Animal Welfare (Records and Statistics) Regulations 1999

Reprint as at 1 July 2013 Animal Welfare (Records and Statistics) Regulations 1999 (SR 1999/392) Michael Hardie Boys, Governor-General Order in Council At Wellington this 8th day of November 1999 Present: His Excellency the Governor-General in Council Pursuant to section 183 of the Animal Welfare Act 1999, His Excel lency the Governor-General, acting on the advice and with the con sent of the Executive Council, makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 4 Records 3 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. These regulations are administered by the Ministry for Primary Industries. 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51943 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 r 1 Animal Welfare (Records and Statistics) Regulations 1999 Reprinted as at 1 July 2013 5 Annual return 5 6 Information to be supplied on request 6 7 Offences 6 8 Revocations 7 Schedule 7 Regulations revoked Regulations 1 Title These regulations may be cited as the Animal Welfare (Records and Statistics) Regulations 1999. 2 Commencement These regulations come into force on 1 January 2000. 3 Interpretation In these regulations, unless the context otherwise requires,— the Act means the Animal Welfare Act 1999 animal has the meaning given to it by section 2(1) of the Act Animal Ethics Committeemeans an Animal Ethics Commit tee established and maintained by the code holder under sec tion 98 of the Act code holder, in relation to a code of ethical conduct, means— (a) the person who, by virtue of an application under sec tion 87 of the Act, obtained the Director-General’s ap proval of that code; or (b) where the approval of that code has, with the consent of the Director-General, been transferred under section 93(1) of the Act to any other person, that other person; or (c) any person carrying out research, testing, or teaching in accordance with section 84 or section 85 or section 118(1) or section 192(4) or section 192(5) of the Act Director-General means the chief executive of the Ministry Inspectormeans an Inspector appointed under section 124(1) or section 124(2) of the Act; and includes every constable 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49663 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51223 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51223 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51209 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51209 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51216 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51216 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51205 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51206 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51245 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51245 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51962 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51962 http://www.legislation.govt.nz/pdflink.aspx?id=DLM51254 Reprinted as at 1 July 2013 Animal Welfare (Records and Statistics) Regulations 1999 r 4 manipulation, in relation to an animal, has the meaning given to it by section 3 of the Act Minister has the meaning given to it by section 2(1) of the Act Ministry has the meaning given to it by section 2(1) of the Act project has the meaning given to it by section 2(1) of the Act protected wildlife has the meaning given to it by section 2(1) of the Conservation Act 1987 research, testing, and teaching has the meaning given to it by section 5 of the Act yearmeans a period of 12 months beginning on 1 January and ending with 31 December. Regulation 3 Animal Ethics Committee: inserted, on 10 September 2009, by regulation 4 of the Animal Welfare (Records and Statistics) Amendment Regu lations 2009 (SR 2009/214). Regulation 3 Inspector: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Regulation 3 project: inserted, on 10 September 2009, by regulation 4 of the Animal Welfare (Records and Statistics) Amendment Regulations 2009 (SR 2009/214). 4 Records (1) Every code holder must keep, in relation to the research, test ing, and teaching carried out by the code holder, readily ac cessible records, in which must be entered, in relation to each year, the following information: (a) the name of each species of animal manipulated during the year: (b) the number of animals of each species manipulated dur ing the year: (c) the purpose for which each animal was manipulated: (d) the source of supply of each animal manipulated during the year: (e) the status of each animal manipulated during the year according to the following categories: (i) normal/conventional: (ii) specific pathogen free/germ free: (iii) diseased: (iv) transgenic/chimera: (v) protected wildlife: 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM50284 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 http://www.legislation.govt.nz/pdflink.aspx?id=DLM103616 http://www.legislation.govt.nz/pdflink.aspx?id=DLM50287 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2253117 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1102349 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1102349 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2253117 r 4 Animal Welfare (Records and Statistics) Regulations 1999 Reprinted as at 1 July 2013 (vi) pregnant: (vii) developmental stage (which category applies only in relation to an animal that comes within either paragraph (b) or paragraph (c) of the def inition of the term animal (as set out in section 2(1) of the Act)): (viii) other: (f) the number of animals of each species manipulated dur ing the year which— (i) have not been previously manipulated: (ii) have been previously manipulated— at any time before or during the year: (g) in respect of the manipulation of any animal during the year, the severity of that manipulation according to the following scale (taking into account the effect of any anaesthetic, analgesic, euthanasia technique, or other strategy or practice that is applied or used, or any other step taken, to avoid or alleviate the stress or pain caused to the animal): (i) a manipulation that causes no stress or pain or virtually no stress or pain (no suffering or vir tually no suffering): (ii) a manipulation that causes stress or pain, of a minor intensity for a short duration (little suffer ing): (iii) a manipulation that causes stress, or pain, of a minor intensity for a long duration or of a moder ate intensity for a short duration (moderate suf fering): (iv) a manipulation that causes stress, or pain, of a moderate intensity for a long duration, or of a se vere intensity for a short duration (severe suffer ing): (v) a manipulation that causes stress, or pain, of a se vere intensity for a long duration, or of a very se vere intensity for any duration (very severe suf fering): (h) the number of animals of each species that died or were destroyed during the year in the course of, or subsequent 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 http://www.legislation.govt.nz/pdflink.aspx?id=DLM49669 Reprinted as at 1 July 2013 Animal Welfare (Records and Statistics) Regulations 1999 r 5 to, the manipulation of those animals (whether directly or indirectly as a result of their manipulation): (i) the number of animals manipulated during the year which are still alive at the end of the year: (j) in respect of the number of animals referred to in para graph (i), the number of such animals— (i) released from captivity: (ii) retained by the code holder that manipulated the animals: (iii) delivered to a person other than the code holder that manipulated the animals: (k) in respect of any person referred to in paragraph (j)(iii), the name and address of, and the number of animals delivered to, that person. (2) Every code holder must retain the records kept under sub clause (1) for not less than the period of 5 years beginning with the expiry of the year in respect of which the records were kept. 5 Annual return (1) A code holder must, on or before 28 February of each year, provide to the Director-General a written annual return setting out details of the records kept in accordance with regulation 4(1). (2) For the purposes of subclause (1), a code holder must provide the details of records kept for a project approved by an Animal Ethics Committee— (a) of, or up to, 3 years’ duration, in the annual return made in the year following the year that the project ends: (b) of more than 3 years’ duration, in the annual return made in the year following every third year of the pro ject. (3) For the purposes of subclause (2)(b), if the term of a project is not divisible by multiples of 3 years, the code holder must provide an annual return for the records kept in relation to the project in the year following the year that the project ends. (4) A code holder must provide a nil return if— (a) the code holder has not carried out any research, testing, or teaching during the immediately preceding year: 5 r 6 Animal Welfare (Records and Statistics) Regulations 1999 Reprinted as at 1 July 2013 (b) the code holder is not required under subclauses (2) or (3) to report on the records kept under regulation 4(1) in that return. Regulation 5: substituted, on 10 September 2009, by regulation 5 of the Animal Welfare (Records and Statistics) Amendment Regulations 2009 (SR 2009/214). 6 Information to be supplied on request (1) The Director-General, or any Inspector, may from time to time, by notice to any code holder, require that— (a) a copy of any records kept by the code holder under regulation 4; or (b) such details as the Director-General or the Inspector may specify of the information required to be contained in any records kept under regulation 4,— be sent to the Director-General or the Inspector, as the case may be, at such address as may be specified in the notice. (2) Every code holder to whom a notice under subclause (1) is addressed must forward the copy or details within such time, being not less than 7 days after the receipt of the notice, as the Director-General or Inspector may specify in the notice. (3) A notice under subclause (1), and any copy or details given in response to such a notice, must be given in writing. 7 Offences (1) Every person commits an offence who— (a) wilfully fails to keep records in accordance with regu lation 4(1): (b) wilfully fails to retain records in accordance with regu lation 4(2): (c) without reasonable excuse, fails to make a return within the time prescribed by regulation 5: (d) makes a return under regulation 5 that to that person’s knowledge is false or misleading in any material par ticular: (e) without reasonable excuse, fails to comply with a notice given to that person under regulation 6(1): (f) forwards, in response to a notice given to that person under regulation 6(1), a copy, or details, that to that 6 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2253108 Reprinted as at 1 July 2013 Animal Welfare (Records and Statistics) Regulations 1999 person’s knowledge is or are false or misleading in any material particular. (2) Every person who commits an offence against these regula tions is liable on conviction to a fine not exceeding— (a) in the case of an individual, $5,000; or (b) in the case of a body corporate, $25,000. Regulation 7(2): amended, on 1 July 2013, by section 413 of the Criminal Pro cedure Act 2011 (2011 No 81). 8 Revocations The regulations specified in the Schedule are revoked. Schedule r 8 Regulations revoked Animals Protection (Codes of Ethical Conduct) Amendment Regulations 1997 (SR 1997/303) Animals Protection (Codes of Ethical Conduct) Regulations 1987 (SR 1987/12) Animals Protection (Codes of Ethical Conduct) Regulations 1987, Amendment No 2 (SR 1987/389) Marie Shroff, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 11 November 1999. 7 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3360714 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097 Notes Animal Welfare (Records and Statistics) Regulations 1999 Reprinted as at 1 July 2013 Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first) Notes 1 General This is a reprint of the AnimalWelfare (Records and Statistics) Regulations 1999. The reprint incorporates all the amend ments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/. 2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin cipal enactment and its amendments are contained. 3 How reprints are prepared A number of editorial conventions are followed in the prep aration of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 8 http://www.pco.parliament.govt.nz/reprints/ http://www.legislation.govt.nz/pdflink.aspx?id=DLM195439 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 Reprinted as at 1 July 2013 Animal Welfare (Records and Statistics) Regulations 1999 Notes are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force. 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the au thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 9 http://www.pco.parliament.govt.nz/editorial-conventions/ http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195468 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195470 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195466 Notes Animal Welfare (Records and Statistics) Regulations 1999 Reprinted as at 1 July 2013 • position of the date of assent (it now appears on the front page of each Act) • punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly • case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection ref erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord ingly • running heads (the information that appears at the top of each page) • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono logical). 5 List of amendments incorporated in this reprint (most recent first) Criminal Procedure Act 2011 (2011 No 81): section 413 Animal Welfare (Records and Statistics) Amendment Regulations 2009 (SR 2009/214) Policing Act 2008 (2008 No 72): section 116(a)(ii) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 10 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3360714 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2253110 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1102349