Animal Welfare (Cost Recovery) Regulations 2015

Animal Welfare (Cost Recovery) Regulations 2015 (LI 2015/89) Jerry Mateparae, Governor-General Order in Council At Wellington this 11th day of May 2015 Present: The Right Hon John Key presiding in Council Pursuant to section 183 of the Animal Welfare Act 1999, His Excellency the Governor-General makes the following regulations, acting— (a) on the advice and with the consent of the Executive Council; and (b) on the recommendation of the Minister for Primary Industries after meeting the requirements of section 182 of that Act. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 4 Fees and charges 4 4A Hourly rate charges 4 5 When fees and charges payable 4 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019. Note 4 at the end of this version provides a list of the amendments included in it. These regulations are administered by the Ministry for Primary Industries. Version as at 1 July 2024 1 https://www.legislation.govt.nz/pdflink.aspx?id=DLM51943 https://www.legislation.govt.nz/pdflink.aspx?id=DLM49663 https://www.legislation.govt.nz/pdflink.aspx?id=DLM51941 https://www.legislation.govt.nz/pdflink.aspx?id=DLM7298371 5A Missed appointment charges 5 6 Director-General may remit or waive costs 5 7 Revocation 5 Schedule Fees and charges 6 Regulations 1 Title These regulations are the Animal Welfare (Cost Recovery) Regulations 2015. 2 Commencement These regulations come into force on 1 July 2015. 3 Interpretation In these regulations, unless the context otherwise requires,— Act means the Animal Welfare Act 1999 call-out means circumstances in which a veterinarian, having left a place or premises, has been recalled to duty for the purpose of undertaking an activity outside of the veterinarian’s normal hours of work double time means the rate for time worked at any of the following times on days other than public holidays: (a) any time between 10 pm and 8 am on a weekday: (b) any time between 12 am and 8 am on a Saturday: (c) any time after midday on a Saturday: (d) any time on a Sunday Ministry holiday means a day designated by the Director-General as a Minis‐ try holiday and notified on a publicly accessible internet site maintained by or on behalf of the Ministry penal time— (a) means time worked by a person during a 40-hour week from Monday to Sunday, or on a public holiday or Ministry holiday, for which the person is entitled by their employment agreement or any other agreement with the Ministry to penal rates; but (b) excludes time worked at time and a half or double time, except as provided for in paragraph (e) of the definition of penal time worked at penal rate 1.0 r 1 Animal Welfare (Cost Recovery) Regulations 2015 Version as at 1 July 2024 2 https://www.legislation.govt.nz/pdflink.aspx?id=DLM49663 penal time worked at penal rate 0.5 means either of the following: (a) penal time worked between midnight and 2 am on a weekday (except on a public holiday or Ministry holiday) as part of a rostered period of work starting the previous day: (b) the first 3 hours of penal time worked between midnight and midday on a Saturday (except on a public holiday or Ministry holiday) penal time worked at penal rate 1.0 means any of the following: (a) penal time worked between 2 am and 6 am on a weekday as part of a rostered period of work starting the previous day: (b) penal time worked on a Saturday or Sunday, except penal time worked at penal rate 0.5: (c) penal time worked on a public holiday or Ministry holiday: (d) penal time, other than the first hour, worked during the 6-hour period from midnight to 6 am on a weekday as part of a rostered period of work starting during that 6-hour period: (e) the first hour (or part-hour) of penal time that is worked— (i) at double time; and (ii) on a Saturday or Sunday as part of a rostered period of work starting between midnight and 6 am penal time worked at penal rate 2.0 means the first hour (or part-hour) of penal time worked during the 6-hour period from midnight to 6 am on a weekday (except on a public holiday or Ministry holiday) as part of a rostered period of work starting during that 6-hour period public holiday has the meaning given by section 5(1) of the Holidays Act 2003 standard working hours means the hours between 8 am and 5 pm on any day except— (a) a Saturday or a Sunday; or (b) a public holiday or Ministry holiday time and a half means the rate for time worked between the following times on days other than public holidays: (a) 5 pm and 10 pm on a weekday: (b) 8 am and midday on a Saturday. Regulation 3 call-out: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 double time: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). Regulation 3 Ministry holiday: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Version as at 1 July 2024 Animal Welfare (Cost Recovery) Regulations 2015 r 3 3 https://www.legislation.govt.nz/pdflink.aspx?id=DLM236395 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692393 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 Regulation 3 penal time: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 penal time worked at penal rate 0.5: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 penal time worked at penal rate 1.0: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 penal time worked at penal rate 2.0: inserted, on 1 July 2024, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 public holiday: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). Regulation 3 standard working hours: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). Regulation 3 standard working hours paragraph (b): replaced, on 1 July 2024, by regulation 4(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Regulation 3 time and a half: inserted, on 1 July 2022, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). Regulation 3 working hours: revoked, on 1 July 2022, by regulation 4(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). 4 Fees and charges (1) The fees and charges set out in the Schedule are payable in respect of the matters to which they relate. (2) The fees and charges are exclusive of goods and services tax. 4A Hourly rate charges (1) Charges specified in these regulations as payable at an hourly rate must be calculated by— (a) adding together the total number of 15-minute units spent on the matter concerned; and (b) multiplying the total number of units by 25% of the applicable hourly rate. (2) However, if the amount calculated under subclause (1) for a call-out is less than the minimum charge specified in subpart 3 of Part 2 of the Schedule, the amount payable is the minimum charge. Regulation 4A: inserted, on 1 July 2024, by regulation 5 of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). 5 When fees and charges payable The fees and charges set out in the Schedule are payable on the making of the relevant application or on performance of the relevant service, as the case may require. r 4 Animal Welfare (Cost Recovery) Regulations 2015 Version as at 1 July 2024 4 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692393 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692393 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963261 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692393 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692393 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963263 5A Missed appointment charges (1) A missed appointment charge of $46.575 is payable for failing to make use of a scheduled booking with a veterinarian for a service without contacting the Ministry beforehand to cancel it. (2) The charge is payable— (a) by the person, specified in the third column of Part 1 of the Schedule, responsible for paying the costs of the service; and (b) in addition to any other costs required to be paid under these regulations. (3) The charge becomes payable at the time the appointment is missed. (4) The charge is exclusive of goods and services tax. Regulation 5A: inserted, on 1 July 2024, by regulation 6 of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). 6 Director-General may remit or waive costs (1) The Director-General may remit or waive any costs recovered, or to be recov‐ ered, under these regulations, in whole or in part, if the Director-General is satisfied— (a) that the services performed do not justify the costs payable under these regulations; or (b) that special circumstances applicable to a particular case make it reason‐ able to waive the recovery (in whole or in part) of the costs payable under these regulations. (2) In this regulation, costs includes fees and charges. 7 Revocation The Animal Welfare Export Certificate Regulations 1999 (SR 1999/393) are revoked. Version as at 1 July 2024 Animal Welfare (Cost Recovery) Regulations 2015 r 7 5 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963265 https://www.legislation.govt.nz/pdflink.aspx?id=DLM1082 Schedule Fees and charges rr 4, 5 Part 1 Fees and charges Matter for which fee or charge payable Fee or charge* Fee or charge payable by 1 Application under section 42 of the Act for an animal welfare export certificate, including any time worked by a veterinarian employed or engaged by the Ministry carrying out specialist functions or activities to support the application $46.575 per application Plus— (a) charge at an hourly rate after the first 15 minutes, as specified in subpart 1 of Part 2, if time worked during standard working hours: (b) charge at an hourly rate, as specified in subpart 2 of Part 2, if time worked outside standard working hours (other than time worked by a veterinarian on a call out): (c) call-out charge at an hourly rate plus any applicable daily rate, as specified in subpart 3 of Part 2, if time worked by a veterinarian on a call out The applicant 1A Veterinarians employed or engaged by the Ministry being on call, outside standard working hours, (at the request of an exporter) to perform specialist functions and activities necessary for the export of live animals $45 per on-call shift for each veterinarian (in addition to call-out charges, if any) The exporter 1B Veterinarians undertaking specialist functions and activities necessary for the export of live animals outside of standard working hours, other than to support an application under section 42 of the Act All of the following— (a) charge at an hourly rate, as specified in subpart 1 of Part 2, if time worked during standard working hours: (b) charge at an hourly rate, as specified in subpart 2 of Part 2, if The exporter Schedule Animal Welfare (Cost Recovery) Regulations 2015 Version as at 1 July 2024 6 https://www.legislation.govt.nz/pdflink.aspx?id=DLM50453 https://www.legislation.govt.nz/pdflink.aspx?id=DLM50453 time worked outside standard working hours (other than time worked by a veterinarian on a call out): (c) call-out charge at an hourly rate plus any applicable daily charge, as specified in subpart 3 of Part 2, if time worked by a veterinarian on a call out 2 Performance or exercise of a function, duty, or power that is— (a) required to be undertaken under the Act, including under any regulations; and (b) not prescribed elsewhere in these regulations. $67.50 Plus— (a) charge at an hourly rate after the first 30 minutes, as specified in subpart 1 of Part 2, if time worked during standard working hours: (b) charge at an hourly rate, as specified in subpart 2 of Part 2, if time worked outside standard working hours The person whose actions resulted in the function, duty, or power being required to be performed or exercised *Fee or charge exclusive of any applicable costs payable under Part 3 or 4 Schedule Part 1 item 1: replaced, on 1 July 2024, by regulation 7(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Schedule Part 1 item 1A: inserted, on 1 October 2023, by regulation 4(1) of the Animal Welfare (Cost Recovery) Amendment Regulations 2023 (SL 2023/228). Schedule Part 1 item 1B: replaced, on 1 July 2024, by regulation 7(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Schedule Part 1 item 2: amended, on 1 July 2024, by regulation 7(3) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Schedule Part 1 item 2: amended, on 1 July 2022, by regulation 5(2) of the Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162). Version as at 1 July 2024 Animal Welfare (Cost Recovery) Regulations 2015 Schedule 7 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS879436 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692401 Part 2 Hourly and daily charges Schedule Part 2: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Subpart 1—Charges for time worked during standard working hours Schedule Part 2 subpart 1: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). The hourly rates for time worked during standard working hours are— Category Hourly rate (a) for time worked during standard working hours by a person employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule $186.30 (b) for time worked during standard working hours by a person employed or engaged by the Ministry under item 2 in Part 1 of this schedule $135.00 Subpart 2—Charges for time worked outside standard working hours (other than call-outs) Schedule Part 2 subpart 2: replaced, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). The hourly rates for time worked outside of standard working hours (other than call-outs) are— Category Hourly rate (a) for time worked at time and a half by a person employed or engaged by the Ministry under item 1, 1B, or 2 in Part 1 of this schedule $198.89 (b) for time worked at double time by a person employed or engaged by the Ministry under item 1, 1B, or 2 in Part 1 of this schedule $236.67 (c) for penal time worked at penal rate 0.5 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a) or (b), plus an additional hourly rate of $39.90 (d) for penal time worked at penal rate 1.0 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a) or (b), plus an additional hourly rate of $79.80 (e) for penal time worked at penal rate 2.0 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a) or (b), plus an additional hourly rate of $159.60 Subpart 3—Call-out charges Schedule Part 2 subpart 3: inserted, on 1 July 2024, by regulation 7(4) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). 1 Call-out charges are calculated by adding together— Schedule Animal Welfare (Cost Recovery) Regulations 2015 Version as at 1 July 2024 8 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 (a) the total hourly charge, based on time spent at the applicable hourly rates set out in clause 3; and (b) any applicable daily charge set out in clause 3. 2 The minimum charge for a call-out is calculated by adding together— (a) a charge for 3 hours of time at the applicable hourly rate set out in clause 3; and (b) any applicable daily charge set out in clause 3. 3 The hourly and daily rates for call-outs are— Category Hourly or daily rate (a) for time worked at time and a half by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule hourly rate of $198.89 (b) for time worked at double time by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule hourly rate of $236.67 (c) for time worked on a public holiday or Ministry holiday by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule hourly rate of $161.11 daily rate of $604.44 (d) for penal time worked at penal rate 0.5 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a), (b) or (c), plus an additional hourly rate of $39.90 (e) for penal time worked at penal rate 1.0 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a), (b) or (c), plus an additional hourly rate of $79.80 (f) for penal time worked at penal rate 2.0 by a veterinarian employed or engaged by the Ministry under item 1 or 1B in Part 1 of this schedule the relevant hourly rate in item (a), (b) or (c), plus an additional hourly rate of $159.60 Part 3 Costs incurred by Ministry 1 Actual and reasonable costs, including actual and reasonable incidental and additional costs incurred by a Ministry employee, or a person engaged by the Ministry who is not an employee, may be recovered by the Ministry where those costs arise from a request by, or an act or omission of, any person under the Act or regulations made under the Act. 2 The costs in clause 1 include, but are not limited to,— (a) the costs of external review, expert review, notification, product testing, travel, and accommodation; and Version as at 1 July 2024 Animal Welfare (Cost Recovery) Regulations 2015 Schedule 9 (b) disbursements such as the costs of photocopying, printing and stationery, telephone, fax, video conferencing, postage, and couriers. 3 For technical staff providing support for the delivery of specialist services in relation to functions, duties, or powers under the Act or any regulations made under the Act, a fee at an hourly rate of $155 is payable by the person whose actions result in the function, duty, or power being required to be performed or exercised. Schedule Part 3 clause 3: amended, on 1 July 2024, by regulation 7(5) of the Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89). Part 4 Travel costs Where travel of a Ministry employee, or a person engaged by the Ministry who is not an employee, is required for any of the matters specified in Parts 1, 2, and 3, an additional amount of $0.67 per kilometre travelled by the employee or person is payable in addition to the relevant fee or charge. Michael Webster, Clerk of the Executive Council. Issued under the authority of the Legislation Act 2019. Date of notification in Gazette: 14 May 2015. Schedule Animal Welfare (Cost Recovery) Regulations 2015 Version as at 1 July 2024 10 https://www.legislation.govt.nz/pdflink.aspx?id=LMS963269 https://www.legislation.govt.nz/pdflink.aspx?id=DLM7298104 Notes 1 General This is a consolidation of the Animal Welfare (Cost Recovery) Regulations 2015 that incorporates the amendments made to the legislation so that it shows the law as at its stated date. 2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presump‐ tion applies unless the contrary is shown. Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version. 3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations. 4 Amendments incorporated in this consolidation Animal Welfare (Cost Recovery) Amendment Regulations 2024 (SL 2024/89) Animal Welfare (Cost Recovery) Amendment Regulations 2023 (SL 2023/228) Animal Welfare (Cost Recovery) Amendment Regulations 2022 (SL 2022/162) Wellington, New Zealand: Published under the authority of the New Zealand Government—2024 Version as at 1 July 2024 Animal Welfare (Cost Recovery) Regulations 2015 Notes 11 https://www.legislation.govt.nz/pdflink.aspx?id=DLM7298365 https://www.legislation.govt.nz/pdflink.aspx?id=DLM7298371 http://www.pco.govt.nz/editorial-conventions/ https://www.legislation.govt.nz/pdflink.aspx?id=LMS963242 https://www.legislation.govt.nz/pdflink.aspx?id=LMS879429 https://www.legislation.govt.nz/pdflink.aspx?id=LMS692378