Animal Products Amendment Act 2002

1: Title
1: This Act is the Animal Products Amendment Act 2002.
2: In this Act, the Animal Products Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendment of transition date
Section 1(5) 1 November 2002 1 July 2006
4: General scheme of Act
Section 3(1)(a) individually tailored suitable
5: Interpretation
1: Section 4(1) accredited verifier accredited risk management programme verifier section 103 .
2: Section 4(1) client hunter game estate section 65B .
3: The definition of primary processor section 4(1) paragraph (b)
b: dresses mammals or birds that are killed wild animals or are killed as if they were wild animals; or .
4: The definition of primary processor section 4(1) paragraph (d) paragraph (d)(v)
d: in the case of—
i: finfish or shellfish, or animal material derived from finfish or shellfish; or
ii: a mammal or bird, or animal material derived from a mammal or bird, if in the opinion of the Minister it is appropriate that the primary processing of that mammal or bird or animal material should extend beyond the matters referred to in paragraphs (a) and (b)
iii: any other animal, or animal material derived from any other animal,— processes those animals or that animal material to the extent specified by the Minister by notice in the Gazette section 163
iv: industry practice in relation to the animal material concerned:
v: the degree of processing and number of processing operations required in relation to the animal material:
vi: the risk factors involved in processing the animal material:
vii: whether or not the processing of the animal material is or may be appropriately addressed by any legislative regime other than this Act:
viii: such other matters as the Minister considers relevant in the particular circumstances;— .
5: Section 4(1) recognised risk management programme verifying agency section 103 .
6: The definition of recreational catch section 4(1) paragraph (a) recreational activities (including a client hunter killing or catching an animal on a game estate, as if in the wild)
7: Section 4(1) regulated control scheme rendering .
8: The definition of risk factors section 4(1) ; and risk
9: The definition of verification section 4(1) verifiers persons
10: The provisions specified in the Schedule are consequentially amended in the manner indicated in that schedule.
6: Products and material excluded from ambit of Act
Section 8 subsection (2)
2: Subsection (1)(b)
7: Application of Act includes exclusive economic zone
Section 10(1) registered under the Fisheries Act 1983
8: What is a risk management programme?
1: Section 12 subsection (3)
3A: Nothing in subsection (3)
2: Section 12 subsection (4)
4A: A risk management programme may also apply to one or more comparable animal product businesses in cases where the Director-General has given approval under section 17A
9: Who must have a risk management programme?
Section 13
a: by omitting from subsection (1) develop and paragraph (a) paragraph (d)
b: by omitting from subsection (3) develop or
10: Director-General may grant limited exemption from requirement to have risk management programme
Section 14
a: by repealing subsection (3)
b: by omitting from subsection (4) (other than an exemption granted on the grounds referred to in subsection (3)
11: Certain persons may be required to have risk management programme by Order in Council
Section 15(1) develop and
12: Contents of and requirements for risk management programmes
1: Section 17(1) paragraph (b)
b: specify the name and address (including the electronic address, if available) of—
i: the operator whose programme it is; and
ii: the animal product business or businesses covered by the programme.
2: Section 17(1)(c) ; and subparagraph (ii)
iii: any other businesses to which the programme applies (if it does not apply only to the business of the person applying for registration).
13: New
section 17A The principal Act is amended by inserting, after section 17
17A: Multi-business risk management programmes
1: A registered risk management programme may apply to more than one business, if the Director-General approves.
2: The Director-General may approve one person's risk management programme applying to all or part of the business or businesses of 1 or more other persons if satisfied that—
a: the programme is appropriate to the other businesses or part-businesses, as well as to the business of the person whose programme it is; and
b: the registered operator of the programme will have sufficient control, authority, and accountability for all matters covered by the programme in relation to the other businesses or part-businesses subject to its coverage; and
c: the applicant for the approval has obtained the consent or otherwise taken into account the views of any person whose business or part-business is to be covered by the programme.
3: The approval may be given subject to conditions.
4: Application for approval under this section must be made by the operator of the risk management programme, either at the time of application for its registration under section 20 section 25(3)
14: Matters to be shown in register of risk management programmes
Section 19 paragraph (f) (or, if more appropriate, a place where the general public can obtain up-to-date information of the location and type of premises or place to which the programme applies)
15: Registration may not be transferred
Section 24 subsection (2)
2A: Nothing in this section prevents the extension of the programme to the business or part-business of another person in accordance with an approval given under section 17A
16: Matters to be shown in register of risk management programmes
Section 19(j) any amendment the most recent amendment
17: Applications for registration of programmes
Section 20(2) paragraphs (a) (b)
a: either—
i: a copy of the risk management programme (or such number of copies as may be required by the Director-General); or
ii: an outline of the contents of the risk management programme that complies with the requirements of the Director-General for such outlines; and
b: a copy of a report of an independent evaluation, carried out not more than 6 months before the date of the application for registration, of the validity of the risk management programme in terms of sections 12 and 17
18: Amendment of risk management programme
The heading to section 25 Amendment of Significant amendments to
19: Deregistration of risk management programme
Section 28(1) paragraph (c)
c: whether by reason of the passage of time, changing circumstances, or for any other reason, the risk management programme no longer ensures the fitness for intended purpose of animal product produced under the programme; or .
20: New
section 28A The principal Act is amended by inserting, after section 28
28A: Removal of business operator from coverage of wider risk management programme
1: The Director-General may at any time remove any animal product business from the coverage of a registered risk management programme that applies to 2 or more comparable businesses if the Director-General is satisfied that deregistration of the programme would be appropriate under section 28(1)
2: Subsections (2) to (7) of section 28
21: Object of
sections 32 to 34 Section 31 in producing product that is fit for intended purpose
22: Implications of failure to elect in case of animal product which is food whose export requires an official assurance
Section 33(2) plan programme
23: Object of
Part 5 Section 47 paragraph (c)
c: as a means of facilitating the above 2 aims, providing for—
i: the registration of exporters of animal products intended for human or animal consumption, and exporters of certain other animal material or products; and
ii: the setting of general requirements relating to animal material and products intended for export.
24: Matters to be shown in register of exporters
Section 53 paragraph (b)
b: the date of registration and the date of expiry of that registration:
ba: the date of any deregistration under section 58
25: Deregistration of exporters
Section 58(4) subsection (2)(c) subsection (2)(b)
26: New
section 59A The principal Act is amended by inserting, immediately before section 60
59A: Director-General to notify general requirements for animal product or material for export
1: The Director-General may, by notice under section 167
a: necessary or desirable for the purpose of facilitating access to overseas markets, or to maintain consistency with any standards, requirements, or recommended practices that apply or are acceptable internationally; and
b: in the national interest.
2: Without limiting the generality of subsection (1)
a: material and product packaging, labelling, and branding:
b: the use of seals on cartons and containers, and other restraints on material or product:
c: conveyances and equipment:
d: the condition in which material or product is stored, held, or contained:
e: the handling of categories of animal materials and products with special risk characteristics:
f: requirements relating to the preparation of animals for live export.
27: Obtaining of official assurance
Section 63(1) such information and pay such fee (if any) as is prescribed by regulations under this Act or specified by the Director-General by notice under section 167 any information required by the Director-General and pay any relevant fee
28: Official assurance may be withdrawn, and reissued
Section 64(2) Director-General or other authorised person
29: New
Part 5A The principal Act is amended by inserting, after section 65
5A: Game estates
65A: Object of this Part
1: The main object of this Part is to facilitate the tracing of any animal material or product intended for human or animal consumption that is derived from animals from game estates, thus helping to ensure proper treatment of the animal material or product.
2: This is achieved by requiring the listing of game estates from which edible parts of game estate animals are removed (while leaving unaffected the ability to dispose of skins, hides, horns, antlers, or other material that is not for human or animal consumption).
65B: What is a game estate?
A game estate is a place within which animals are kept (whether all of the time or only some of the time), as if in the wild, for the purpose of providing opportunities for persons to hunt or catch them as recreational catch as if in the wild, being animals of a species, kind, or description specified for the purposes of this section by notice under section 167
65C: Use and disposal of animal material and product from game estate animals
1: A client hunter may kill or process a game estate animal himself or herself (either on the game estate or on the client hunter's own property), or have it processed by a listed homekill or recreational catch service provider, in accordance with section 68
2: A game estate operator may dress and process a game estate animal for a client hunter only if the operator is a listed homekill or recreational catch service provider, except as provided in subsection (3)
3: Nothing in Part 6 subsection (2) of this section
a: the operator only carries out limited processing, such as removing trophy heads or skinning killed animals; or
b: the only processing carried out by the operator (beside any limited processing referred to in paragraph (a)
4: A game estate operator may also—
a: in accordance with section 67
b: sell or otherwise dispose of any parts of a game estate animal (including such things as skins, hides, and trophy heads) from the operator's estate, by whomever caught or killed or processed, that are not for human or animal consumption:
c: sell or dispose of any parts of such an animal to a renderer in accordance with any conditions imposed by the Director-General by notice under section 167
5: A game estate operator who is listed under this Part may also present killed game estate animals for primary processing in accordance with Parts 2 to 4
65D: Game estates that must be listed
A game estate must be listed under this Part if—
a: any edible parts of game estate animals killed by client hunters on the game estate are allowed by the operator to be removed by the client hunters (except to the extent they are intended for use as trophies); or
b: the operator wishes to supply game estate animal material for processing in accordance with Parts 2 to 4
65E: Director-General to maintain list of game estates
1: The Director-General must keep and maintain a list of all game estates to which section 65D
2: The purpose of the list is—
a: to enable members of the public to know—
i: what places are listed game estates for the purposes of this Act; and
ii: who is recognised by law as authorised to operate a listed game estate for the purposes of this Act; and
b: to facilitate the compliance, audit, and other functions of the Ministry as the agency with regulatory functions under this Act.
3: The Director-General must—
a: keep the list open for public inspection, without fee, during ordinary office hours at the head office of the Ministry and at such other places as the Director-General determines; and
b: supply to any person copies of all or part of the list on request and payment of a reasonable charge for the production of the copy.
4: The list may be kept in such manner as the Director-General thinks fit.
65F: Matters to be shown in list of game estates
The list of game estates must contain the following particulars in relation to each game estate:
a: the name and address (including the electronic address, if available) of the game estate operator:
b: the address or location of the place comprising the game estate:
c: the species or kinds of game estate animal available for hunting:
d: the date on which the game estate was listed:
e: such other particulars as may be prescribed by notice or regulations under this Act.
65G: Applications for listing
A person who wishes to operate a listed game estate must apply to the Director-General in a manner approved by the Director-General for listing as a game estate.
65H: Listing as game estate
1: On receipt of a properly made application accompanied by the prescribed fee (if any), the Director-General must list the applicant's operation as a game estate if satisfied that—
a: the operation is a game estate to which section 65D
b: having regard to the objects and requirements of this Act, there is no good reason why the operation should not be listed as a game estate.
2: Where the Director-General determines to list an applicant's operation as a game estate, the Director-General must—
a: include the applicant and the applicant's game estate operation on the list of game estates; and
b: notify the applicant in writing accordingly.
65I: Refusal to list
If the Director-General determines to refuse to list an applicant's operation as a game estate, the Director-General must, as soon as practicable, notify the applicant in writing of—
a: the decision; and
b: the reasons for the decision, and the facts or assumptions on which it is based.
65J: Delisting
1: The Director-General may remove any game estate from the list if—
a: the listed operator so requests; or
b: the Director-General is satisfied that the criteria referred to in section 65H
c: any failure to pay the listing fee (if any) by the due date has persisted for more than 30 days.
2: Before delisting a game estate on any of the grounds referred to in subsection (1)(b) and (c)
a: notify the game estate operator in writing of his or her intention; and
b: give the person a reasonable opportunity, within the time specified in the written notice, to explain why the game estate should not be delisted, or to pay the unpaid fee.
3: The delisting of a game estate under this section does not affect the right of a person to make a further application for listing under section 65G
65K: Review of decision to refuse to list, or to delist
If a person acting under the delegated authority of the Director-General refuses an application to list an operation as a game estate, or delists a game estate, the person aggrieved by the decision may seek a review of the decision under section 162
65L: Listing fee payable
Every operator of a listed game estate is liable to pay, either annually or at such greater intervals as may be prescribed, the prescribed fee (if any) in respect of the continued listing of the game estate.
30: Homekill allowed
1: Section 67 subsection (1)
1: Nothing in this Act prevents an animal owner from—
a: killing or processing the animal himself or herself on his or her own property; or
b: in the case of an animal owner who has been actively engaged in the day-to-day maintenance of the animal, or of other animals of the same kind, for a period of at least 28 days immediately preceding the killing of the animal, having the animal killed or processed, otherwise than in accordance with Parts 2 to 4 so long as the resulting homekill product is for the use or consumption of the animal owner (including his or her family or household), and not for trade; and Parts 2 to 4
2: Section 67(2) paragraph (b)
b: the edible part of the homekill product is for the use or consumption of the owner (or the owner's family, household, or farm employee), and the only parts of the homekill product that are traded—
i: are not for human or animal consumption; or
ii: are sold or disposed of to a renderer in accordance with any conditions imposed by the Director-General by notice under section 167
31: Processing of recreational catch
Section 68(2) paragraph (b)
b: the only parts of the recreational catch product that are traded—
i: are not for human or animal consumption; or
ii: are sold or disposed of to a renderer in accordance with any conditions imposed by the Director-General by notice under section 167
32: Homekill and recreational catch service providers
Section 69
3: Nothing in section 131(2)(c) paragraphs (a) to (c) of subsection (1)
a: is skins, hides, horns, antlers, or other material that is not for human or animal consumption; or
b: is sold or disposed of to a renderer in accordance with any conditions imposed by the Director-General by notice under section 167
33: New
section 70 The principal Act is amended by repealing section 70
70: Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place
1: Except as provided in subsection (2)
a: homekill or recreational catch processing operations; and
b: the processing of, or trade in, any regulated animal product for human or animal consumption.
2: Subsection (1)
a: retail butchers acting in accordance with section 71
b: persons who are in the business of providing meals containing or consisting of regulated animal product, to the extent only that those persons also prepare and serve recreational catch as a meal to its catcher and members of the catcher's party; or
c: game estate operators who are in the business of providing meals containing or consisting of regulated product to client hunters and their parties, to the extent that they also prepare and serve a client hunter's recreational catch as a meal to the client hunter and members of the client hunter's party; or
d: listed game estate operators who are also listed homekill or recreational catch service providers, to the extent that they perform homekill or recreational catch services—
i: to client hunters in respect of animals taken by the client hunters; or
ii: in respect of animals owned by the game estate operator that are to be processed and consumed by the game estate operator (including the operator's family, household, or employees).
34: Requirements for dual operator butchers
Section 71(1) paragraph (b)
ba: regulated animal product must be processed and stored separately from any homekill or recreational catch animal material or product:.
35: Appointment of official assessors
Section 79(2) State-Owned Enterprises Act 1986 or within a Crown entity as defined in the Public Finance Act 1989
36: New
sections 81A 81B The principal Act is amended by inserting, after section 81
81A: Director-General may require declarations as to supply or movement of animals, animal material, or animal products
1: The Director-General may, by notice under section 167
a: there is to be a change of ownership in the animal, animal material, or animal product concerned; or
b: the animal, animal material, or animal product is to be moved to a new premises, property, or place.
2: The notice may require the declaration to contain all or any of the following information:
a: matters relating to the management of the animal from date of birth (if appropriate):
b: matters relating to the history of the animal, animal material, or animal product, including, where appropriate,—
i: identification or details of any owner or previous owner of the animal or animal material, or any person who presented or supplied the animal or animal material to the person required to make the declaration:
ii: identification or details of the area or place where the animal was kept or was taken, harvested, or procured, and any surrounding area or place that the animal may have had access to:
c: matters relating to treatments or applications applied to the animal or to which the animal has been exposed by way of veterinary medicines or agricultural compounds:
d: information relating to the feeding of the animal:
e: information relating to the possible exposure of the animal or animal material or product to hazards:
f: information relating to any movement or related controls imposed in respect of the animal, animal material, or animal product:
g: the status of the animal, animal material, or animal product in relation to any testing performed:
h: the place the animal, animal material, or animal product is being moved from, the place it is being moved to, and any previous place it has been moved from:
i: matters relating to the transport or movement of the animal or animal material or animal product:
j: in the case of animal material taken by a hunter or client hunter or game estate operator, the place where the animal was killed or caught and the place the animal material is being sent to:
k: the existing and new owner of the animal, animal material, or animal product:
l: any other matter necessary or relevant to establishing the suitability of the animal or animal material for processing for human or animal consumption.
3: The notice may require the declaration—
a: to accompany the animal, animal material, or animal product, or be provided to the recipient or new owner of the animal, animal material, or animal product by post, fax, email, or other appropriate means:
b: to be kept by all or any of the supplier, recipient, or new owner of the animal, animal material, or animal product for a period of up to 4 years.
4: In considering whether to require declarations under this section, the Director-General must have regard to the following matters:
a: the need to protect the health of consumers and users of animal material and animal products:
b: the desirability of facilitating market access for animals, animal material, and animal products:
c: the desirability of maintaining consistency between New Zealand animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally.
81B: Director-General may impose movement and related controls
1: The Director-General may, by notice to the owner, operator, or person in control (or reasonably appearing to be in control) of any animal, animal material, or animal product business concerned, impose or provide for the imposition of movement or related controls in accordance with this section if the Director-General has reasonable ground to suspect the existence of a hazard or source of contamination (a risk source) that may affect animals or animal material that may be processed for human or animal consumption.
2: The notice must specify the particular risk source, whether by reference to—
a: a place or area (where, for instance, there may be contamination from the land or the environment); or
b: a particular person or animal product business, or an identified class of persons or animal product businesses (where, for instance, the contamination may be from human intervention or omission); or
c: an animal or any animal material, or any identified group of animals or class of animal material (where, for instance, the contamination may be transmissible); or
d: any other appropriate thing or circumstance.
3: The movement or related controls—
a: may be imposed in relation to any animals, animal material, place or area, activity, animal product business, or associated thing that—
i: is suspected to be the risk source; or
ii: may be affected by the risk source:
b: must be of a nature directed at minimising the risk to humans or animals of detrimental effects.
4: Without limiting the generality of subsection (3)
a: restrict, apply conditions to, or prohibit the movement, trade in, or presentation for processing of any animal or animal material, or any class of animal or animal material, that is suspected of being contaminated:
b: contain directions that specified actions in relation to the risk source, or the animals or animal material that may be affected by it, are to be taken to minimise the risk of harm to humans and animals, including—
i: isolation of the animals, animal material, or place concerned:
ii: the confining, detention, storage, or treatment of animals, animal material, or things that have been in contact with or exposed to the risk source or contaminated animals or animal material:
iii: forms of intervention in the possible trade in contaminated animals or animal material, or animals or animal material or products exposed to the risk source or to animals or animal material suspected of being contaminated:
iv: sampling, testing, or analysis to be undertaken by the owner or person in charge of the property, place, animals, animal material, or animal product business, or by any other person, to the extent reasonable and necessary or desirable to determine the contamination status of the relevant property, place, animals, material, or business.
5: A notice under this section may—
a: direct the keeping of records or documentation in respect of any matters the subject of the notice:
b: include a requirement for the recipient of the notice to notify the Director-General when all or any of the risk source is disposed of.
6: The notice continues in force until revoked, or until such earlier time as is specified in the notice.
7: A notice may at any time be amended or revoked in the same manner as that in which it was issued.
8: Section 164(2) to (4)
a: they were notices of a kind listed in section 167
b: section 164(3) section 164(2)
9: For the purposes of this section,—
a: the Director-General may approve systems for particular notices to be issued automatically on the occurring of a particular event or set of circumstances that indicates the likelihood of a particular risk source arising and the need for measures that will minimise the risk; and
b: any notices so issued are deemed to be issued by the Director-General under this section.
37: Power of entry
1: Section 87(1)(b) food kind of goods
2: Section 87
6: A person called on to assist an animal product officer under section 88(3)
38: Power to condemn and require disposal of animal products that are diseased, contaminated, etc
1: Section 90 subsection (2)
2A: An animal product officer may require the reclassification of any animal product of a kind referred to in subsection (1)(a)
a: take all appropriate steps to give effect to the reclassification; or
b: destroy or otherwise dispose of or rectify the product to the satisfaction of the officer, if the owner or person does not take those appropriate steps.
2: Section 90(5) subsection (2) or subsection (2A)
39: Methods of cost recovery
Section 114(b) scale or formula
40: Cost recovery to relate generally to a financial year
Section 115(2) reduced or removed (or restated without substantive alteration)
41: Fees and charges to be prescribed by regulations
Section 117 subsection (4)
4A: Where regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notified for those components by the Director-General under section 167
42: Presenting non-complying animal material for processing
Section 129(1) for sale or processing
43: Offences in relation to homekill and recreational catch
1: Section 131(2) paragraph (a)
ab: operates a property as a game estate of a kind that section 65D Part 5A section 65H .
2: Section 131(2) paragraph (b)
ba: being the owner of an animal who has not been engaged in its day-to-day maintenance, or the day-to-day maintenance of other animals of the same kind, for a period of at least 28 days immediately preceding its killing, kills and processes that animal at any place other than his or her own property (as defined in section 67(4)
bb: provides facilities for any person to kill or process an animal for human or animal consumption, otherwise than in accordance with Parts 2 to 4
i: the person providing the facilities is a game estate operator or the owner of the place where the animal is taken or landed as recreational catch; or
ii: the facilities are provided for humane purposes; or
bc: being a dual operator butcher, kills an animal that is homekill or recreational catch at any premises or place where regulated animal product is processed or traded; or.
3: Section 131(2)(c) Parts 2 to 4 (except as permitted by sections 67(2)(b)(ii), 68(2)(b)(ii), and 69
4: Section 131(2)(d) , or of other animals of the same kind, for a period of at least 28 days immediately preceding the presentation of the animal
44: Identification systems and devices
Section 158(1)(d) or devices
45: Right of review of certain decisions made under delegated authority
1: Section 162(1) paragraph (b)
b: a decision to suspend all or any operations under a risk management programme under section 27 section 28 section 28A .
2: Section 162(1)
g: a decision to refuse to list an operation as a game estate under section 65I section 65J
46: New
section 165A The principal Act is amended by inserting, after section 165
165A: Directions, etc, to non-Ministry persons with functions under Act
1: This section applies in the case where the Director-General wishes to issue any notice, direction, or instruction or otherwise communicate any requirement (a notification relevant person
a: has functions for the purposes of the administration of this Act, whether as an accredited person, recognised agency, official assessor, or otherwise; and
b: is a person or body who is not a Ministry employee or officer or group of Ministry employees or officers.
2: Where the Director-General wishes to issue a notification to a relevant person, the Director-General may issue that notification—
a: to the relevant person directly; or
b: to the relevant person's employer.
3: If the notification is issued to the relevant person directly, the Director-General must also, within a reasonable time, supply a copy of it to the relevant person's employer.
4: If the notification is issued to the relevant person's employer,—
a: the notification must clearly identify the relevant person or class of relevant persons the notification is intended for; and
b: it is deemed to have been given to the relevant person or persons if given within a reasonable time before the notification is required to be acted upon; and
c: the employer is under a duty to inform the relevant person, or all persons of the relevant class, of the content of the notification as soon as reasonably practicable having regard to the tenor of the notification.
5: For the purposes of subsections (3) and (4) within a reasonable time
a: within 7 days; or
b: within such greater or lesser period, or at such greater or lesser intervals in relation to groups of notifications, as may have been generally agreed between the Director-General and the employer, or notified by the Director-General to the employer, in respect of notifications of that kind.
6: In this section, employer
a: a director, partner, secretary, or other officer or official of a company or other body of which the relevant person is an employee:
b: a company or other body to whom the relevant person is contracted in relation to the person's functions for the purposes of this Act.
47: Regulations
Section 166(1) paragraph (k)
ka: prescribing procedures and requirements for the listing of game estates: .
48: Notices
1: Section 167(1) paragraph (b)
ba: specifying for the purposes of section 24(3) .
2: Section 167(1) paragraph (j)
ja: specifying under section 59A .
3: Section 167(1) paragraph (l)
la: specifying species, kinds, or description of animals to be treated as game estate for the purposes of section 65B
lb: specifying other particulars to be shown in the register of game estates kept under section 65F
lc: for the purposes of sections 67(2), 68(2), and 69(3)
ld: requiring the making of declarations under section 81A .
4: Section 167(1) paragraph (m)
ma: specifying the value to be attributed to any component of a formula of a kind referred to in section 117(4A) .
5: Section 167
3: A notice under subsection (1)(ma)
a: is to be treated as a regulation for the purposes of the Regulations (Disallowance) Act 1989
b: is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
49: Repeals, amendments, and transitional provisions appear in
Animal Products (Ancillary and Transitional Provisions) Act 1999 Section 169(1) paragraph (a) (d) 1 November 2002 1 July 2006


1: Title
1: This Act is the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002.
2: In this Act, the Animal Products (Ancillary and Transitional Provisions) Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Long Title amended
The Long Title of the principal Act is amended—
a: by omitting from paragraph (a) 1 November 2002 1 July 2006
b: by omitting from paragraph (d) 3-year period to 1 November 2002 period to 1 July 2006
4: General outline of this Act
1: Section 2(a) 1 November 2002 1 July 2006
2: Section 2(d) subparagraph (iii)
iii: provision of a staggered transitional period, ending with 30 June 2006, during which different classes of existing animal product businesses must register risk management programmes (subject to certain exceptions): .
5: Continued application of requirements of existing regimes
Section 3 1 November 2002 1 July 2006
6: Repeal of
Meat Act 1981 Section 5
a: by omitting from the section heading the expression 1 November 2002 1 July 2006
b: by omitting from both subsection (1) (2) 1 November 2002 1 July 2006
7: New
sections 9 10 The principal Act is amended by repealing sections 9 10
9: Existing businesses to register risk management programme by relevant staggered transition date
1: Except as provided in section 12 of this Act Animal Products Act 1999
a: 1 July 2003, in the case of operations other than rendering carried out by—
i: the licensed processors listed in Part 1 of Schedule 3A
ii: the licensed processors listed in Part 2 of Schedule 3A
iii: the licensed processors listed in Part 3 of Schedule 3A
b: 1 July 2004, in the case of operations carried out by—
i: all remaining businesses licensed under any of sections 15, 16, 18, 19, and 22 of the Meat Act 1981 Schedule 3B paragraph (a)
ii: all primary processors of ostriches, emus, and possums; and
iii: all renderers licensed under section 20(1)(b) of the Meat Act 1981
iv: all poultry meat primary processors; and
v: all egg processors who, as producers, are subject to paying a levy under the Commodity Levies (Eggs) Order 1999 (SR 1999/56)
c: 1 July 2005, in the case of operations carried out by—
i: all primary producers of eggs to whom paragraph (b)(v)
ii: all dual operator butchers; and
iii: all petfood processors licensed under section 20(1)(b) of the Meat Act 1981
iv: all processors of byproducts licensed under section 20(1)(c) of the Meat Act 1981
d: 1 July 2006, in the case of all other existing animal product businesses (including those specified in Schedule 3B
2: The processors, licensees, and business specified in Schedules 3A and 3B
3: Despite subsection (1) Part 2 of the Animal Products Act 1999
a: Part 2 of the Animal Products Act 1999
b: those operations must continue to be carried out in accordance with Part 2 of the Animal Products Act 1999
10: Application for registration should be made at least 3 months before relevant transition date
1: Where an existing animal product business has applied for registration of a risk management programme at least 3 months before the relevant transition date fixed for that business under section 9
2: Nothing in subsection (1)
a: the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.
8: Persons who may issue official assurances during transitional period
Section 19 subsection (1)(a) (2) 1 November 2002 1 July 2003
9: New
section 19A The principal Act is amended by inserting, after section 19 Game estates
19A: Game estates must list within 6-month transitional period
Nothing in the Animal Products Act 1999
a: a game estate to be listed as such under Part 5A of that Act
b: a game estate operator to be listed as a homekill or recreational catch service provider under Part 6 of that Act until the expiry of the period of 6 months commencing on the date of commencement of the Animal Products Amendment Act 2002 Animal Products Act 1999 Part 5A or Part 6 of that Act
10: Dual operator butchers
Section 21(a) 1 November 2002 1 July 2005
11: Part 3A of Meat Act 1981 Section 23(1) 31 October 2002 30 June 2006
12: Avoidance of application of 2 separate cost recovery regimes in respect of single plant
Section 24(8) paragraph (b)
b: on the relevant transition date fixed under section 9 .
13: Regulations in respect of transitional matters
1: Section 25(1) 31 October 2002 30 June 2006
2: Section 25(3) paragraph (a)
a: apply at any time during the transitional period ending with the close of 30 June 2006: .
14: Standardisation of requirements under different Acts during transitional period
Section 27(a) 3-year transitional period ending with 31 October 2002 transitional period ending with 30 June 2006
15: Records under
Meat Act 1981 Section 28 3-year transitional period ending with 31 October 2002 transitional period ending with 30 June 2006
16: New
section 29A
1: The principal Act is amended by inserting, after section 29
29A: Non-Ministry personnel acting as inspectors under
Meat Act 1981 Where any person who is not an employee or officer of the Ministry is for any purpose treated as or deemed to be an inspector appointed under the Meat Act 1981 regulation 4(2)(b) of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 Animal Products Act 1999
a: that person is not for that reason to be treated as an employee of the Ministry, and the Crown is not liable as employer of that person for any act or omission of the person in relation to the purposes for which the person is treated as or deemed to be an inspector; and
b: any liability of the person's actual employer in their capacity as employer of the person is unaffected.
2: This section is deemed to have come into force on 20 November 2000.
3: This section does not apply for the purposes of any legal proceedings commenced before 18 December 2001.
17: Part 4 The heading to Part 4 1 November 2002 1 July 2006
18: Expiry of
Part 5 Section 74 1 November 2002 1 July 2006
19: Schedule 1 The heading of Schedule 1 1 November 2002 1 July 2006
20: New
Schedules 3A 3B The principal Act is amended by inserting, after Schedule 3 Schedules 3A 3B Amendment to
Meat Act 1981
21: Lapse of remaining licences on repeal of this Act
Section 43AC of the Meat Act 1981 1 November 2002 the close of 30 June 2006


1: Title
1: This Act is the Customs and Excise Amendment Act (No 2) 2002.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
1: Sections 6 7 14 15 16 19
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Interpretation
1: Section 2(1) duty electronic publication
2: Section 2(1) importation importation
a: in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand; and
b: in relation to electronic publications referred to in section 54(1)(aa)
3: Section 2(1) manufacture manufacture Third Schedule
a: if the goods are tobacco, the process of cutting, pressing, grinding, crushing, or rubbing raw or leaf tobacco, or otherwise preparing raw or leaf tobacco or manufactured or partially manufactured tobacco, and of making cigarettes whether from duty-paid or from non-duty-paid tobacco, and of putting up for use or consumption scraps, waste, chippings, stems, or deposits of tobacco resulting from processing tobacco:
b: if the goods are a fuel, any operation, or process, involved in the production of the goods:
c: if the goods are neither tobacco nor a fuel,—
i: any operation, or process, involved in the production of the goods; and
ii: any ancillary process (as defined in subsection (3) Sale of Liquor Act 1989
4: Section 2
3: For the purposes of paragraph (c)(ii) manufacture subsection (1) ancillary process Third Schedule
a: filtering the goods, diluting the goods, or blending the goods with other goods (whether the other goods are the same as, similar to, or different from, the goods):
b: putting the goods for the first time into a container (for example, a bag, barrel, bottle, can, cask, drum, or keg) in which they might be presented, or from which they might be dispensed, for sale to the public or any member of the public:
c: labelling or marking, for the first time, containers filled with the goods.
4: New section 40A inserted
The principal Act is amended by inserting, after section 40
40A: Fees and charges relating to importation of goods
1: Without limiting the power to make regulations under section 287 section 287(1)(a)
2: The provisions of Part VIII subsection (1)
3: Before making a recommendation under subsection (1)
4: For the purposes of subsection (3)
5: A failure to comply with subsection (3) subsection (1)
5: Prohibited imports
1: Section 54(1) paragraph (a)
aa: any electronic publication that is objectionable within the meaning of the Films, Videos, and Publications Classification Act 1993
2: Section 54 subsection (1)
1A: Electronic publications the importation of which is prohibited by subsection (1)(aa) section 12 of the Goods and Services Tax Act 1985 section 1(3) of that Act
6: Entry of excisable goods
Section 70(1A)(b) manufacturer owner
7: Regulations relating to entry of excisable goods
Section 71(aa) manufacturer owner
8: Indexation of rates of excise duty and excise-equivalent duty on alcoholic beverages and tobacco products
The definition of alcoholic beverages section 79(4)
a: by inserting, before the expression 21.06 21.05,
b: by inserting, before the expression 99.35, 99.05, 99.06,
9: Imposition of penalty
Section 128 subsection (1)
1AA: In this Part, entry section 40(d) section 39(1)
10: Questioning persons
Section 145 subsection (2)
2: A Customs officer may question a person to whom this section applies as to any 1 or more of the following matters:
a: whether or not that person has or has had in that person's possession any dutiable, prohibited, uncustomed, or forfeited goods:
b: the nature, origin, value, ownership, or intended destination of any goods of that kind:
c: whether, under this Act, any debt (for example, in respect of any duty, duty refunded in error, recovery of the drawback of any duty, or penalty) is due to the Crown and payable by the person, or by a company, trust, partnership, or other enterprise of which that person is or was a director, manager, secretary, officer, or agent:
d: the nature and extent of the debt (if any) of that kind.
11: New sections 149 to 149D substituted
The principal Act is amended by repealing section 149
149: Persons to whom sections 149A and 149B(1) apply
Sections 149A and 149B(1)
a: a person on board a craft that has arrived in, or is departing from, New Zealand; or
b: a person in the process of disembarking from, or embarking on to, a craft described in paragraph (a)
c: a person who, having entered into New Zealand at a Customs place, remains in that Customs place.
149A: Preliminary search of persons by use of aids
1: A Customs officer or member of the police may conduct a preliminary search of a person to whom this section applies, and may detain that person for the purposes of conducting that preliminary search.
2: A preliminary search
a: involves little or no physical contact between the person conducting the search and the person being searched; and
b: is conducted by using an aid or aids such as a dog, or a chemical substance, or a mechanical, electrical, x-ray, imaging, or electronic device, or other similar aid, but not by any more invasive means.
3: If, after a preliminary search under subsection (1) section 149B(1)(a), (b), or (c), sections 149B to 149D
149B: Searching of persons if reasonable cause to suspect items hidden
1: A Customs officer or a member of the police may cause to be detained and searched a person to whom this subsection applies if the officer or member has reasonable cause to suspect that the person has hidden on or about his or her person—
a: any dutiable, uncustomed, prohibited, or forfeited goods; or
b: evidence relating to any such goods; or
c: any thing that is or might be evidence of the contravention or possible contravention of this Act.
2: A Customs officer or a member of the police may also cause a person to be detained and searched if the officer or member has reasonable cause to believe that the person—
a: either—
i: has, within the preceding 24 hours, arrived in New Zealand at a place other than a Customs place; or
ii: is about to depart from New Zealand from any place other than a Customs place; and
b: has hidden on or about his or her person any thing described in subsection (1)(a), (b), or (c)
3: A Customs officer or member of the police may also cause a person to be detained and searched if the officer or member has reasonable cause to believe that the person—
a: is not a person described in subsection (2) or section 149
b: is in a Customs place; and
c: has hidden on or about his or her person any thing described in subsection (1)(a), (b), or (c)
4: Reasonable force may be used if it is necessary for either or both of the following purposes:
a: to detain the person:
b: to search the person.
5: If a person is detained under subsection (1) or subsection (2) or subsection (3)
6: Any Customs officer or member of the police who searches a person under this section may require any person that the officer or member thinks necessary to assist him or her.
7: A search of a person may be conducted under this section whether or not that person has earlier been the subject of a preliminary search under section 149A
149C: Seizure of items found
1: A Customs officer or member of the police may seize any thing found on or about a person when carrying out a search under section 149B(1), (2), or (3) section 149B(1)(a), (b), or (c)
2: Reasonable force may be used if it is necessary to seize the thing.
149D: Rights of persons detained under section 149B
1: A person detained under section 149B(1), (2), or (3) reviewer
2: If a person detained under section 149B(1), (2), or (3) subsection (1)
3: The reviewer before whom the person is taken may,—
a: in the case of a person detained under section 149B(1)
i: if it appears to the reviewer that there is reasonable cause to suspect that the person has hidden on or about his or her person any thing described in section 149B(1)(a), (b), or (c)
ii: if it does not appear to the reviewer that there is reasonable cause to suspect that the person has hidden on or about his or her person any thing described in section 149B(1)(a), (b), or (c)
b: in the case of a person detained under section 149B(2) or (3)
i: if it appears to the reviewer that there is reasonable cause to believe that the person has hidden on or about his or her person any thing described in section 149B(1)(a), (b), or (c)
ii: if it does not appear to the reviewer that there is reasonable cause to believe that the person has hidden on or about his or her person any thing described in section 149B(1)(a), (b), or (c)
12: New section 152 substituted
The principal Act is amended by repealing section 152
152: Examination of goods no longer subject to control of Customs
1: This section applies to goods that have ceased to be subject to the control of the Customs but that the Chief Executive has reasonable grounds to suspect are—
a: goods in respect of which an offence against this Act has been committed; or
b: goods that are forfeited to the Crown under section 225
2: The Chief Executive may require a person who has, or who the Chief Executive believes has, possession or control of the goods to produce them for inspection by a Customs officer.
3: A Customs officer may exercise in respect of the goods all the powers given by section 151
4: A Customs officer may take and retain possession of goods produced under subsection (2) subsection (3)
a: are goods in respect of which an offence against this Act has been committed; or
b: are goods that are forfeited to the Crown under section 225 1966 No 19 s 204(1), (2)
13: New section 161 substituted
The principal Act is amended by repealing section 161
161: Further powers in relation to documents
1: The Chief Executive may, by notice in writing, require a person, as and when specified in the notice,—
a: to produce for inspection by a specified Customs officer documents or records that the Chief Executive considers necessary or relevant to—
i: an investigation under this Act; or
ii: an audit under this Act; or
iii: the recovery of a debt due and payable to the Crown under this Act:
b: to allow the specified Customs officer to take extracts from, or make copies of, documents or records of the kind referred to in paragraph (a)
c: to appear before a specified Customs officer and answer all questions put to the person concerning—
i: goods, or transactions relating to those goods, that are the subject of the investigation or audit, or that are relevant to the recovery of the debt, referred to in paragraph (a)
ii: documents or records of the kind referred to in paragraph (a)
2: In this section, person section 47B or section 47C of the Evidence Act 1908 1966 No 19 s 218(2)
14: Search warrants
Section 167 subsection (1)
1: A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar (not being a constable) may issue a search warrant in the prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath, that there are reasonable grounds to believe that there is, in or on any place or thing,—
a: any thing that there are reasonable grounds to believe may be evidence of—
i: the commission of an offence against this Act or regulations made under this Act; or
ii: the unlawful exportation or importation of goods; or
b: any thing that there are reasonable grounds to believe is intended to be used for the purpose of—
i: committing an offence against this Act or regulations made under this Act; or
ii: unlawfully exporting or importing goods; or
c: any thing that is liable to seizure under this Act.
15: Entry and search under warrant
Section 168 subsections (3) (4)
3: Every search warrant authorises the officer executing it—
a: to detain a person who is at the place referred to in the warrant when the officer arrives at that place, or who arrives at that place when the officer is executing the warrant, until the officer is satisfied that the person is not connected with the thing referred to in the warrant; and
b: to search a person who is at the place referred to in the warrant when the officer arrives at that place, or who arrives at that place while the officer is executing the warrant if, at any time while executing the warrant, the officer reasonably believes that the thing referred to in the warrant may be on the person's body.
3A: A person who is at the place referred to in the warrant when the officer executing the warrant arrives at that place, or who arrives at that place while the officer is executing the warrant, must remain at that place until the earlier of the following events:
a: the search of that place is completed; or
b: the officer, being satisfied that the person is not connected with the thing referred to in the warrant, permits the person to leave.
3B: A person who is being searched under subsection (3)(b)
3C: A Customs officer or member of the police who has reasonable grounds to suspect that a person has refused or failed to comply with subsection (3A) or subsection (3B) section 174(1)
3D: No person may be detained under subsection (3)(a) or (b)
4: Reasonable force may be used if it is necessary for either or both of the following purposes:
a: to detain a person under subsection (3)(a)
b: to search a person under subsection (3)(b)
16: Arrest of offenders
Section 174(1) 176 or section 188A
17: New section 175A inserted
The principal Act is amended by inserting, after section 175
175A: Detention of dangerous goods
1: A Customs officer may detain goods that he or she finds in the course of exercising any power of search or examination under this Act, if he or she believes on reasonable grounds that the goods—
a: are dangerous goods that may not be lawfully carried on an aircraft; and
b: are proposed to be carried by an operator.
2: If a Customs officer detains goods under subsection (1)
3: Once goods have been delivered under subsection (2)
4: In this section,— Aviation Security Service section 2 of the Civil Aviation Act 1990 dangerous goods section 2 of the Civil Aviation Act 1990 operator section 2 of the Civil Aviation Act 1990
18: Failure to produce or account for goods
Section 187(1)
a: by omitting the expression 152 152(2)
b: by omitting the words of this Act
19: New section 188A inserted
The principal Act is amended by inserting, after section 188
188A: Failure or refusal to remain at place
1: A person commits an offence who—
a: fails or refuses to remain at the place that is being searched under section 168(1)(a) section 168(3A)(a) and (b)
b: fails or refuses to remain at the place where that person is being searched under section 168(3)(b)
2: Every person who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 3 months, or to a fine not exceeding $1,000, or both. 1998 No 110 59(1)(a)
20: New section 209A inserted
The principal Act is amended by inserting, after section 209
209A: Publications imported in course of official duties
1: Nothing in section 209
2: In this section,— New Zealand official paragraphs (a) to (l) of section 131(4) of the Films, Videos, and Publications Classification Act 1993 overseas official section 131(4) of the Films, Videos, and Publications Classification Act 1993 publication section 2 of the Films, Videos, and Publications Classification Act 1993
21: New section 223 substituted
The principal Act is amended by repealing section 223
223: Power of Chief Executive to deal with petty offences
1: Subsection (2)
a: an offence against this Act that is committed in relation to goods—
i: the Customs value of which does not exceed $1,000; or
ii: on which duty payable under this Act does not exceed $1,000; or
iii: on which the duty evaded or attempted to be evaded does not exceed $1,000:
b: an offence against any of sections 180, 181, and 186
2: If a person admits in writing that he or she has committed an offence to which this subsection applies and requests that the offence be dealt with summarily by the Chief Executive, the Chief Executive may, at any time before an information has been laid in respect of the offence, accept from that person payment of any sum, not exceeding $500, that the Chief Executive thinks just in the circumstances of the case in full satisfaction of any fine or other penalty to which the person would otherwise be liable under this Act.
3: If the Chief Executive accepts any sum under subsection (2)
4: If the Chief Executive declines to exercise his or her power under subsection (2) 1966 No 19 s 266
22: Goods forfeited
1: Section 225(1)(l) section 2 section 2(1)
2: Section 225(1) paragraph (l)
la: goods exported, or in respect of which an attempt to export has been made, that have been acquired in New Zealand, whether by the exporter or some other person, by an act that amounts to a crime involving dishonesty within the meaning of section 2(1) of the Crimes Act 1961
23: Application for order disallowing seizure where notice not received
Section 233(1) 232 or section 234A
24: New section 234A inserted
The principal Act is amended by inserting, after section 234
234A: Condemnation if application discontinued
If an application under section 231(1) or section 233(1)
25: Waiver of forfeiture
Section 235(5) the power to waive forfeiture exercisable under this section any of the Minister's powers under this section, except this power of delegation
26: Regulations
Section 286(1)(o) excise duty or excise-equivalent duty
27: Chief Executive may make rules for certain purposes
Section 288(1)
i: prescribing the form and manner in which the following goods must be reported to the Customs:
i: goods exempted from the requirements of section 39(1) section 40(c)
ii: goods deemed to be entered for the purposes of section 39(1) section 40(d)
iii: goods exempted from the requirements of section 49(1) section 50(a)
iv: goods deemed to be entered for the purposes of section 49(1) section 50(b)
28: Schedule 3 amended
1: Part A of Schedule 3
a: by inserting, before the items relating to Excise item 99.10, the Excise item numbers and rates of duty set out in Part A of Schedule 1
b: by omitting from Excise item number 99.75.22F the expression 3606.10.19 3606.10.09
2: Part B of Schedule 3 Schedule 1
3: Part A of Schedule 3 Schedule 2
4: Part B of Schedule 3 Schedule 2
2: Amendments to Tariff Act 1988
29: Notes inserted in Chapters 22, 24, and 27 of Standard Tariff
1: Part 1 Tariff Act 1988
3.: In this Chapter, the term manufacture For manufacture in a licensed manufacturing area For further manufacture in a licensed manufacturing area section 2(1) of the Customs and Excise Act 1996
2: Part 1 Tariff Act 1988 NEW ZEALAND NOTE—
1.: In this Chapter, the term manufacture For manufacture in a licensed manufacturing area For further manufacture in a licensed manufacturing area section 2(1) of the Customs and Excise Act 1996
3: Part 1 Tariff Act 1988
4.: In this Chapter, the term manufacture For manufacture in a licensed manufacturing area section 2(1) of the Customs and Excise Act 1996