New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 22 December 2005
(SR 1999/393)
Michael Hardie Boys, Governor-General
At Wellington this 8th day of November 1999
Present:
His Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry of Agriculture and Forestry.
Pursuant to section 183 of the Animal Welfare Act 1999, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations may be cited as the Animal Welfare Export Certificate Regulations 1999.
These regulations come into force on 1 January 2000.
In these regulations, unless the context otherwise requires,—
the Act means the Animal Welfare Act 1999
Director-General means the chief executive of the Ministry
usual hours, in any place, means the hours between 8 am and 5 pm on any day other than Saturday, Sunday, New Year’s Day, the day after New Year’s Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, Christmas Day, Boxing Day, or the day observed in that place as Anniversary Day
veterinarian means a person for the time being registered as a veterinarian or a specialist under the Veterinarians Act 2005.
Regulation 3 veterinarian: amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
The fee required by section 42(2)(c) of the Act to accompany an application for an animal welfare export certificate is $24.
The applicant for an animal welfare export certificate must pay to the Director-General, in addition to the fee prescribed by regulation 4, the costs of the services provided by any veterinarian employed by the Ministry in carrying out work in relation to—
(a) the consideration of the application under section 43 of the Act; and
(b) the consideration of the conditions (if any) that should be imposed under section 45 of the Act; and
(c) determining, for the purposes of section 46 of the Act,—
(i) whether there has been satisfactory compliance with any conditions imposed under section 45 of the Act; or
(ii) whether satisfactory arrangements have been made for compliance with any conditions imposed under section 45 of the Act; and
(d) the issuing of the animal welfare export certificate.
The amount of any costs payable under regulation 5 is to be determined—
(a) by applying an hourly rate to the time spent by the veterinarian in providing the services including—
(i) any waiting time; and
(ii) any travelling time; and
(b) by applying a mileage allowance to the distance travelled by the veterinarian for the purpose of performing the services.
The hourly rate that applies for the purposes of regulation 6 is,—
(a) in the case of the time spent within usual hours, $96 per hour; and
(b) in the case of the time spent outside usual hours, $143.40 per hour.
(1) Subject to subclause (2), any costs required to be determined under regulation 6(a) by applying an hourly rate specified in regulation 7 are calculated by adding—
(a) one quarter of the hourly rate; and
(b) the product of—
(i) one quarter of the hourly rate; and
(ii) the number (if any) of complete periods of 15 minutes in excess of the first 15 minutes spent by the veterinarian on the matters specified in regulation 6(a); and
(c) where any time in excess of the first 15 minutes spent by the veterinarian on the matters specified in regulation 6(a) is not an exact multiple of 15 minutes, one quarter of the hourly rate.
(2) Where time in excess of the first 15 minutes is spent by the veterinarian on the matters specified in regulation 6(a), the amount of the fee prescribed by regulation 4 must be deducted from the amount of the costs calculated in accordance with subclause (1) of this regulation.
The mileage allowance that applies for the purposes of regulation 6(b) is 54 cents a kilometre.
Where the Director-General is satisfied—
(a) that the services performed do not justify the payment, or the payment in full, of 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 by any person under these regulations,—
the Director-General may waive, wholly or in part, the payment of any costs payable under these regulations; and, where all or part of those costs have already been paid, may refund to the person who paid those costs all or part of the amount paid.
The fee, and the amounts by way of costs, prescribed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 11 November 1999.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Animal Welfare Export Certificate Regulations 1999. The reprint incorporates all the amendments to the regulations as at 22 December 2005, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Veterinarians Act 2005 (2005 No 126): section 105
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