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Animal Products Act 1999
Cost recovery
115A: Application of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001

Part 1:
Preliminary provisions

2Object of Act 3General scheme of Act 4Interpretation 5Product processed fit for intended purpose 6References to this Act include references to Animal Products (Ancillary and Transitional Provisions) Act 1999, etc 6ABorder information supplied using JBMS must be supplied in approved form and manner 6BDuty to use JBMS to supply border information 6CTransitional, savings, and related provisions relating to amending Acts

Application of Act generally

7Products and material to which Act generally applies 8Products and material excluded from ambit of Act 9Exemptions from ambit of Act by Order in Council 10Application of Act includes exclusive economic zone

Part 2:
Risk management programmes

11Object of this Part 12What is a risk management programme 13Who must have a risk management programme 14Director-General may grant limited exemption from requirement to have risk management programme 15Certain persons may be required to have risk management programme by Order in Council 16Duties of operators of risk management programmes 17Contents of and requirements for risk management programmes 17AMulti-business risk management programmes

Registration of risk management programmes

Relationship between Food Act regime and risk management programmes

31Object of sections 32 to 34A 32Secondary processors of animal products which are food may elect to operate under risk management programme 33Implications of failure to elect in case of animal product which is food whose export requires an official assurance 34Alternate or intermittent use of risk management programmes and food control plans 34ARegulations may grant or provide for exemptions from this Act or Food Act 2014

References to verifying agency

35References to verifying agency 36Director-General may require notification by recognised agency of termination of contracts

Part 3:
Regulated control schemes

37Object of this Part 38Nature of regulated control schemes 39Scope of regulated control scheme 40Regulations about regulated control schemes 41Emergency control schemes

Part 4:
Animal product standards

42Animal product standards 43Application of standards 44Regulations may prescribe animal product standards 45Director-General may issue specifications supplementary to animal product standards 46Emergency animal product standards

Part 5:
Export of animal material and products

47Object of this Part 48Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered 49Registration of exporters of non-edible, etc, material or products may be required by Order in Council 50Director-General may exempt certain consignments, animal material or animal products, or persons 51Duties of exporters

Registration of exporters

52Director-General to maintain register of exporters 53Matters to be shown in register of exporters 54Applications for registration 55Registration as exporter 56Refusal to register 57Annual registration fee payable 58Deregistration of exporters 59Refusal to register or decision to deregister may be reviewed in certain cases

Export requirements and official assurances

59ADirector-General to notify general requirements for animal product or material for export 60Export requirements 60APublication, etc, of notices specifying export requirements 60BExemption from animal product standards where appropriate 61Director-General may issue official assurances 61ANo Crown liability 62Form and content of official assurance 63Obtaining of official assurance 64Official assurance may be withdrawn, and reissued 65Persons who may be authorised to issue official assurances

Part 5A:
Game estates

65AObject of this Part 65BWhat is a game estate 65CUse and disposal of animal material and product from game estate animals 65DGame estates that must be listed 65EDirector-General to maintain list of game estates 65FMatters to be shown in list of game estates 65GApplications for listing 65HListing as game estate 65IRefusal to list 65JDelisting 65KReview of decision to refuse to list, or to delist 65LListing fee payable

Part 6:
Homekill and recreational catch

66Object of this Part 67Homekill allowed 68Processing of recreational catch 69Homekill and recreational catch service providers 70Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place 71Requirements for dual operator butchers 72Product processed by homekill or recreational catch service provider ceases to be regulated animal product

Listing of homekill and recreational catch service providers

73Director-General to maintain list of homekill and recreational catch service providers 74Matters to be shown in list of homekill and recreational catch service providers 75Applications for listing 76Listing as homekill or recreational catch service provider 77Annual listing fee payable

Part 6A:
General obligations

77AInterpretation

Tracing and recall

77BTracing and recall requirements 77CRegulations relating to tracing and recall

Verification

77DVerification 77EObligation of persons subject to verification requirements 77FRegulations relating to verification

Record keeping and reporting

77GRecord-keeping and reporting requirements 77HRegulations and notices relating to record keeping and reporting

Part 7:
Officers, powers, etc

Part 8:
Recognised agencies, persons, and classes of persons

99Outline of this Part 100Interpretation

Recognition of agencies, persons, and classes of persons

101Recognition of agencies 102Recognition of certain agencies without application 103Recognition of persons 104Recognition of certain persons without application 105Recognition of classes of persons 106Interrelationship between sections 101 to 105

Recognition process

107Application for recognition 108Director-General may require further information 109Proposal to refuse application to recognise agency, person, or class of persons 110Proposal to exclude members, or categories of members, from recognition of class 111Director-General may impose or vary conditions of recognition 112Grant of recognition 112AScope, effect, and transfer of recognition 112BDuration of recognition 112CRenewal of recognition before expiry 112DApplication for renewal of recognition 112ESubstituted notice of recognition 112FOngoing recognition fees, charges, or levies

Performance of specified functions and activities

112GDuties of recognised agencies 112HDuties of recognised persons 112IRecognised agency or person may act in other capacities 112IARecognised agency and recognised person accountable to Director-General

Suspension of recognition

112JSuspension of recognition of recognised agency, recognised person, or recognised class 112KDirector-General may extend suspension of recognition 112LMethod of suspension of recognition 112MSuspension does not limit other actions

Withdrawal of recognition

112NWithdrawal of recognition of recognised agency or recognised person 112OWithdrawal of recognition of recognised class 112PMethod of withdrawal of recognition

Surrender of recognition

112QSurrender of recognition 112REffective date of surrender of recognition

Public register of recognised agencies, recognised persons, and recognised classes

112SPublic register of recognised agencies, recognised persons, and recognised classes to be kept 112TContents of public register 112UInspection of public register 112VRemoval from public register

Miscellaneous matters

112WNotification to category or class of persons 112XMeans of consultation 112YDirector-General may require notification of termination of contracts 112ZDirector-General must consider exemption, waiver, or refund of fees

Part 9:
Cost recovery

113Principles of cost recovery 114Methods of cost recovery 115Cost recovery to relate generally to a financial year 115AApplication of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001 116Three-yearly review of cost recovery 117Fees and charges to be prescribed by regulations 118Regulations may impose levies 119Trust accounts required to be kept by persons collecting levies 120Other charges not requiring to be prescribed 121Exemptions, waivers, and refunds 122Fees, levies, and charges to constitute debt due to Director-General 123Penalties for failure to pay fee, levy, or charge 124Obligation to pay fee, levy, or charge not suspended by dispute 125Levy regulations are confirmable instruments

Part 10:
Offences, penalties, and proceedings

Infringement offences

125AProceedings for infringement notices 125BIssue and cancellation of infringement notices 125CForm of infringement notice 125DPayment of infringement fees 125ERegulations about infringement offences

Offences

126Offences involving endangerment of human or animal health 127Offences involving deception 128Sale of non-complying animal material or product 129Presenting non-complying animal material for processing 130Offence to export unless registered 131Offences in relation to homekill and recreational catch 132Breach of compliance order 133Obstruction of officers, etc 133AOffences involving automated electronic system 134Offence of breach of duty 135Failure to comply with Act, etc 136Defence for persons charged with breach of duty or failure to comply 137Presumptions as to dual operator butchers 138Presumption as to possession for sale, etc 139Proof of compliance with Act 140Evidence in proceedings 141Presumption as to authority 142Liability of body corporate 143Liability of directors and managers of companies 144Liability of companies and persons for actions of agent or employee 144AOrder to pay amount because of commercial gain 145Charging documents

Compliance orders

146Compliance orders 147Application for compliance order 148Notification of application 149Right to be heard 150Decision on application 151Interim compliance orders 152Change or cancellation of compliance order 153Compliance with compliance order 154Appeals to High Court 155Appeals to Court of Appeal or Supreme Court 156Effect of appeal 157Rules of court

Part 11:
Miscellaneous provisions

Identification, differentiation, and security systems and devices

158Identification, differentiation, and security systems and devices

Recordkeeping requirements and use of information

159Records and returns 160Records to be available for inspection, etc

Use of information

161Disclosure of information for purpose of ensuring product safety, etc

Right of review

162Right of review of certain decisions made under delegated authority

Consultation, notification, etc

163Consultation requirements for making of certain Orders in Council, regulations, and notices 164Notification of notices under section 167 165Service of individual notices, etc, that are not secondary legislation 165ADirections, etc, to non-Ministry persons with functions under Act

Automated electronic systems

165BArrangement for system 165CEffect of use of system

Regulations, notices, etc

166Regulations 166AScope of regulations 167Notices 167ANotification of notices under section 167 167BCertain secondary legislation or published instruments may be consolidated 168Incorporation of material by reference into regulations, notices, and orders 168AAvailability and proof of material incorporated by reference 168BApplication of Legislation Act 2019 to material incorporated by reference

Repeals, amendments, and transitional provisions

169Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999

Schedule 1:
Transitional, savings, and related provisions relating to amending Acts

Animal Products Act 1999

Cost recovery

115A: Application of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001

You could also call this:

"Export licences for dairy products: old rules no longer apply"

Section 115A is about export licences under the Dairy Industry Restructuring Act 2001. You need to know this section was repealed on 2 March 2018. It was repealed by section 144 of the Food Safety Law Reform Act 2018.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1128502.

115: Cost recovery to relate generally to a financial year, or

"Charges and fees usually apply for a whole year and can be changed or backdated."

116: Three-yearly review of cost recovery, or

"The Minister checks and updates animal product costs every three years to make sure they are fair."

Part 9Cost recovery

115AApplication of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001 (Repealed)

Notes

Section 115A: repealed, on 2 March 2018, by section 144 of the Food Safety Law Reform Act 2018 (2018 No 3).