Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752566361.pdf (New Zealand)
2016/112 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 Jerry Mateparae, Governor-General Order in Council At Wellington this 30th day of May 2016 Present: His Excellency the Governor-General in Council This order is made under section 100G of the Biosecurity Act 1993— (a) (b) on the advice and with the consent of the Executive Council; and on the recommendation of the Minister for Primary Industries made after being satisfied of the matters in section 100G(1) of that Act.
Contents Title Commencement Principal order Clause 2 amended (Interpretation) Clause 5 amended (Objectives of plan) Clause 7 amended (Term of plan) Clause 12C amended (Form and content of declarations) Clause 18 amended (Compensation) Clause 19 amended (Funding of plans) Clause 20 revoked (Application of funds) New Schedule inserted Schedule New Schedule inserted Page 2 2 2 2 2 2 2 3 3 4 4 5 1 cl 1 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 2016/112 1 Title Order This order is the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016.
2 (1) Commencement This order comes into force on 1 July 2016.

(2) However, clauses 9 and 11 come into force on 1 August 2016.

3 Principal order 4 (1) (2) 5 (1) (1) This order amends the Biosecurity (National Bovine Tuberculosis Pest Man- agement Plan) Order 1998 (the principal order).

Clause 2 amended (Interpretation) In clause 2(1), revoke the definition of tuberculosis vector free area.
In clause 2(1), insert in their appropriate alphabetical order: Deer Industry New Zealand means the body established as Deer Industry New Zealand under regulation 4 of the Deer Industry New Zealand Regula- tions 2004 financial year means the year ending 30 June Clause 5 amended (Objectives of plan) Replace clause 5(1) with: The plan’s primary objective is the eradication of Mycobacterium bovis (which causes bovine tuberculosis) from New Zealand by the end of the term of the plan, with the following key milestones: (a) freedom from bovine tuberculosis in cattle and deer by 30 June 2026; and (b) freedom from bovine tuberculosis in possums by 30 June 2040.
(1A) For the purposes of subclause (1), freedom from bovine tuberculosis means that the statistical likelihood of bovine tuberculosis being present in the popula- tion of the species concerned is assessed by TBfree New Zealand as being no greater than 0.0001% throughout the preceding 12-month period.

(2) In clause 5(2), replace “0.4%” with “0.2%”.

Clause 7 amended (Term of plan) In clause 7, replace “2026” with “2055”.
Clause 12C amended (Form and content of declarations) In clause 12C(1)(c)(ii), replace “2012 at 2074” with “2012, at p 2074”.

6 7 2 2016/112 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 cl 9 8 (1) Clause 18 amended (Compensation) In clause 18(1), after “head of cattle”, insert “or head of deer”.
(2) After clause 18(1)(b), insert: (c) slaughtered in any other situation where slaughter is the only permitted or practicable option for that animal as a direct result of the implementa- tion of this plan.
Replace clause 18(2) with: The amount of compensation payable is to be a percentage of the uninfected value of the animal, with the percentage payable to be determined by TBfree New Zealand based on— (a) (b) (c) whether the animal has bovine tuberculosis; and if the animal has bovine tuberculosis, whether the animal is subject to a High Risk Infected Herd Management Plan agreed between TBfree New Zealand and the herd owner; and the capacity of TBfree New Zealand to pay compensation, determined based on the amount of money available for compensation and the ex- pected number of compensation payments to be made in a financial year.
For the purposes of this clause, uninfected value of the animal means the fair market value of the animal, calculated as if the animal did not have bovine tu- berculosis, on the date of the direction for slaughter (if a direction was given under the Act) or the date of slaughter (if no direction was given under the Act), as determined by— (a) (b) DairyNZ Limited, if the animal is a beast raised for dairy farming; or Beef + Lamb New Zealand Limited, if the animal is a beast raised for beef; or (c) Deer Industry New Zealand, if the animal is a deer.
Clause 19 amended (Funding of plans) Replace clause 19(a) with: (a) subject to section 100L(5) of the Act, by a levy under section 100L(1) of the Act on— (i) cattle that are slaughtered (if the dressed weight of the cattle beast is or exceeds 40 kg); and (ii) cattle or deer that are exported live: In clause 19(c), after “Act”, insert “, if any”.

Revoke clause 19(h).
In clause 19, insert as subclause (2): The payments made for each financial year— (3) (2) (3) 9 (1) (2) (3) (4) (2) 3 cl 10 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 2016/112 (a) (b) (c) (d) from beef levies must be, in total, the amount of beef funding deter- mined in accordance with the Schedule: from dairy levies must be, in total, the amount of dairy funding deter- mined in accordance with the Schedule: from payments under subclause (1)(e) must be, in total, the amount of deer funding determined in accordance with the Schedule: from the sources in paragraphs (a) to (c) are to be, in total, 59.2% of the plan’s funding under subclause (1) for that financial year.
(3) For the purposes of this clause,— beef levies means levies in respect of beef cattle under subclause (1)(a)(i) and, for the financial year ending 30 June 2017, includes previous beef levies dairy levies means levies in respect of dairy cattle under subclause (1)(a)(i) and payments under subclause (1)(b) and, for the financial year ending 30 June 2017, includes previous dairy levies previous beef levies means payments in respect of the period starting on 1 July 2016 and ending on 31 July 2016 made under the Biosecurity (Bovine Tuber- culosis—Cattle Levy) Order 1998 and the Biosecurity (Bovine Tuberculosis— Otago Land Levy) Order 1998 that are attributed by TBfree New Zealand to beef cattle previous dairy levies means payments in respect of the period starting on 1 Ju- ly 2016 and ending on 31 July 2016 made under the Biosecurity (Bovine Tu- berculosis—Cattle Levy) Order 1998 and the Biosecurity (Bovine Tuberculo- sis—Otago Land Levy) Order 1998 that are attributed by TBfree New Zealand to dairy cattle.
10 Clause 20 revoked (Application of funds) Revoke clause 20.

11 New Schedule inserted After clause 21, insert the Schedule set out in the Schedule of this order.
4 2016/112 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 Schedule Schedule New Schedule inserted Schedule Amounts to be paid by beef, dairy, and deer industries cl 11 cl 19(2) 1 (1) Interpretation For the purposes of this schedule,— beef farm gate value, for a financial year, means the average number of beef cattle in New Zealand in a year multiplied by the average revenue per head of beef cattle beef funding means payments from beef levies (as defined in clause 19(3)) dairy farm gate value, for a financial year, means the average number of dairy cattle in New Zealand in a year multiplied by the average revenue per head of dairy cattle dairy funding means payments from dairy levies (as defined in clause 19(3)) deer farm gate value, for a financial year, means the average number of deer in New Zealand in a year multiplied by the average revenue per head of deer deer funding, for a financial year, means payments under clause 19(1)(e) for that year total funding, for a financial year, means 59.2% of the plan’s funding under clause 19(1) for that financial year.
(2) A reference to an average in subclause (1) is a reference to an average estima- ted by TBfree New Zealand.

2 Amounts to be paid for the 2016/2017 financial year For the financial year ending 30 June 2017,— (a) (b) (c) beef funding must be $9.4 million: dairy funding must be $27.98 million: deer funding must be $1.08 million.
3 Amounts to be paid for 2017/2018 and later financial years To calculate the beef funding, dairy funding, and deer funding for a financial year, perform the following calculations: (a) calculate a, b, and c as follows: a = (beef funding for previous financial year ÷ beef farm gate value for previous financial year) × beef farm gate value for financial year 5 Explanatory note Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 2016/112 b = (dairy funding for previous financial year ÷ dairy farm gate value for previous financial year) × dairy farm gate value for financial year c = (deer funding for previous financial year ÷ deer farm gate value for previous financial year) × deer farm gate value for financial year (b) then, calculate d as follows: (c) then, calculate beef funding as follows: d = a + b + c (a ÷ d) × total funding for financial year (d) then, calculate dairy funding as follows: (b ÷ d) × total funding for financial year (e) then, calculate deer funding as follows: (c ÷ d) × total funding for financial year Michael Webster, Clerk of the Executive Council.
Explanatory note This note is not part of the order, but is intended to indicate its general effect.
This order amends the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Order 1998 by— replacing the primary objective of the National Bovine Tuberculosis Pest Man- agement Plan (the plan) with the object of eradicating Mycobacterium bovis (which causes bovine tuberculosis) from New Zealand by the end of the term of the plan; and extending the term of the plan to 30 June 2055; and providing for compensation to be paid in a wider range of circumstances and for slaughtered deer; and changing the way in which compensation is calculated so as to differentiate be- tween animals that have bovine tuberculosis and animals that do not have bo- vine tuberculosis; and amending the funding arrangements to take account of the Biosecurity (Bovine Tuberculosis—Cattle and Deer Levy) Order 2016; and setting a formula to determine funding shares in respect of beef, dairy, and deer; and removing limitations on how the funds collected from the funding sources may be used to implement the plan.
• • • • • • • 6 2016/112 Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 Explanatory note This order, except for clauses 9 and 11, comes into force on 1 July 2016.

Clauses 9 and 11, which amend the funding arrangements to take account of the Biosecurity (Bovine Tuberculosis—Cattle and Deer Levy) Order 2016, come into force on 1 Au- gust 2016 (the date that order comes into force).
The funding amounts for the 2016/2017 financial year are total amounts to be paid from both the old and the new funding arrangements for that year.

Regulatory impact statement The Ministry for Primary Industries produced a regulatory impact statement on 4 No- vember 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at— • • http://www.mpi.govt.nz/law-and-policy/legal-overviews/regulatory-impact- statements http://www.treasury.govt.nz/publications/informationreleases/ris Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 June 2016.

This order is administered by the Ministry for Primary Industries.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2016 7