Criteria for Registration
Under Regulation 41 of the Deer Industry New Zealand Regulations 2004 ("the Regulations"), Deer Industry
New Zealand ("DINZ") specifies the following criteria for registration of a velvet processor (as defined in Regulation 3 of the Regulations) as a registered contract velvet processor:
1. The applicant for registration holds all necessary statutory licences, permissions and authorities to operate velvet packing houses.
2. The applicant for registration must satisfy DINZ that it has systems and procedures in place to ensure that:
(a) for each antler of velvet, or each part of velvet derived from each such antler, it processes on behalf of the owner of the velvet, that it identifies:
(i) the grade of the velvet when frozen;
(ii) the name and street address of the deer farmer from whom the velvet was obtained;
(iii) the date on which the contract velvet processor received the velvet;
(iv) the frozen weight of the velvet when received by the contract velvet processor; and
(v) the date on which the velvet leaves the premises of the contract velvet processor.
(b) records are maintained recording each of the matters listed in sub-clause (a) and any information required by DINZ to be provided in a return under Regulation 21 of the Regulations.
3. The applicant for registration must satisfy DINZ that it will have sufficient financial resources to be able to pay the levy under Regulation 25 of the Regulations in respect of velvet expected to be processed by the applicant on behalf of the owner of the velvet.
In addition, for information purposes only, DINZ advises that:
(a) applications for registration as a registered contract velvet processor must be made at least
30 days in advance (not counting the period from 24 December in one year to 15 January of the next year) of the first day of the month on which the applicant seeks to become a registered contract velvet processor.
(b) under the Regulations, DINZ has the power to make registration subject to any terms and conditions it thinks fit. Indicative terms and conditions are:
(i) The registered contract velvet processor must continue to hold the licences, permissions and authorities referred to in clause 1 above.
(ii) The registered contract velvet processor must continue to maintain the systems, processes and records required by clause 2 above, unless otherwise agreed by DINZ, such agreement by DINZ only to be in exceptional circumstances.
(iii) The registered contract velvet processor must provide a report within five working days of the end of each month setting out the information listed in clause 2 (a) above for all velvet processed in that month on behalf of the owner of the velvet.
(iv) The registered contract velvet processor must provide details to DINZ of any insurance held by it over product.
(v) If the registered contract velvet processor is a body corporate, it must advise DINZ of any significant change in its ownership or control.
(vi) The registered contract velvet processor must advise DINZ of any event that might affect its ability to pay the levy under Regulation 25 of the Regulations in respect of velvet expected to be processed by the registered contract velvet processor on behalf of the owner of the velvet.
(vii) The registration expires on 30 June of each year.
(viii) DINZ may add to or amend the terms and conditions of the registered contract velvet processor's registration at any time.
(ix) Registration may be terminated by DINZ with immediate effect if:
(1) any of the terms and conditions of registration are breached;
(2) the registered contract velvet processor fails to comply with any law relating to the processing, sale, export or other use of velvet;
(3) any levies payable under Regulation 25 of the Regulations are unpaid on the latest date for payment under Regulation 22 or 23 of the Regulations; and
(4) the registered contract velvet processor:
? ceases to be a velvet processor;
? is, becomes, or is deemed to be insolvent;
? is subject to dissolution or any resolution is passed or proceedings commenced for its dissolution;
? goes into receivership or has a receiver, trustee and/or manager (including a statutory manager) appointed in respect of all or any of its property; or
? is adjudicated bankrupt.
The actual terms and conditions of registration, and their wording, may differ from the above.
(c) registration of a velvet processor as a registered contract velvet processor does not imply any representation by DINZ as to the financial strength, credibility or business of the registrant. Registration is solely for the purpose of levy payment under Part 2 of the Regulations.
Dated at Wellington this 2nd day of December 2004.
M. LOZA, Chief Executive, Deer Industry New Zealand.