FAQs related to Requirements for the Audit of Sea Containers

Is following the examples in the guidance document mandatory?

The examples in the guidance document have been provided as a set of acceptable solutions to meeting the Standard. If you do not want to follow the solutions as provided, you may develop your own procedures tailored to your facility. However these must be deemed acceptable by an Inspector before they are put into use at a facility.

What is the System of Equivalence for standard requirements?

The TF Gen guidance document provides ways to meet the requirements of the Standard. If the examples shown in the guidance document are not appropriate for a particular facility, then they may devise their own equivalent systems to suit their specific needs. However, any equivalence systems must meet the same biosecurity outcome as examples given, and must also be approved by MAFBNZ prior to use. If you have developed a customised system, contact your local Biosecurity Inspector who can assess whether or not it is appropriate.

How do I register my feedback for the TF Gen standard requirements?
Send any feedback to standards@maf.govt.nz. MAFBNZ welcomes any comments you may have.
Do I need an Accredited Person?

If you are receiving sea containers then you will need access to sufficient numbers of Accredited Persons (APs) to check sea containers at a transitional facility. More information on AP training and who to contact to organise this training can be found on the list of providers for Biosecurity Awareness Training for Accredited Persons.

Do I need to appoint a Deputy Operator?

Under the TF Gen, if you are an Operator of more than one facility, the facility where you don't have direct day to day management should have a deputy Operator. Deputy operators are also required to take the Operator training course.

Where an Operator is intending to be away for any length of time, and a facility is receiving risk goods during this time of absence, the facility may require a Deputy Operator. If volumes of risk goods being received are low and an Operator is still contactable (eg by phone) then a deputy may not be necessary. Check with an Inspector if you are unsure.

How often do I have to retake Operator training?

Operator training needs to be refreshed every four years.

If I am already an approved Operator, am I still required to undertake the Operator training?

All existing and new Operators and Deputy Operators approved or audited against the TF Gen standard must take the Operator training course.

There are three Operator training providers, for details of Operator training go to the New Training Requirements for Operators of Transitional Facilities page.

What is the difference between Accredited Persons (AP) and Operator training requirements?

MAFBNZ currently has two different sets of training requirements for

  • Accredited Persons for sea container checks
  • Operators of transitional facilities

As they have different purposes, the training is not interchangeable and one course does not replace the other.

An Accredited Person checks sea containers on arrival at a transitional facility and must take the AP training course.

A facility Operator is the person whose name appears on the MAFBNZ Transitional Facility Operator approval certificate and is legally responsible for the management of the transitional facility. They must take the Operator training course.

To avoid confusion, when making a booking please ensure you are attending the correct training for your role. Also be sure to ask for a training location nearest to you.

I am an Operator of a transitional facility. Do I need to complete a police consent form?

If you are already an Operator approved under previous relevant Standards you do not have to submit the police check form. These are required for brand new Operator and Deputy Operator approvals once the standard is enforced.

Send the Consent to Disclosure of Information (police check) form with your application documents to the relevant MAF office. For office contact details around the country go to the Operations and Facilities Group Contact Details page.

What kind of signs do I need? Where should they be placed?

A clearly visible sign (or signs) will be required to let people know they are entering an approved Transitional Facility area, and only permitted persons are allowed access. They can be placed where they are most appropriate to your facility (eg entry ways). This will be checked by your MAFBNZ Inspector. An example sign is shown below.

When will the new standard become effective, and what is the deadline for my facility to meet the new requirements?

The new Standard is expected to be implemented in February 2009.

Starting February 2009, Inspectors will audit facilities against the new standard. Inspectors will issue corrective action request(s) (CARs) for facilities that do not meet the new requirements. CARs are expected to be followed-up within the timeframe agreed upon with the Inspector.

Your local MAFBNZ Inspector will be available to help you through this process and answer any questions you may have.

What are the rules for shade and shelter for livestock?

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.

Why are live sheep and cattle shipments still allowed?

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.

Are gin traps banned in New Zealand?

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.

Why aren't dry sow stalls and farrowing crates banned?

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 Link to PDF document (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.

Why haven't cages for hens been banned?

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 Link to PDF document (133 KB) and second Link to PDF document (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.

Why are horses allowed to be whipped in races?

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.

Are electric collars for dogs allowed?

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.

What are the rules for keeping animals in zoos?

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.

What are the rules for keeping animals in circuses?

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.

What is/where can I find the animal welfare legislation in New Zealand?

Animal welfare legislation can be found at www.legislation.govt.nz (offsite link to 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.

Leg-hold traps cannot be used in areas where there is probable risk of catching a companion animal. What is 'probable risk'?

Generally, a risk is "probable" if it is more likely than not to occur.

Whether it is probable that a companion animal would be caught in a certain area is a matter of judgment dependent on the particular circumstances. In trapping operations, both the trapper and the person in charge of or overseeing the operation are responsible for making this decision and for ensuring leg-hold traps are not set where there is a "probable risk". Obvious places where there may be a probable risk include parks, recreational areas, beaches, other places where people walk their dogs and places where pets are known to be kept. Particular consideration should be made in rural areas, in and around riverbeds, in roadside reserves and in known hunting areas, as these are areas where there may be pets and pest control is likely to occur. Please note this list of places where there may be "probable risk" is not exhaustive and is by way of example.

Persons setting leg-hold traps should refer to local bylaws and dog control policies for areas where dogs must be kept on a leash or otherwise controlled. It should be noted that measures may be taken to reduce the risk of capture of companion animals so that there is no longer a "probable risk". Such measures include, but are not limited to, the use of cubbies or other means of exclusion and appropriate placement of traps. Signage can be considered but should not be the only measure.

Please note this information is provided by way of general guidance only and does not constitute legal advice. Parties are advised to seek independent legal advice in relation to particular fact situations.

What should I do if I see a banned leg-hold trap being used, sold/set in an area where it is probable a pet would be caught?

Call MAF's animal welfare complaints hotline toll-free on 0800 008 333.

What does 'companion animal' mean in the Animal Welfare (Leg-hold Traps) Order?

An 'animal' (as defined by the Animal Welfare Act 1999) that is

    (a) Not a 'wild animal' (as defined by the Animal Welfare Act) or a 'pest' (as defined by the Animal Welfare Act) and that
    (b) lives with humans as a companion and is dependent on humans for its welfare.

Please note this information is provided by way of general guidance only and does not constitute legal advice. Parties are advised to seek independent legal advice in relation to particular fact situations.

Note: In the Animal Welfare Act 1999 (offsite link to www.legislation.govt.nz) (section 2):

"Animal" -

    (a) Means any live member of the animal kingdom that is -
    (i) A mammal; or
    (ii) A bird; or
    (iii) A reptile; or
    (iv) An amphibian; or
    (v) A fish (bony or cartilaginous); or
    (vi) Any octopus, squid, crab, lobster, or crayfish (including freshwater crayfish); or
    (vii) Any other member of the animal kingdom which is declared from time to time by the Governor-General, by Order in Council, to be an animal for the purposes of this Act;
    and
    (b) Includes any mammalian foetus, or any avian or reptilian pre-hatched young, that is in the last half of its period of gestation or development; and
    (c) Includes any marsupial pouch young; but
    (d) Does not include -
    (i)A human being; or
    (ii) Except as provided in paragraph (b) or paragraph (c) of this definition, any animal in the pre-natal, pre-hatched, larval, or other such developmental stage.

"Pest" means -

    (a) Any animal in a wild state that, subject to subsection (2), the Minister of Conservation declares, by notice in the Gazette, to be a pest for the purposes of this Act:
    (b) Any member of the family Mustelidae (except where held under a licence under regulations made under the Wildlife Act 1953 (offsite link to (http)):
    (c) Any feral cat:
    (d) Any feral dog:
    (e) Any feral rodent:
    (f) Any feral rabbit:
    (g) Any feral hare:
    (h) Any grass carp:
    (i) Any Koi or European carp:
    (j) Any silver carp:
    (k) Any mosquito fish:
    (l) Any animal in a wild state that is a pest or unwanted organism within the meaning of the Biosecurity Act 1993 (offsite link to www.legislation.govt.nz).

"Wild animal" has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977 (offsite link to www.legislation.govt.nz).

How do I apply for an exemption to use or sell a prohibited leg-hold trap?

The Minister of Agriculture may approve the use or sale of a leg-hold trap that would otherwise be prohibited only if he or she considers that the approval is in the public interest and no viable alternative is available in the circumstances. Matters in the public interest include for biosecurity, conservation, public health or animal health purposes.

Applications for an exemption must be made to the Director-General of MAF in the first instance. Applicants must provide relevant information to support their application. MAF will not be able to consider applications received without relevant supporting information.

An application form is available on Traps and Devices page. On the form, please note the timeframes you are working to and whether your application is urgent. MAF will endeavour to respond to applications within 15 working days.

Applications must be made in writing to:

  • Director-General
    Ministry of Agriculture and Forestry
    PO Box 2526
    WELLINGTON

or by email to: