Notice Type
Authorities/Other Agencies of State
``NEW ZEALAND DAIRY BOARD At its meeting on 31st March 1994, the Dairy Board resolved to: (a) approve the Access Code for the National Dairy Herd Improvement Database as set out below, to take effect from 1 May 1994; (b) appoint the Livestock Improvement Corporation Limited as the Database Manager of the National Dairy Herd Improvement Database. J. B. Murray, Secretary, New Zealand Dairy Board''. ACCESS CODE FOR THE NATIONAL DAIRY HERD IMPROVEMENT DATABASE Background Under the Dairy Board Act 1961 the New Zealand Dairy Board (``NZDB'') is charged with the development of the New Zealand dairy industry with a view to maintaining and improving the standard of quality, and expanding production, of the stock or produce derived from that industry, and generally ensuring as far as may be practicable the adoption of measures and practices designed to promote greater efficiency in the dairy industry in furtherance of the interests and welfare of persons engaged in it. As a consequence, the NZDB initially through its Livestock Improvement Division and latterly through Livestock Improvement Corporation Limited (LIC) has established and continues to maintain a single database, (the ``Database'') now known as the National Dairy Herd Improvement Database, to facilitate the efficient collation, storage and use of information it has acquired on the New Zealand dairy industry generally for the efficient implementation of that industry's Herd Improvement Plan. The Database is now an extremely valuable record or library of information which LIC continues to accumulate, hold and use for the benefit of the industry as a whole. It contains among other things, valuable data on mating, calving, identification, location, indicators of genetic merit, production traits, traits other than production for or concerning a large part of that industry. It is intended to continue to enhance and expand that library of data with such other information as may be considered appropriate for those purposes and for the continuing overall benefit of the New Zealand dairy industry. The Database facility is currently owned by LIC. It has been appointed by NZDB to manage the Database and as Database Manager to be the industry's custodian of that data. LIC has proprietary rights over much of the information contained in the Database as well as having responsibilities for ensuring the integrity and security of the Database as a whole and the accuracy, validity and completeness of the information held or derived. In 1991 the operation of the Database was the subject of an extensive review by a Committee which included representatives of the New Zealand dairy industry and was chaired by Mr K J Macdonald. On the recommendation of that Committee, the NZDB has established a Dairy Herd Improvement Tribunal (the ``Tribunal'') as an independent body to develop guidelines and conditions for access to the information contained in that Database and to mediate on issues referred to it by any party relating to such. The Tribunal has accordingly developed this Access Code to set out, among other things, the powers and procedures of the Tribunal and to clarify that there shall be no access to the Database by any party except in accordance with the Access Principles set out in this Code. Applications for Access to Information 1.1 Any person or entity (the ``Applicant'') may apply for access to the Database as an individual or as a provider of a service in the form prescribed from time to time by the Tribunal to view (which includes to download or copy), add, delete or modify the information in the Database. 1.2 In dealing with any application the Tribunal may regulate its own process and may obtain and have regard to the advice or opinions of such persons as it may from time to time decide, but shall decide any application for access solely in accordance with the Access Principles set out in clause 2. 1.3 A decision on every access application shall (except in the case of a delegated authority under clause 1.6) be made by the Tribunal after consultation with the Database Manager who shall report whether the application complies with Access Principles and may recommend that: (a) the application be granted; (b) the application be rejected; (c) the application be accepted in part; or (d) the application be subject to conditions. 1.4 Where the Database Manager makes a recommendation under (b), (c) or (d) above, the Tribunal shall: (a) make available to the Applicant all information which will be taken into account by the Tribunal in reaching a decision; and (b) invite the Applicant to submit a written response to the Tribunal within 14 days of the date of the recommendation; and (c) advise the Applicant whether or not they may be heard. 1.5 After the expiry of the 14 days response time, the Tribunal: (a) may consider any information or factor it considers relevant, provided the Applicant has been notified in accordance with clause 1.4(c); (b) shall consider any submission of the Applicant made under 1.4; (c) may require the Applicant to supply information or evidence, additional to that provided in the Applicant's submission, to assist in reaching a decision; and (d) may seek to consult with the Applicant prior to finalising the Tribunal's decision in such a manner and at such time as it thinks proper. 1.6 (a) The Tribunal may in its discretion delegate to the Database Manager its decision-making power in respect of any particular application or category of applications subject to such conditions as the Tribunal may impose. In such cases the Database Manager may decide the application (rather than make recommendations) in accordance with the provisions of clause 1.3(a) to (d) inclusive, and in accordance with the Access Principles and procedures set out in clauses 2.2 and 2.3, or it may refer the application to the Tribunal for its determination as if the delegated authority did not apply. The Tribunal may at any time vary or revoke any delegated authority. (b) The Tribunal shall on application being made to it on appeal, provide an independent review of any decision made under any delegated power and deal with and decide the application as if that delegated power had not been given in respect of that application. 1.7 The Tribunal may without prior notice revoke any decision or authorisation at any time and that revocation shall have effect forthwith. As soon as practicable after such revocation the Tribunal shall give notice of and the reasons for its revocation to the applicant. The Access Principles No access without approval 2.1 There shall be no access to the Database by any party except as is approved by the Tribunal solely in accordance with the following Access Principles. 2.2 The Tribunal may allow access to the Database if it is first satisfied that any consequence of that access will advance any of the following objectives: (a) the promotion and organisation of the orderly development of the dairy industry in New Zealand; (b) the improvement of the standard of quality of the dairy stock in New Zealand; (c) the planning, promotion and the carrying out of testing to produce quality stock; (d) the development of artificial breeding for the improvement of New Zealand dairy stock; (e) the promotion of greater efficiencies in the New Zealand dairy industry in furtherance of the interests and welfare of persons engaged in that industry; or (f) the promotion and carrying out of any research or experimental work undertaken in New Zealand or elsewhere with a view to improving the quality of dairy stock in New Zealand. 2.3 In considering an application, the Tribunal may then have regard to any of the following: (a) the need to respect the commercial sensitivity or confidentiality of the information in the Database or the privacy of any provider; (b) the integrity or the security of the Database, including the accuracy, validity and completeness of any information held within; (c) compliance with or the upholding of any condition imposed on the Applicant's access to the Database; (d) the interests of any information supplier to the Database to obtain or modify that information; or (e) any other factor the Tribunal believes is consistent with the objectives of the Dairy Board Act 1961 and any Regulations made thereunder. Good reasons to refuse access 2.4 Without limiting the Tribunal's discretion to refuse access after consideration of the objectives in clause 2.2 and having had regard to the factors in clause 2.3, the Tribunal may reject an application and refuse access if: (a) the application is frivolous or vexatious, or the information requested is trivial; or (b) the information requested is not readily retrievable; or (c) the information requested is not held in the Database, cannot be found, or cannot be severed from other information which is unable to be disclosed; or (d) the granting of the application would significantly impair the efficient administration, or be a substantial drain on the resources, of the Database Manager. Information to be used only for the purpose requested 2.5 The applicant shall use the information obtained pursuant to any request only for the purposes stipulated in that application and for no other, and shall in each case satisfy the Tribunal that access to the Database will be only for the purpose for which the application was made. Publication of research 2.6 Where access has been for research, the Applicant shall not without the prior written consent of the Database Manager publish or disclose any of the results of that research which identifies or is capable of identifying the information which has been accessed from the Database and on which the research is based or if such publication or disclosure might in any way compromise any of the Access Principles. The Database Manager's consent shall be determined in accordance with the Access Principles. Public benefit override 2.7 In any case, the Tribunal may on its own application or upon request release information (subject to any conditions that the Tribunal thinks fit) from, or refuse access to, the Database, where the Tribunal is satisfied that access is required for any one or more of the following purposes: (a) any criminal proceedings; or (b) in the interests of the maintenance or protection of public health or safety. Conditions of Access 3.1 The Tribunal may impose, vary or revoke any conditions it deems appropriate, including without in any way limiting the power of the Tribunal: (a) an order for the Applicant to contribute to or pay any costs which either the Database Manager or the Tribunal may incur arising out of the access application or as a result of any grant of access; (b) the time when, and circumstances under which, access should be allowed; (c) the frequency of access to be granted or allowed; (d) in cases where data are to be provided, the form of any data to be provided, including whether or not it forms part of an existing service offered by the Database Manager; (e) any restrictions or limits on the use, disclosure or publication of information accessed from the Database; (f) the supply to, and use by, the Database Manager of any information which is the subject, or is derived as a consequence, of the access application in order to update or correct the Database; (g) any time limits on the provision of the information; (h) any procedures or process for managing any change to the requested information or the Database; or (i) a requirement that the Applicant provide such security, performance bond or undertaking as may be required by the Tribunal as a condition of access. Dispute Resolution 4.1 In addition to its decision-making powers in respect of an application, the Tribunal shall also (as the case may require) be empowered to investigate, mediate on, determine, or refer to conciliation or arbitration (subject to clauses 4.2 and 5.1 to 5.3) any issue arising out of an application or more generally relating to access to the Database, including on any recommendation, charge, term or condition on implementing access or on any amendment to the provisions in the Access Code. 4.2 If any dispute or difference arises between the Applicant, the NZDB, or the Database Manager as to any matter concerning or arising out of an access application, the parties to the dispute or difference shall in the first instance use their best efforts to resolve their dispute or difference by negotiation. If the dispute or difference is not resolved within 7 days, it shall be referred to the Tribunal which may then either refer it to conciliation or decide the issue in accordance with its own procedures as a submission to arbitration under the Arbitration Act 1908 and its amendments. Conciliation 5.1 For the purposes of clause 4.2, ``conciliation'' means the procedure whereby the Tribunal appoints a conciliator to assist the parties in an independent and impartial manner. The aim of such assistance is to reconcile their views on the dispute or difference in order to reach an amicable settlement or solution. If they are unable to reach such an agreement or solution, the conciliator may formulate the terms of its determination or proposal for a settlement or solution. Such determination or proposal shall be binding on both parties unless within 5 days one party notifies the other that it rejects the conciliator's determination or proposal. 5.2 The conciliation procedure shall be deemed to have terminated: (a) by the signing of a settlement agreement by the parties; or (b) by a written declaration of one party to the other and to the conciliator that the conciliation is terminated; or (c) by a written declaration by the conciliator to the parties that further efforts at conciliation are no longer justified; or (d) by the parties not objecting to the conciliator's determination or proposal within 5 days. 5.3 If the Tribunal refers any dispute or difference to conciliation and that process is terminated without agreement having been reached, then the Tribunal shall decide the issue by arbitration as described in clause 4.2. 5.4 The Applicant shall bear its own costs in respect of any referral to the Tribunal. 5.5 The decision of the Tribunal shall be final and binding on all parties. Dated the 31st day of March 1994. The Common Seal of New Zealand Dairy Board was hereunto affixed in the presence of: D. T. SPRING, Director. T. H. GIBSON, Director. J. B. MURRAY, Secretary. 100
Publication Date
21 Apr 1994

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