FAQs related to Proposed Prohibition of the Use of Electroimmobilisation Devices

Under the Animal Welfare Act 1999, people must attend to the physical, health and behavioural needs of animals in their care. These needs are further detailed in codes of welfare. Codes of welfare also contain minimum standards, including minimum standards on the provision of shade and shelter.

The provision of shade and shelter has important economic and practical implications for farmers. The issue of shade and shelter is not clear cut. Shelter and shade may be provided in a number of ways including the use of topographical features such as gullies or hollows (of adequate depth), natural features such as stands of trees or scrub, hedges or shelter belts, or artificial structures such as buildings, hay stacks, etc.

There is ongoing research on shade and shelter in New Zealand conditions, and NAWAC will be studying this research in order to make practical recommendations in new codes of welfare for farmed animals.

New Zealand exports a wide range of species including horses, deer, cats, dogs, bees, goats, day-old chicks, ferrets, wallabies, embryos and semen. Livestock are especially sought after because of their high genetic value and because New Zealand is free of most major exotic diseases. Animals are shipped live because they are used for breeding, or for slaughter in the country of arrival. Groups that are too large for transport by air may be taken by sea.

New Zealand is currently not shipping any cattle for slaughter, and the export of live sheep for slaughter has dwindled since the 1990s, with the last shipment being in 2003. It does, however, export cattle and sheep for breeding.

Under the Animal Welfare Act 1999, all animals for export (unless specifically exempted) must be issued with an Animal Welfare Export Certificate (AWEC), which takes account of animal welfare requirements and covers compliance with standards.

An experienced New Zealand stockman must accompany shipments of cattle. Some shipping companies also send veterinarians. All shipments are inspected by a MAF veterinarian before they depart.

A shipping report is completed at the end of each voyage which records any deaths, the weather, feed and water supplies, and any issues which affected the welfare of the animals.

Sea-bound shipments have additional requirements in the Maritime Rules, which are monitored by the Maritime Safety Authority. These cover ventilation, feed and water, space requirements, pen height requirements etc.

As a member of the World Trade Organisation (WTO), New Zealand has certain obligations under WTO agreements. New Zealand cannot prohibit the export of animals to other WTO member countries on the basis of management procedures in the country of importation.

The National Animal Welfare Advisory Committee is currently developing a code of welfare for the shipping of livestock.

After consultation the Government has decided to restrict the sale and use of leg-hold traps in New Zealand. New regulations came into effect on 1 January 2008.

The requirements for keeping pigs are described in the code of welfare for pigs.

The National Animal Welfare Advisory Committee (NAWAC), which recommends codes of welfare to the Minister of Agriculture, looked at conflicting evidence for and against various production systems for pigs when it was considering this code.

It decided that the current alternatives to these systems do not guarantee better welfare for pigs and may, in fact, reduce the welfare of the sows and/or their piglets. Alternative systems need very careful management to ensure adequate animal welfare.

Although pigs can be free to roam and perform normal behaviours in alternative systems, they can have some problems for the welfare of pigs. For example, aggression can be a problem in group-housed pigs and piglets can be crushed when sows lie down.

NAWAC will review its decisions in 2009.

For detail on the reasons for its recommendation, see the report (216 KB) with the code of welfare for pigs.

For detail on the ways in which NAWAC makes decisions on codes of welfare, see the NAWAC guidelines.

The requirements for keeping egg laying hens are described in the code of welfare for layer hens. The National Animal Welfare Advisory Committee (NAWAC), which recommends codes of welfare to the Minister of Agriculture, looked at conflicting evidence for and against various production systems for egg laying hens when it was considering this code.

It decided that based on the limited information available about current alternatives to cages, it cannot be concluded that these alternatives guarantee better overall welfare for hens.

Alternative systems need very careful management to ensure adequate animal welfare. Although hens are free to roam and perform normal behaviours in these systems, cages provide some advantages over them. For example, hens are not exposed to adverse weather conditions or predators (eg harrier hawks) and fighting, dust, disease from faecal material, ammonia levels, and the cleanliness of eggs and birds is more easily managed.

NAWAC will review its decision in 2009. For detail on the reasons for its recommendation, see the reports (first (133 KB) and second (263 KB)) with the code of welfare for layer hens. For detail on the ways in which NAWAC makes decisions on codes of welfare, see the NAWAC guidelines.

This falls under a specific provision controlled by the New Zealand Racing Conference or New Zealand Harness Racing Conference. For other horse users the provisions for use of the whip are spelt out in the Whips and spurs section of the code of minimum standards and recommendations for horses.

It depends on the type of collar you intend to use. Some modern electronic “training aid” collars are considered acceptable. For a detailed explanation read the Electric dog collars section of the code of recommendations and minimum standards for dogs.

A code of welfare for zoo animals came into force in January 2005. Codes of welfare contain minimum standards and may include recommended best practices. The code for zoo animals includes details on such things as animal management, food and water, housing and environment, behaviour and stress, health and disease, transport, and euthanasia. A copy of this code is available on this website and in your public library, or can be obtained by emailing animalwelfare@maf.govt.nz.

A code of welfare for circus animals came into force in January 2005. Codes of welfare contain minimum standards and may include recommended best practices. The code for circus animals includes details on such things as the obligations of owners, circus operation, food and water, shelter, accommodation and housing, animal training and performances, disease and injury control, and transport. A copy of this code is available on this website and in your public library, or it can be obtained by emailing animalwelfare@maf.govt.nz.

Animal welfare legislation can be found at www.legislation.govt.nz . Click on Statutes (which are listed alphabetically) and you will find the Animal Welfare Act. You can also purchase all legislation from Bennetts Bookshops.

Hard copies of the Guide to the Animal Welfare Act and the User’s Guide to Part 6 of the Animal Welfare Act 1999 (dealing with the use of animals in research, testing and teaching) can be obtained by emailing the Animal Welfare Group.

Codes of welfare can be found on this website or obtained by email. University libraries hold copies and you can request a copy from your public library.

Customs will collect the new levy on behalf of MAF, using existing systems and reducing duplication of government resources.

The biosecurity risk screening levy will be applied to all goods that attract Customs' import entry transaction fee. The import entry transaction fee is charged on commercial imports with duty and/or GST liability of $50 or more, and on private imports of good with a value of $1,000 or more and a duty and/or GST liability of $50 or more.

The biosecurity risk screening levy will be collected by Customs and billed on the same invoice sent to importers for the import entry transaction fee, duty and GST.

Payment conditions for the levy will be the same as for the import entry transaction fee. Levies invoiced in a given month will be payable in the following month under Customs' normal terms of business with each levy payer. Alternatively, for cash payments, goods will not be released until the levy is paid.

This levy is part of a whole-of-government response to border management, which will result in more effective goods clearance at the border. It is a fairer, more consistent charge on importers and is significantly lower than the previous charge of $28.70 (GST inclusive) on identified risk goods.

Automated risk assessment of all import documentation will fund biosecurity screening for goods coming into New Zealand. It will also reduce MAF Biosecurity New Zealand Clearance's administrative tasks, thus freeing up extra inspection capability without additional cost to industry.

Using Customs' existing systems to collect the levy will help reduce compliance costs to importers by providing one invoice statement from two government agencies.

MAF is improving procedures for assessing imported goods for biosecurity risk. Under the 2003 Regulations, risk assessment on import documentation is performed manually and MAF recovers the cost through an import documentation fee. This fee has been applied to risk goods only, but all imported goods need to be assessed for risk.

MAF screens all imported goods for the risk they pose to New Zealand. The biosecurity risk screening levy 2006 will be a new cost to importers who have previously not been charged the import documentation fee. Import entries identified as non- risk goods (such as shrink wrapped television sets) will be given a biosecurity clearance with no delay and no further cost beyond the biosecurity risk screening levy. Imported goods considered to be a risk will be identified for further consideration by MAF.

The Biosecurity (Costs) Regulations 2003 have been in place since May 2003 and charges have not been amended since then. The new charges reflect current costs and changes in MAF’s operations. In its provision of cargo clearance services, MAF needs to:

• Ensure that any changes in practices required at the border are adequately cost recovered;
• Avoid under and over recovery of costs over time;
• Ensure charges remain fair and equitable.

The key changes are:

• An increase in the MAF hourly rate inspection charge to $100 per hour;
• A new method of charging to recover costs relating to the primary screening of import documentation; a biosecurity risk screening levy of $3.38 will be charged on all imported goods that attract New Zealand Customs Service's import entry transaction fee. The biosecurity risk screening levy replaces the current inspection of import documentation fee from 1 October 2006. The levy will be collected by Customs on behalf of MAF.
• A new method of charging to pay for sea container clearance system costs and the increased monitoring and verification activities required by the revised import health standard for sea containers; A levy will be charged on all imported sea containers of $16 for full sea containers and $7 for empty containers.
• The number of categories of inspection charges for used vehicles has been reduced from 15 to four and the fee structure has been simplified. Inspection and re-inspection of used vehicles will be charged at the same rates.

After the release of its discussion paper Border Clearance Costs and Organism Identification Requirements in April 2006, MAF found that it needed to make modifications to some of its proposals outlined in that discussion paper in light of the consultation feedback received and changes in trade volumes and some costs. The reasons for this were:

• The volume of used vehicles, containers and general cargo had fallen further than anticipated;
• The Office of the Auditor- General had released its report on Managing biosecurity risks associated with high-risk sea containers recommending that MAF undertake additional work on containers;
• Some further costs had been identified.

Consequently, the shipping container levy was increased to enable more work to be undertaken on sea containers and the biosecurity risk screening levy was increased to fund more risk profiling effort and systems development as recommended by the Office of the Auditor-General report and further internal work. The hourly inspection rate was also increased slightly to ensure sustainability of the fees for the next 3 years.

The new charges under the Biosecurity (Costs) Regulations 2006 become effective from 7 September 2006. Imported goods that land in New Zealand and require biosecurity clearance from 7 September onwards will be charged the fees contained in the Biosecurity (Costs) Regulations 2006.

Importers will be able to pay in cash for fees incurred under the Biosecurity (Costs) Regulations 2006.

A charge for waiting time will be applied in the Biosecurity (Costs) Regulations 2006. This is payable at the applicable hourly rate for a MAF inspector or veterinary inspector for the time each inspector spends in waiting for the goods to become available.

Those being charged can minimise charges by ensuring compliance with the required standards and thus avoid additional inspections. Importers/transitional facilities can minimise charges by ensuring that risk goods are available for inspection at the time that has been booked, and that labour is provided for unpacking and repacking goods. Transitional facilities also need to be kept to the required standard.

Organism identification is costly work and the fees in the 2003 Regulations charged by the MAF Investigation and Diagnostic Centres (IDCs) did not reflect the true cost of the organism identification work. The fees for the identification of organisms provided by MAF IDCs are not set by the Biosecurity (Costs) Regulations 2006 but are contestable and subject to market forces. Where MAF Biosecurity New Zealand Clearance Service inspectors undertake an organism identification, this would be charged at $100 per hour.

MAFBNZ will apply the following organism identification charging policy for the Biosecurity (Costs) Regulations 2006:

• Organism identification required for risk profiling and other information gathering making purposes will be funded by the Crown;
• Importers will be required to pay for organism identification only where it is required to determine whether goods can be cleared for entry into New Zealand. The organism identification charge will be applied to all organisms, ie, regulated and non-regulated.

Travel zones fees have been introduced to ensure consistency nation-wide and to provide transparency for such fees. There are four zones. Each zone has been calculated to account for a return trip from the base site. MAF Biosecurity New Zealand Clearance Service has developed zone maps for each key location:

• Zone 1: $45 0-10 km radius
• Zone 2: $70 11-25 km
• Zone 3: $140 26-50 km
• Zone 4: $200 51-75km

Travel over 75 km is charged on the hourly rate of the inspector for the time that he or she has spent away from base, plus actual and reasonable costs. A zone fee will be applied for each visit. Where more than one inspection is undertaken during the same visit, the zone fee will be shared. If a subsequent re-inspection is required, then an extra zone fee will apply.

MAF anticipates that the new charges will stay in force for at least 3 years. The biosecurity risk screening levy, the shipping container levy and used vehicle inspection fees in the Biosecurity (Costs) Regulations 2006 are subject to memorandum accounting. Memorandum accounting means that if for example, trade volumes were to increase and MAF was to earn more funds than needed, excess funds can be carried forward to cover costs for the following year.

The biosecurity risk screening levy 2006 will not come into effect until 1 October 2006 in order to align with New Zealand Customs Service's monthly billing cycle to importers. In the intervening period, the import documentation fee of $28.70 (GST inclusive) will apply.

You should lodge your container information and quarantine declaration with MAF prior to the vessel arriving in New Zealand. This is to allow the necessary risk analysis to be done on your container before arrival, to minimize delays in New Zealand. To lodge the information electronically prior to making your import entry, you should use the dedicated Customs ECI report option (see Question 5). You will either receive a message back allowing your container to be taken to a MAF-approved transitional facility (see Question 6) or a message requiring you to contact MAF to make arrangements for a container inspection (see Questions 7, 8, 11). You may also make a manual application to MAF if you prefer.

At some ports with documented, MAF-approved equivalent biosecurity systems in place, otherwise low-risk containers may be transported from the wharf to an inland facility prior to presentation of the quarantine declaration. But you should still plan to lodge all information with MAF as early as possible, to avoid delays between unloading and transport from the wharf.

You should lodge your container information, including the quarantine declaration, with MAF prior to the vessel arriving in New Zealand. This is to allow the necessary risk analysis to be done on your container before arrival, to minimize delays in New Zealand. If you plan to lodge your Customs import entry late (e.g. after arrival of the vessel), you must still lodge details of the container with MAF (use the dedicated Customs ECI report, or make a manual application) before it is moved from the wharf.

At some ports with documented, MAF-approved equivalent biosecurity systems in place, otherwise low-risk containers may be transported from the wharf to an inland facility prior to presentation of the quarantine declaration. But you should still plan to lodge all information with MAF as early as possible, to avoid delays between unloading and transport from the wharf.

A small proportion of containers will be selected for an audit on a random basis. Such containers will be identified by the words "MAF AUDIT" in the message you receive from Customs. Fax a copy of the container Quarantine Declaration to your local MAF office immediately, but in all cases within 12 hours of receiving this message. Many audit containers will also require external and internal inspection by MAF as part of the audit. You should contact your local MAF office with an Application for a BACC accompanied by consignment information (Bill of Lading and invoice), ideally when you fax your container Quarantine Declaration, to make arrangements for inspection. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. Once these arrangements have been made, and any external requirements taken care of, MAF will issue a BACC allowing your container to move to an approved transitional facility.

Your container has goods that require MAF clearance. Contact your local MAF office with an Application for a BACC and appropriate documentation for the goods in your container. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. MAF will advise whether the goods require an inspection. Confirm the transitional facility to which the goods will go. MAF will issue a BACC allowing your container and goods to move off the wharf.

These words indicate that your container requires supervision of devanning by MAF. Contact your local MAF office with an Application for a BACC to confirm the transitional facility to which your container will go, and make an appointment for an officer to be present to supervise devanning. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container. MAF will prepare a BACC allowing your container to move to the transitional facility, where it must be held unopened until the MAF officer arrives.

These words indicate that your container requires one or more actions to be taken on the wharf. Once the action has been taken, MAF will issue a BACC allowing your container to move from the wharf. Contact your local MAF office with an Application for a BACC to confirm the transitional facility to which your container will go and the email address / fax number where they should send the BACC. You should have your Customs Client Reference number or ECI number on your application so MAF can look up your container.