Biosecurity (National Bovine Tuberculosis Pest Management Plan) Order 1998

  • This version was replaced on 26 May 2017 to make a correction to clause 12C(1)(c)(ii) under section 25(1)(j)(iii) of the Legislation Act 2012.
  • Previous title has changed
2 Interpretation

(1)

In this order, unless the context otherwise requires,—

accredited person means a person accredited under section 103(7) of the Act

Act means the Biosecurity Act 1993

approved,—

(a)

in relation to a test for bovine tuberculosis, means approved by a chief technical officer:

(b)

in relation to a diagnostic laboratory, means approved by a chief technical officer

authorised person means a person, appointed under section 103(1)(b) of the Act for the purposes of the plan

breakdown means changing a herd’s status from uninfected herd to infected herd

cattle means any animal of the family Bovidae, subfamily Bovinae

chief technical officer means a chief technical officer appointed under section 101(1) of the Act

common costs means the administrative costs of the plan; and includes costs of information, education, research and development, and advice and assistance in relation to bovine tuberculosis

Deer Industry New Zealand means the body established as Deer Industry New Zealand under regulation 4 of the Deer Industry New Zealand Regulations 2004

disease control means any action taken for the purpose of—

(a)

identifying and monitoring the distribution of bovine tuberculosis in domesticated animals or farmed animals; or

(b)

preventing the spread of bovine tuberculosis between domesticated animals or farmed animals; or

(c)

eradicating bovine tuberculosis from domesticated animals or farmed animals

financial year means the year ending 30 June

herd means a group of cattle or deer, or cattle and deer that is—

(a)

managed as 1 unit; or

(b)

kept within the same enclosure or behind the same fence

herd of origin means the herd with which a cattle beast or a deer is, for the time being, grazing

identification system has the meaning given to it in the Biosecurity (Animal Identification Systems) Regulations 1999

infected herd means a herd that includes, or has included, 1 or more animals—

(a)

that has reacted positively to an approved test for bovine tuberculosis; or

(b)

that exhibits gross bovine tuberculosis lesions; or

(c)

from which a tissue specimen has been taken, and histopathology or a culture analysis based on that tissue demonstrates the presence of bovine tuberculosis;—

and, in respect of that herd, the information available from the subsequent testing or the subsequent inspection of carcasses of animals is not sufficient to exclude the likelihood that bovine tuberculosis remains in animals within the herd

person in charge, in relation to an animal, includes a person who has the animal in his or her possession or custody, or under his or her care, control, or supervision

plan means the National Bovine Tuberculosis Pest Management Plan made by this order

TBfree New Zealand means TBfree New Zealand Limited

test means a procedure to establish the presence or absence of bovine tuberculosis, carried out on—

(a)

any animal; or

(b)

any blood or serum sample taken from any animal; or

(c)

any tissue sample taken from any animal

tuberculosis vector risk area means an area classified by TBfree New Zealand (or, before 1 July 2013, by the Animal Health Board (Incorporated)) as an area where vectors are present and have the potential to infect herds

vector means an animal that is not kept within an enclosure or behind a fence and that is known or suspected by TBfree New Zealand to be capable of harbouring the pest

vector control means any action taken for the purpose of—

(a)

preventing the spread of bovine tuberculosis between vectors; or

(b)

preventing the spread of bovine tuberculosis from vectors to domesticated or farmed animals; or

(c)

eradicating bovine tuberculosis from vectors

veterinarian means a person registered as a veterinarian or a specialist under the Veterinarians Act 2005.

(2)

Unless the context otherwise requires, terms and expressions that are not defined in this order but that are defined in the Act have the same meaning as in the Act.

Clause 2(1) authorised person: amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Clause 2(1) Board: revoked, on 1 July 2013, by clause 4(1) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2013 (SR 2013/203).

Clause 2(1) breakdown: inserted, on 30 September 2004, by clause 3(1) of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2004 (SR 2004/271).

Clause 2(1) cattle: amended, on 26 May 2011, by clause 4 of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order (No 2) 2011 (SR 2011/151).

Clause 2(1) common costs: amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Clause 2(1) Deer Industry New Zealand: inserted, on 1 July 2016, by clause 4(2) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 (LI 2016/112).

Clause 2(1) financial year: inserted, on 1 July 2016, by clause 4(2) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 (LI 2016/112).

Clause 2(1) herd: substituted, on 30 September 2004, by clause 3(2) of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2004 (SR 2004/271).

Clause 2(1) herd of origin: inserted, on 30 September 2004, by clause 3(2) of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2004 (SR 2004/271).

Clause 2(1) identification system: inserted, on 1 July 2011, by clause 4 of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2011 (SR 2011/150).

Clause 2(1) person in charge: inserted, on 30 September 2004, by clause 3(3) of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2004 (SR 2004/271).

Clause 2(1) plan: inserted, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Clause 2(1) strategy: revoked, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Clause 2(1) TBfree New Zealand: inserted, on 1 July 2013, by clause 4(2) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2013 (SR 2013/203).

Clause 2(1) test: inserted, on 30 September 2004, by clause 3(4) of the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Amendment Order 2004 (SR 2004/271).

Clause 2(1) tuberculosis vector free area: revoked, on 1 July 2016, by clause 4(1) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2016 (LI 2016/112).

Clause 2(1) tuberculosis vector risk area: amended, on 1 July 2013, by clause 4(4) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2013 (SR 2013/203).

Clause 2(1) vector: amended, on 1 July 2013, by clause 4(5) of the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Amendment Order 2013 (SR 2013/203).

Clause 2(1) veterinarian: amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).