and

• (b) the form in which the information must be provided; and

• (c) the date by which the information must be provided.

(4) Every information provider and every accredited entity dealing with NAIT animals (as the case may be) must provide, at no cost, the staff necessary to assist the NAIT organisation with its audit of the information that the information provider or accredited entity has provided.

(5) The Privacy Commissioner may require the NAIT organisation to report on the information-gathering and information-handling practices of information providers and accredited entities dealing with NAIT animals who gather and handle personal information.

(6) Following an audit under this section, the NAIT organisation may direct an information provider or an accredited entity dealing with NAIT animals to implement changes in relation to the matters audited.

(1) This Part provides for the key obligations of persons in day to day charge of NAIT animals.

(2) Those obligations are (without limitation) to—

• (a) register as a PICA with the NAIT organisation; and

• (b) register with the NAIT organisation, as a NAIT location, any location where NAIT animals are to be kept or held; and

• (c) identify a NAIT animal with a NAIT device and register the animal with the NAIT organisation; and

• (d) declare the movement of NAIT animals from 1 NAIT location to another; and

• (f) declare the death, loss, or intended export of NAIT animals; and

• (g) provide correct and up-to-date information to the NAIT organisation as required by or under this Act.

(3) These obligations apply to every PICA—

• (a) to the extent that they are applicable in particular circumstances; and

• (b) unless a matter qualifies for an exemption under regulations made for that purpose under this Act.

(1) The obligations set out in this Part apply,—

• (a) as far as they are applicable in particular circumstances, to every PICA, including—

  • (i) persons such as farmers, stock agents, livestock transport operators, livestock drovers, saleyard operators, meat processors, and organisers of school pet days; and

  • (ii) persons acting as delegates of PICAs; and

  • (iii) persons who, being accredited as persons to provide information under section 20, may act as persons to whom this Part applies; and

• (b) subject to any exemption provided for in regulations made under this Act.

(2) A PICA may permit—

• (a) a PICA delegate to act on behalf of the PICA in respect of any matter delegated by the PICA:

• (b) an information provider to carry out duties functions and duties on behalf of the PICA under section 18(1).

• (c) an accredited entity dealing with NAIT animals to carry out duties under section 18(2) in lieu of the PICA.

(3) If subsection (2)(a) or (b) applies, the PICA remains responsible for compliance with this Act in respect of the action or duty.

(4) If subsection (2)(c) applies, the accredited person and not the PICA is responsible for compliance with this Act in respect of the duty.

(4) To avoid doubt, an entity accredited under section 20(1)(b) to deal with NAIT animals may employ 1 or more PICAs for whom the obligations set out in Part 3 apply under subsection (1)(a).

In this Part,—

(1) The NAIT organisation must maintain the NAIT information system.

(2) The NAIT organisation must appoint a NAIT information system administrator to manage access to the NAIT information system.

Core data is held in the NAIT information system for the following purposes:

• (a) to enable the NAIT organisation, a NAIT officer, or a NAIT authorised person to exercise their powers and carry out their functions and duties:

• (b) to assist other persons with duties under this Act to carry out their duties:

• (c) to facilitate the purposes of the Animal Products Act 1999, Biosecurity Act 1993, Commodity Levies Act 1990, Primary Products Marketing Act 1953, and any other enactment relating to animals or animal health:

• (e) to respond to the following human health issues:

  • (i) food residues associated with animals:

  • (ii) food-borne diseases associated with animals:

  • (iii) diseases transferable between animals and humans:

• (f) to provide data supporting productivity, market assurance, and trading requirements:

• (g) to respond to natural disasters or requests from emergency services when rapid access to data on animals and people is needed to manage risks to life and welfare:

• (h) to provide statistical data for policy development and related advice about the industries to which this Act applies:

• (i) to enable the NAIT organisation to publish general agricultural statistics under section 49:

• (j) to provide data to enable a potential purchaser of a NAIT animal to trace the history of the animal over its life.

(1) A person may request the NAIT organisation to make an agreement with the person to hold non-core data in the NAIT information system.

(2) The NAIT organisation may make the agreement if it is satisfied that—

• (a) holding the data in the NAIT information system—

  • (i) is in the interests of the industry that the data is about; and

  • (ii) is consistent with the public good; and

  • (iii) does not compromise the operation of the NAIT information system; and

• (b) the NAIT information system is the most efficient, effective, and appropriate place to hold the data; and

• (c) the person who made the request has agreed to meet the full costs of holding the data in the NAIT information system.

(3) The agreement must specify the terms and conditions on which the data is to be held.

(4) The terms and conditions must include—

• (a) the period for which the NAIT information system is to hold the data; and

• (b) the persons who may have access to the data in addition to or instead of the person who made the agreement; and

• (c) how the person who made the agreement, and the persons who may have access to the data in addition to or instead of the person who made the agreement, are to have access to the data; and

• (d) the arrangements for the person who made the agreement to pay the full costs of holding the data.

(1) The NAIT information system must have the functionality to distinguish between core data and non-core data easily.

(2) The NAIT information system must be able to interact with—

• (a) the biosecurity database; and

• (b) any database established by the Crown for the purposes of the Animal Products Act 1999.

(3) Interaction as described in subsection (2) may take place only for a purpose in section 40.

(4) The NAIT information system must hold core data only for as long as reasonably necessary to achieve the purposes in section 40.

(5) The NAIT information system must hold non-core data for the period agreed under section 41(4)(a).

(6) The NAIT organisation must not make exclusive arrangements for access to data in the NAIT information system.

(7) Access to data in the NAIT information system is available as follows:

• (a) the NAIT organisation, NAIT officers, and NAIT authorised persons have access to the data when they need it to exercise their powers and carry out their functions and duties:

• (b) the persons described in section 41(4)(c) have access by the means provided for in the agreement:

• (c) other persons must apply for access under section 43.

(1) An application under section 45 or 46 may be made in writing, electronically, or orally.

(2) The applicant must provide the prescribed information and the prescribed fee, if any, with the application to the extent to which it is possible to do so.

(3) To the extent to which the applicant cannot comply with subsection (2), the applicant must provide the prescribed information and the prescribed fee, if any, within 5 working days of making the application.

(4) An applicant making an application described in section 45(6) may provide additional information relevant to the application for use by the administrator in determining the application.

(1) An application must be made to the administrator.

(2) The administrator may require an applicant to provide evidence of the applicant’s identity in the form of a driver’s licence or other identification satisfactory to the administrator.

(3) The administrator must decide whether the administrator or the panel is to determine an application described in section 46, having regard to the significance of the application to the industry to whose data access is sought.

(1) An application described in this section must be determined by the administrator.

(2) An applicant may apply for access to the following data:

• (a) the applicant's personal information:

• (b) information about an animal for which the applicant is the PICA.

• (b) information that—

  • (i) is about an animal for which the applicant is the PICA; and

  • (ii) is not another PICA's personal information.

(3) The administrator must grant the application if satisfied that the data is as described in subsection (2)(a) or (b).

(4) The administrator must decline the application if not satisfied as described in subsection (3).

(5) The following persons may make the application described in subsection (6):

• (a) a New Zealand citizen:

• (b) a permanent resident of New Zealand:

• (c) a body corporate that is incorporated in New Zealand:

• (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand:

• (e) a department or other Crown agency.

(6) The application is an application for confirmation that the person specified by the applicant is the registered PICA for a NAIT animal.

(7) The administrator must determine the application by confirming or denying that the person is the registered PICA for the animal.

(1) An application described in this section must be determined by the administrator or the panel, as decided by the administrator under section 44(3).

(2) The following persons may make the application described in subsection (3):

• (a) a New Zealand citizen:

• (b) a permanent resident of New Zealand:

• (c) a body corporate that is incorporated in New Zealand:

• (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

(3) The application is an application for access to core data that is personal information.

(4) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

• (a) the applicant has express consent from the person whose data it is to whose personal information the applicant seeks access to the applicant having access; or

• (b) access to the data is reasonably necessary to achieve a purpose in section 40(b) or (c).

(5) The following persons may make the application described in subsection (6):

• (a) a New Zealand citizen:

• (b) a permanent resident of New Zealand:

• (c) a body corporate that is incorporated in New Zealand:

• (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

(6) The application is an application for access to core data that is not personal information.

(7) The administrator or the panel must grant the application, wholly or partly, if satisfied that access to the data is reasonably necessary to achieve a purpose in section 40.

(8) A department or other Crown agency may make the application described in subsection (9).

(9) The application is an application for access to core data, whether or not it is personal information.

(10) The administrator or the panel must grant the application, wholly or partly, if satisfied that access to the data is reasonably necessary to achieve a purpose in section 40.

(14) The following persons may make the application described in subsection (15):

• (a) a New Zealand citizen:

• (b) a permanent resident of New Zealand:

• (c) a body corporate that is incorporated in New Zealand:

• (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand:

• (e) a department or other Crown agency.

(15) The application is an application for access to non-core data, whether or not it is personal information.

(16) The administrator or the panel must grant the application, wholly or partly, if satisfied that the applicant has express consent from the person whose data it is to the applicant having access.

(20) An information provider may make an application for access to enable it to link into and access the NAIT information system for the purposes of inputting and editing core data relating to a particular PICA or particular PICAs.

(21) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

• (a) the information provider is currently accredited under section 20; and

• (b) the information provider has been authorised by the relevant PICA or PICAs to act as their agent for the purposes of this Act; and

• (c) the linking and access do not compromise the operation of the NAIT information system.

(21A) An entity dealing with NAIT animals may make an application for access to enable a particular PICA or particular PICAs for the entity to link into and access the NAIT information system, individually or jointly, for the purposes of inputting and editing core data.

(21B) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

• (a) the entity is currently accredited under section 20; and

• (b) the linking and access do not compromise the operation of the NAIT information system.

(22) An industry body may make an application for access to enable it to link into and access core data.

(23) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

• (a) the industry body has express consent from the persons to whose personal information the body will have access to the body having access; and

• (b) the linking and access do not compromise the operation of the NAIT information system.

(24) The administrator or the panel must decline the application if not satisfied as described in this section.

(1) This section applies when the administrator or the panel grants access to data under section 45 or 46.

(2) The administrator or the panel must specify the method by which access will be given.

(3) The method may be any method that the administrator or panel thinks fit.

(4) The administrator must not impose any conditions on a grant of access to data that is—

• (a) the applicant's personal information; or

• (b) information about an animal for which the applicant is the PICA.

(5) The administrator or the panel may impose any conditions that the administrator or the panel thinks fit on any other grant of access, including, but not limited to, conditions that—

• (a) restrict the use to which the data may be put:

• (b) prohibit further disclosure of the data:

• (c) protect an individual's privacy:

• (d) protect the commercial sensitivity of the data.

(1) The administrator or the panel must inform the applicant of a determination under section 45 or 46 as soon as practicable.

(2) A determination to decline an application must include reasons and must be accompanied by a copy of the complaints procedure established under section 50.

The NAIT organisation may publish general agricultural statistics based on core data and non-core data.

The NAIT organisation must establish and publish a complaints procedure for use by applicants dissatisfied with—

• (a) decisions or determinations by the administrator; or

• (b) determinations by the panel.

(1) Nothing in the Official Information Act 1982 applies to data in the NAIT information system.

(2) For the purposes of the rules of evidence, the contents of the NAIT information system are proved by the production of a certificate indicating its contents signed by the administrator or a person acting under a delegation from the administrator.

(1) The Director-General must appoint, as necessary for the purpose of monitoring compliance with and enforcing this Act, fit and proper persons to be—

• (a) NAIT officers; and

• (b) NAIT authorised persons.

(2) Persons appointed under this section must have the appropriate experience, qualifications, and technical competence relevant to the functions of a NAIT officer or NAIT authorised person, as the case may be.

(3) Persons appointed under this section as NAIT officers or as NAIT authorised persons may (but need not) be employed by the Director-General under the State Sector Act 1988.

(4) Subject to subsection (2), the following may be appointed as a NAIT officer:

• (a) an inspector appointed under section 103 of the Biosecurity Act 1993:

• (b) an animal product officer appointed under section 78 of the Animal Products Act 1999.

(5) Without limiting the discretion of the Director-General under subsection (1), the NAIT organisation may recommend suitable persons for appointment as NAIT authorised persons.

(6) To avoid doubt, if the Director-General delegates the power of appointment of NAIT officers or NAIT authorised persons to another Director-General under section 41 of the State Sector Act 1988, references in this section to the Director-General must be read as references to the Director-General to whom the power of appointment is delegated.

(1) The Director-General must supply every NAIT officer and every NAIT authorised person with a warrant of authorisation stating the powers and functions of the relevant officer or authorised person.

(2) A NAIT officer or a NAIT authorised person, in exercising a power under this Act, must carry and produce, if required to do so,—

• (a) his or her warrant of authorisation; and

• (b) evidence of his or her identity.

(3) A warrant must be surrendered to the Director-General on the termination of an appointment.

(1) The purpose of the powers conferred by this Act is to enable a NAIT officer or a NAIT authorised person, as necessary, to ascertain any breach of a NAIT obligation or of any matters prohibited by or under this Act, to give advice on compliance with this Act, and undertake any necessary enforcement of this Act, whether or not NAIT animals are involved.

(2) The functions of a NAIT officer and a NAIT authorised person are to—

• (a) ascertain whether persons participating in the NAIT scheme are complying with the obligations placed on those persons by or under this Act; and

• (b) undertake the enforcement of this Act.

(3) Persons appointed as NAIT officers or as NAIT authorised persons—

• (a) have and may exercise powers conferred by or under this Act as necessary to perform the functions of a NAIT officer or a NAIT authorised person, as the case may be; and

• (b) may be authorised to exercise all the powers and perform all the functions of their office under this Act or only those powers and functions specified in the warrant of authorisation.

(4) In addition to the powers expressly conferred on NAIT authorised persons, a NAIT authorised person has, and may exercise, any other powers that a NAIT officer has under this Act for ascertaining or monitoring compliance with this Act, if such powers are expressly provided for in the warrant of authorisation issued to that person under section 151B.

Schedule 1A contains provisions relevant to—

• (a) the administration of the NAIT scheme; and

• (b) compliance with, and enforcement of, obligations under this Act.

(1) This section applies to the following persons:

• (a) the Director-General:

• (b) an employee or agent of the Ministry:

• (c) a NAIT officer:

• (d) a NAIT authorised person:

• (f) an employee or agent of the NAIT organisation:

• (g) any other person exercising powers or carrying out duties or functions under this Act.

(2) The person is protected from civil and criminal liability for any act that the person does or omits to do—

• (a) under this Act; or

• (b) in the exercise or intended exercise of the person's powers or the carrying out or intended carrying out of the person's duties or functions under this Act, done—

  • (i) in good faith; and

  • (ii) with reasonable cause.

(3) No action may be brought against the persons referred to in subsection (1) for any loss or damage resulting from reliance on information—

• (a) received from 1 of those persons; or

• (b) collected or held by 1 of those persons, whether accessed directly or indirectly or lawfully or unlawfully.

(1) The Minister must carry out the duties in subsections (3) and (4) in the following years for the following periods:

• (a) in the first full financial year after the commencement date of this section, for the next period of 3 financial years:

• (b) in the final financial year of each subsequent set of 3 financial years, for the next period of 3 financial years.

(2) The Minister must carry out the duties in subsections (3) and (4) in conjunction with the NAIT organisation.

(3) The Minister must estimate the amount of costs to which the following apply:

• (a) they will arise in the forthcoming period; and

• (b) they are the expected direct and indirect costs of administering this Act; and

• (c) they are not recoverable under another provision of this Act; and

• (d) they will not be appropriated by Parliament for the purpose.

(4) The Minister must then recommend the making of regulations under section 157 or 158 to recover one-third of the amount in each of the financial years in the period.

(5) The reference in subsection (4) to recovering one-third of the amount is modified in that—

• (a) a shortfall in cost recovery in a period may be recovered in the subsequent period; and

• (b) an over-recovery of costs in a period may be counted towards the recovery of costs in a subsequent period.

(6) The Minister must ensure that the regulations are made before the start of the period to which they apply.

(7) The Minister may recommend the amendment of the regulations in the period to which they apply if the Minister is satisfied that—

• (a) actual costs in the period are likely to vary significantly from the estimate of costs under subsection (3) on which the regulations were based; and

• (b) the persons likely to be substantially affected by the amendment, or their representatives, have been consulted.

(8) An amendment under subsection (7) applies to the remaining full financial years in the period to which the regulations apply.

(9) The Minister may also recommend the amendment of the regulations in the period to which they apply if the Minister is satisfied that—

• (a) the addition to or removal from Schedule 1 of a species or sub-group of species requires a reallocation of costs among NAIT participants; and

• (b) the persons likely to be substantially affected by the amendment, or their representatives, have been consulted.

(10) An amendment under subsection (9) applies from the date on which the species is added or removed.

In making decisions under section 153, the Minister must have regard to the following principles:

• (a) equity, in that funding for a service should generally be sourced from the users or beneficiaries of the service at a level commensurate with their use of or benefit from it and with the risks associated with the activities they carry out, but without strict apportionment according to use or benefit having to be observed:

• (b) efficiency, in that the allocation of costs should generally aim at the provision of maximum services at minimum cost:

• (c) justifiability, in that costs should generally be recovered to meet only the actual and reasonable costs of the provision of services:

• (d) transparency, in that—

  • (i) both budget projections and actual costs should generally be transparent; and

  • (ii) costs should generally be identified for, and allocated as closely as practicable to, tangible service provision in the recovery period in which the service is provided:

• (e) ease of administration, in that the costs of collection should generally be kept as low as possible:

• (f) flexibility, in that the method of recovering costs should generally be able to—

  • (i) adapt to changes in species or sub-groups of species covered by the Act; and

  • (ii) cope with variations in costs to be recovered; and

  • (iii) encourage the provision of complete and accurate data.

(1) The methods by which costs may be recovered by regulations made under section 157 or 158 are as follows:

• (a) fees or charges of fixed amounts:

• (b) fees or charges based on a scale:

• (c) fees or charges determined on a time-unit basis:

• (d) fees or charges calculated using a formula, which may or may not specify values attributed to components of the formula:

• (e) fees or charges calculated using a method of calculation other than a formula:

• (f) fees or charges determined by calculations involving an averaging of costs:

• (g) fees or charges consisting of the actual and reasonable costs of providing a service:

• (h) fees or charges based on estimated costs and paid before the provision of the service, followed by reconciliation and an appropriate further payment or refund after the provision of the service:

• (i) refundable or non-refundable deposits paid before the provision of the service:

• (j) fees or charges that differ depending on whether or not a special or an urgent service is provided:

• (k) fees or charges that include more than 1 level of fee or charge for the same service provided in different ways, or provided in or for different places:

• (l) fees or charges that differ for otherwise similar services provided in different ways:

• (m) fees or charges that differ depending on the amount of service required or the components of the service required for the particular person or class of persons:

• (n) fees or charges imposed on all users of services, classes of users of services, all beneficiaries of services, or classes of beneficiaries of services:

• (o) levies.

(2) The methods may be used individually or in combination.

(1) The Minister must be satisfied that subsections (2) to (4) have been complied with before the Minister makes a recommendation under section 153(4).

(2) The persons likely to be substantially affected, or their representatives, must be consulted.

(3) The NAIT organisation must carry out the consultation.

(4) The consultation must be about regulations proposed under section 157 or 158.

(5) Regulations made under section 157 or 158 are not invalid on the grounds—

• (a) that subsections (2) to (4) were not complied with before the Minister recommended the making of the regulations; or

• (b) that the consultation carried out was about a specific amount of a fee, charge, or levy that is not the amount set in the regulations.

(1) The Governor-General may, by Order in Council and on the recommendation of the Minister, make regulations prescribing—

• (a) fees or charges of a kind or kinds described in section 155(1)(a) to (n):

• (b) the persons liable for the payment of the fees or charges:

• (c) the persons, if any, exempt from paying the fees or charges.

(2) If an exemption is provided under subsection (1)(c), the reasons for it must be set out in the regulations' explanatory note.

(1) The Governor-General may, by Order in Council and on the recommendation of the Minister, make regulations providing for the payment of a levy.

(2) The regulations must—

• (a) specify that the levy is payable to—

  • (i) the NAIT organisation; or

  • (ii) the organisation that collects the levy on behalf of the NAIT organisation:

• (b) specify how the levy is to be spent by the NAIT organisation:

• (c) specify the maximum levy rate or rates:

• (d) specify that the NAIT organisation sets the actual levy rate or rates:

• (e) specify that the NAIT organisation must consult with those affected by the payment or collection of the levy before setting the actual levy rate or rates:

• (f) specify the persons or classes of persons responsible for paying the levy:

• (g) specify the persons or classes of persons, if any, exempt from paying the levy:

• (h) specify, if the levy is to be paid at different rates, the places, services, species, sub-group of species, or other things to which the different rates apply:

• (i) specify how the levy rate or rates are calculated:

• (j) specify how the levy rate or rates and variations of the rate or rates are to be notified:

• (k) specify when and how the levy is to be paid:

• (l) specify the persons responsible for collecting the levy:

• (m) state whether or not the persons collecting the levy are entitled to recover the cost of collection and, if the persons are entitled to do so, specify the maximum rate of collection costs:

• (n) for the purpose of ascertaining whether or not the regulations are being complied with,—

  • (i) require the keeping of accounts, statements, and records of a specified class or description by all or any of the NAIT organisation, the persons responsible for collecting the levy, and the persons responsible for paying it; and

  • (ii) require the retention of the accounts, statements, or records for a specified period:

• (o) provide for the establishment of a dispute resolution process for disputes relating to levies, including—

  • (i) the appointment of persons to resolve the disputes; and

  • (ii) the procedures to be followed by the persons; and

  • (iii) the remuneration of the persons.

(3) The regulations may specify—

• (a) the returns to be made to the NAIT organisation or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:

• (b) the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy:

• (c) a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner provided in the regulations:

• (d) a requirement for the funds from which the collectors of levy payments are to make payments to the NAIT organisation to be held on trust in a separate account.

(4) If an exemption is provided under subsection (2)(g), the reasons for it must be set out in the regulations' explanatory note.

(1) As soon as practicable after the end of a financial year in which a levy has been paid to the NAIT organisation, the organisation must prepare the following for the year:

• (a) a statement of the money paid to the organisation as levy in the year:

• (b) a statement of the assets the organisation has at the end of the year as a result of money paid as levy in the year:

• (c) a statement of the organisation's receipt and expenditure of money paid as levy in the year:

• (d) all other statements necessary to show fully—

  • (i) the organisation's financial position as a result of money paid as levy in the year; and

  • (ii) the financial results of all of the organisation's activities involving the use of the money paid as levy in the year or the use of assets the organisation has at the end of the year as a result of money paid as levy in the year.

(2) The NAIT organisation must ensure that the statements are audited within 5 months after the end of the year.

(1) Subsection (2) applies to regulations under section 158 that—

• (a) are made on or after 1 January and before 1 July in the same year; and

• (b) are not revoked with effect before or on 1 July in the next year; and

• (c) are not stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and

• (d) will not be stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989.

(2) The regulations are deemed to have been revoked at the close of 30 June in the next year unless they have been confirmed by an Act of Parliament passed before or on that day.

(3) Subsection (4) applies to regulations under section 158 that—

• (a) are made on or after 1 July and before or on 31 December in the same year; and

• (b) are not revoked with effect before or on 1 January in the year after the next year; and

• (c) are not stopped from having effect before or on 1 January in the year after the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and

• (d) will not be stopped from having effect before or on 1 January in the year after the next year by the application of section 5 of the Regulations (Disallowance) Act 1989.

(4) The regulations are deemed to have been revoked at the close of 31 December in the year after the year in which they were made unless they have been confirmed by an Act of Parliament passed before or on that day.

(1) This section applies if a fee, charge, or levy imposed by regulations made under section 157 or 158 is wholly or partly unpaid 20 working days after a request for payment.

(2) The amount unpaid is liable for compound interest at 10% per annum.

(3) The NAIT organisation may waive all or part of the amount of the interest if it is satisfied that the failure or refusal of a person to pay the original debt is a result of a genuine dispute between the person and the organisation as to the person's liability to pay the debt.

(4) The NAIT organisation may recover a fee, charge, or levy, and unpaid interest, from a person responsible for paying it as a debt due in a court of competent jurisdiction.

(1) This section applies if the NAIT organisation provides services other than the services required by this Act.

(2) Sections 153 to 161 do not apply to the services.

(3) The NAIT organisation must keep income from and expenditure for the services separate from income from and expenditure for the services required by this Act.

(1) The Governor-General may, on the recommendation of the Minister,—

• (a) make an Order in Council bringing Schedule 1 into force for both species in it; or

• (b) make a separate Order in Council for each species in Schedule 1 bringing the schedule into force for the particular species.

(2) The Governor-General may, by Order in Council and on the recommendation of the Minister, amend Schedule 1 by—

• (a) adding a species or sub-group of species of animal; or

• (b) removing a species or sub-group of species of animal.

(3) The Minister must take the following steps to consult on the Minister's proposal to make the recommendation, before making it:

• (a) for the NAIT organisation, current NAIT participants, the industry concerned, and persons affected by the addition or removal,—

  • (i) ensure that they, or their representatives, are given notice of it; and

  • (ii) give them, or their representatives, a reasonable opportunity to make submissions to the Minister on it; and

  • (iii) consider any submissions received from them; and

• (b) at least 28 days before making the recommendation, publish a notice in the Gazette containing information about the proposal and the reasons for it; and

• (c) ensure that a copy of the proposal is available for any person to read before the regulations are made.

(4) Before recommending the addition of a species or sub-group of species to the schedule, the Minister must apply 1 of the following:

• (a) subsection (5); or

• (b) subsection (6).

(5) For the purposes of subsection (4), the Minister must—

• (a) be satisfied that the addition was proposed by an industry group that has a business case, and the mandate of its members, for the addition, regardless of whether or not the addition is necessary for a purpose specified in section 3; and

• (b) have regard to—

  • (i) the capacity of the NAIT scheme; and

  • (ii) the need to be fair to all NAIT participants and the proposed new participant in matters of costs, benefits, and risks; and

  • (iii) the integrity of the NAIT scheme.

(6) For the purposes of subsection (4), the Minister must—

• (a) be satisfied that the addition is necessary for 1 or more of the purposes specified in section 3; and

• (b) have regard to—

  • (i) the capacity of the NAIT scheme; and

  • (ii) the need to be fair to all NAIT participants and the proposed new participant in matters of costs, benefits, and risks; and

  • (iii) the integrity of the NAIT scheme; and

  • (iv) the regulatory burden on the sector affected by the addition and the impact on the NAIT organisation and existing NAIT participants; and

  • (v) whether the regulatory burden of the addition is reasonable in comparison to the risks of and benefits from the addition; and

  • (vi) the likelihood of the sector joining the NAIT scheme voluntarily; and

  • (vii) the risks posed to New Zealand's market reputation and biosecurity status by not making the addition; and

  • (viii) the need to be able to respond to the human health issues relating to food residues associated with animals, food-borne diseases associated with animals, and diseases transferable between animals and humans.

(7) Subsections (3) to (5) do not apply if the Minister is satisfied on reasonable grounds that urgent action under subsection (2)(a) is required for the purposes of this Act.

(8) Before recommending the removal from Schedule 1 of a species or sub-group of species that was added under subsection (5), the Minister must—

• (a) have regard to—

  • (i) the need to be fair to all NAIT participants in matters of costs, benefits, and risks; and

  • (ii) the costs to be reallocated among remaining participants; and

• (b) be satisfied that—

  • (i) at least 5 years have passed since the species or sub-group of species was added to the schedule; and

  • (ii) the presence of the species or sub-group of species in the schedule is not necessary to meet any of the purposes specified in section 3; and

  • (iii) the industry has requested the removal.

(9) Before recommending the removal from the schedule of a species or sub-group of species that was added under subsection (6), the Minister must—

• (a) have regard to—

  • (i) the need to be fair to all NAIT participants in matters of costs, benefits, and risks; and

  • (ii) the costs to be reallocated among remaining participants; and

• (b) be satisfied that—

  • (i) at least 5 years have passed since the species or sub-group of species was added to the schedule; and

  • (ii) the presence of the species or sub-group of species in the schedule is no longer necessary to meet any of the purposes specified in section 3.

(1) This section applies to an Order in Council made under section 163(2).

(2) Subsection (3) applies to an order that—

• (a) is made on or after 1 January and before 1 July in the same year; and

• (b) is not revoked with effect before or on 1 July in the next year; and

• (c) is not stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and

• (d) will not be stopped from having effect before or on 1 July in the next year by the application of section 5 of the Regulations (Disallowance) Act 1989.

(3) The order is deemed to have been revoked at the close of 30 June in the next year unless it has been confirmed by an Act of Parliament passed before or on that day.

(4) Subsection (5) applies to a levy an order that—

• (a) is made on or after 1 July and before or on 31 December in the same year; and

• (b) is not revoked with effect before or on 1 January in the year after the next year; and

• (c) is not stopped from having effect before or on 1 January in the year after the next year by the application of section 5 of the Regulations (Disallowance) Act 1989; and

• (d) will not be stopped from having effect before or on 1 January in the year after the next year by the application of section 5 of the Regulations (Disallowance) Act 1989.

(5) The order is deemed to have been revoked at the close of 31 December in the year after the year in which it was made unless it has been confirmed by an Act of Parliament passed before or on that day.

(1) The Governor-General may, by Order in Council and on the recommendation of the Minister, make regulations for any of the purposes set out in subsection (3).

(2) Before the Minister makes a recommendation,—

• (a) the following consultation requirements must be complied with:

  • (i) consultation must be carried out with the persons likely to be substantially affected or their representatives; and

  • (ii) the consultation must be about the regulations proposed under this section; and

• (b) the reasons for an exemption proposed to be provided under subsection (3)(g) must be identified and prepared for inclusion in the regulations' explanatory note.

(3) The purposes are—

• (a) prescribing standards for the purposes of the definition of NAIT device in section 4:

• (b) prescribing the radius of the circle for the purposes of the definition of NAIT location in section 5:

• (c) prescribing procedures information and requirements for the purposes of section 27:

• (d) prescribing devices for the purposes of section 30(1):

• (e) prescribing requirements for the purposes of section 34(1)(c):

• (f) prescribing requirements for the purposes of section 35(2):

• (g) providing exemptions for the purposes of section 37:

• (ga) prescribing the particulars that must be provided in an application or other document under this Act:

• (h) prescribing information that must be provided with an application or other document under this Act:

• (i) prescribing the form and manner in which an application or other document must be submitted under this Act:

• (k) prescribing forms:

• (l) providing for—

  • (i) the establishment of the NAIT information system access panel:

  • (ii) the appointment and removal of members of the panel:

  • (iii) the panel's remuneration, functions, duties, powers, procedures, employees, administration, operation, and reporting requirements:

• (m) prescribing offences for breaching or not complying with regulations made under this Act and the penalties for the offences, up to a maximum of $1,000:

• (n) prescribing the offences against or under this Act that are infringement offences:

• (o) prescribing the form of an infringement notice for an infringement offence:

• (p) prescribing any additional particulars required in an infringement notice for an infringement offence:

• (q) prescribing an infringement fee no greater than $1,000 payable for each infringement offence:

• (r) providing for matters that are contemplated by this Act or necessary to give it full effect or necessary for its administration.

(1) Regulations and standards made under this Act may incorporate by reference all or any part of the following kinds of written material:

• (a) frameworks, codes of practice, standards, requirements, or recommended practices of international or national organisations:

• (b) frameworks, codes of practice, standards, requirements, or recommended practices prescribed in any country or jurisdiction:

• (c) material that is from any other source, deals with technical matters, and is too large to include in, or print as part of, the regulations or standards:

• (d) material that is from any other source and deals with technical matters and that it would be impracticable to include in, or print as part of, the regulations or standards:

• (e) the current edition of a work of reference that the Director-General or the NAIT organisation considers is accepted internationally or by an industry as a standard one to refer to on the subject matter of the particular work:

• (f) a specific edition of a work of reference that the Director-General or the NAIT organisation considers is accepted internationally or by an industry as a standard one to refer to on the subject matter of the particular work:

• (g) a register established by or under this Act.

(2) If material is incorporated by reference in regulations or standards made under this Act, Schedule 1B applies to that material.

(3) However, if the incorporated material is a New Zealand Standard (as defined in section 2 of the Standards Act 1988), that Act applies.

(1) This section applies to a NAIT animal identified at the commencement of this Act in accordance with an identification system approved under section 158 of the Animal Products Act 1999 or section 50 of the Biosecurity Act 1993.

(2) The animal may continue to be identified in accordance with the system.

(3) The animal must also be identified with a NAIT device in accordance with regulations made under this Act.

(1) The first period for which costs must be recovered after this Act has commenced (first recovery period) is the period starting on the commencement date of this section and ending at the end of the first full financial year after the commencement date.

(2) The Minister may carry out the duties in section 153(3) and (4) for the first recovery period before or after the commencement date of this section, but the regulations recommended need recover only the amount necessary to cover the direct and indirect costs of administering this Act in the first recovery period.

(1) Section 156(2) to (4) are satisfied by consultation of the kind described in those subsections carried out before their commencement.

(2) Section 164(2)(a) is satisfied by consultation of the kind described in that paragraph carried out before its commencement.

The Animal Identification Act 1993 is repealed.

The enactments specified in Schedule 2 are amended in the manner shown in that schedule.