National Animal Identification and Tracing Amendment Act 2019

1: Title
This Act is the National Animal Identification and Tracing Amendment Act 2019
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act
This Part amends the National Animal Identification and Tracing Act 2012 principal Act 2019-12-14 National Animal Identification and Tracing Act 2012
4: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 4 amended (Interpretation)
1: In section 4 public sector organisation
a: an organisation named or specified in Schedule 1 of the Ombudsmen Act 1975:
b: an organisation named in Schedule 1 of the Official Information Act 1982:
c: a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987:
d: a council-controlled organisation within the meaning of section 6 of the Local Government Act 2002 registered location
2: In section 4 PICA PICA
6: Section 9 amended (Minister may appoint 1 or more persons to perform functions or duties, or exercise powers, of NAIT organisation)
1: Before section 9(1)
1AAA: This section applies if the Minister has reasonable grounds to believe that—
a: 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; or
b: a failure by the NAIT organisation to perform a function or duty under this Act poses a risk to the integrity and effective operation of the NAIT scheme or to New Zealand’s trading reputation or economic interests.
2: In section 9(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, If this section applies,
7: New sections 9A and 9B inserted
After section 9
9A: Minister may appoint person to attend meetings of board
1: The Minister may appoint a person to perform the following functions:
a: to observe the decision-making processes and decisions of the board; and
b: to assist the board to understand Government priorities and expectations; and
c: to advise the Minister on any matters relating to the NAIT organisation.
2: Before making the appointment, the Minister must, after receiving advice from the Director-General, be satisfied that the person has the appropriate skills and expertise.
3: The person appointed may attend any meeting of the board but may not vote.
4: The board must give the person appointed sufficient notice of its meetings and copies of all documents and materials to be considered in relation to each meeting.
5: The appointment must be made on terms and conditions agreed between the Minister and the person appointed.
6: In this section, board
9B: Minister may notify Government priorities and expectations
The Minister may, by notice in writing to the NAIT organisation, state the Government’s priorities and expectations relating to the organisation’s performance of its functions and duties under this Act.
8: Section 10 amended (Functions, duties, and powers of NAIT organisation)
1: After section 10(1)﻿(a)﻿(x)﻿(C)
D: specify the measures by which the NAIT organisation’s performance of its functions and duties under this Act (including any function or duty specified under subsection (2)) will be assessed; and
E: specify how the NAIT organisation’s activities will be independently audited against those measures; and
2: Replace section 10(1)﻿(c)
c: in the event that an appointment is made under section 9(1)﻿(a) or (b), ensure that there is continuity of access to the NAIT information system (before and after the appointment) by persons entitled to access it under Part 4; and
d: arrange for its activities to be independently audited each year against the measures specified in the national operations plan; and
e: perform any function or duty that the Minister directs under subsection (2).
3: In section 10(2) other than including
4: After section 10(2)
2A: The Minister must present a direction made under subsection (2) to Parliament.
2B: The NAIT organisation must perform its function under subsection (1)﻿(c)
a: in accordance with the terms of any agreement entered into by the NAIT organisation and the Crown; or
b: if there is no agreement, in accordance with any direction of the Minister given under subsection (2).
5: After section 10(5)﻿(b)
c: must, as soon as practicable after the review is completed, provide the Minister with the findings of the review.
6: Before section 10(7)﻿(a)
aaa: have regard to the Government’s priorities and expectations notified under section 9B
9: New section 10A inserted (Additional reporting obligations)
After section 10
10A: Additional reporting obligations
1: The NAIT organisation must, for each financial year,—
a: prepare a written report accounting for how any money appropriated by the Crown has been spent in the financial year; and
b: provide the report to the Minister as soon as practicable after the end of the financial year.
2: The NAIT organisation must—
a: prepare a written report on how the NAIT organisation is addressing the Government’s priorities and expectations relating to the organisation’s performance of its functions and duties under this Act; and
b: provide the report to the Minister at the end of the financial year and at any other time at the request of the Minister.
3: The NAIT organisation must provide the Minister with the findings of the independent audit required under section 10(1)﻿(d)
10: Section 20 amended (NAIT organisation may accredit entities as information providers and entities dealing with NAIT animals)
1: In section 20(3)﻿(c) prescribed fee fee required by regulations
2: After section 20(4)
4A: The NAIT organisation may, if it thinks fit, waive the fee payable for an application, in whole or in part, or in any particular case or class of cases.
11: New section 23A inserted (NAIT organisation must provide copy of core data at Minister’s request)
After section 23
23A: NAIT organisation must provide copy of core data at Minister’s request
The NAIT organisation must, at the written request of the Minister, provide the Crown with a copy of all or part of the core data—
a: in accordance with the Minister’s specifications (if any); and
b: at no cost to the Crown.
12: Section 30 amended (Obligation to identify and register NAIT animals)
Replace section 30(2)
2: A PICA must not fit a NAIT device on an animal outside the registered location for the device.
3: A PICA must comply with any other requirements relating to NAIT devices set out in any standards issued or regulations made under this Act.
13: New section 31A inserted (Obligation on person who moves NAIT animals)
After section 31
31A: Obligation on person who moves NAIT animals
1: A person must not move a NAIT animal from a NAIT location or other location unless the animal is fitted with the prescribed NAIT device.
2: However, a transport operator or drover is exempt from the obligation in subsection (1)
a: the PICA at the location from which the NAIT animal is moved provides the transport operator or drover with a declaration that the animal has been—
i: fitted with the prescribed NAIT device; and
ii: identified and registered with the NAIT organisation in accordance with this Act; and
b: the transport operator or drover carries, or has access to, the declaration at all times while moving the animal.
14: Section 32 amended (Obligation to declare death, loss, or export)
1: In section 32(2) transitional facility port of export
2: Repeal section 32(3)
15: New section 32A and cross-heading inserted
After section 32 Certain livestock that are not NAIT animals
32A: Obligation to declare certain livestock that are not NAIT animals
1: A PICA must, on or before 31 July each year, make a declaration to the NAIT organisation of prescribed livestock under the PICA’s charge.
2: In this section, prescribed livestock
a: are not NAIT animals; and
b: are farmed or kept in captivity; and
c: are prescribed in regulations made under this Act.
16: Section 40 amended (Purposes of holding core data)
1: In section 40(c) Animal Products Act 1999, Animal Welfare Act 1999,
2: Replace section 40(f)
f: 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 the lives and welfare of animals and people:
3: In section 40(i) history location history
4: After section 40(i)
j: to respond, or assist others with duties to respond, to inquiries about theft of NAIT animals, wandering NAIT animals, or NAIT animals found dead in public places.
5: In section 40
2: For the purpose of subsection (1) emergency services
a: the services described in section 4 of the Civil Defence Emergency Management Act 2002; and
b: animal control services of local authorities or other similar services relating to animal control location history
17: Section 42 amended (Rules on holding and accessing data)
After section 42(7)﻿(b)
ba: a person authorised under section 48A
18: Section 45 amended (Determinations by administrator)
After section 45(5)﻿(e)
f: a public sector organisation.
19: Section 46 amended (Determinations by administrator or panel)
1: In section 46(8) agency or a public sector organisation
2: After section 46(11)﻿(e)
f: a public sector organisation.
20: New section 48A inserted (Authorised Ministry officers may access core data)
After section 48
48A: Authorised Ministry officers may access core data
1: The Director-General may authorise an employee or agent of the Ministry to access core data in the NAIT information system in accordance with this section.
2: A person authorised under this section may access core data in the NAIT information system without making an application under section 45 or 46 if the Director-General is satisfied that access to the data is reasonably necessary to achieve a purpose in section 40.
3: The NAIT organisation must ensure that core data is able to be accessed at any time by a person authorised under this section.
21: Section 51 amended (Relationship with other laws)
After section 51(2)
3: For the purposes of the rules of evidence, the information in a NAIT device and the manner in which the information is conveyed from the device to the NAIT information system are proved by the production of a certificate—
a: indicating the information and the manner of conveyance; and
b: signed by the administrator or a person acting under a delegation from the administrator.
22: Section 61 amended (Regulations may impose fees or charges)
After section 61(1)﻿(a)
aa: a method for calculating a fee payable under section 20(3):
23: Section 63 amended (NAIT organisation to account for levy)
After section 63(2)
3: The NAIT organisation must provide the Minister with—
a: a copy of the statements as soon as practicable after they have been prepared; and
b: the findings of the audit as soon as practicable after the audit is completed.
24: New section 76 inserted (Exemption from Act for local authorities and rangers acting under Impounding Act 1955)
After section 75
76: Exemption from Act for local authorities and rangers acting under Impounding Act 1955
This Act does not apply to any actions carried out under the Impounding Act 1955 by a local authority or a ranger appointed by the local authority.
25: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
26: Schedule 2 replaced
Replace Schedule 2 Schedule 2 Schedule 2
2: Enactments amended
27: Enactments amended
Amend the enactments specified in Schedule 3 2019-12-14 Search and Surveillance Act 2012 National Animal Identification and Tracing (Fees and Forms) Regulations 2012 National Animal Identification and Tracing (Levies) Regulations 2012 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012
28: Animal Products Regulations 2000 amended
1: This section amends the Animal Products Regulations 2000
2: After regulation 27 Schedule Schedule 4 2019-12-14 Animal Products Regulations 2000
29: National Animal Identification and Tracing (Infringement Offences) Regulations 2012 amended
1: This section amends the National Animal Identification and Tracing (Infringement Offences) Regulations 2012
2: Replace Schedules 1 2 Schedules 1 and 2 Schedule 5 2019-12-14 National Animal Identification and Tracing (Infringement Offences) Regulations 2012