1402 NEW ZEALAND GAZETTE No. 36

previous 12 month season for which the licence has been granted.

1.4 All data collected by the Licence Holder pursuant to a herd testing licence shall be supplied to the Database Manager and not to any other person, except as is otherwise permitted in accordance with the Access Code.

Integrity of Information

2.1 The Licence Holder shall ensure that all data it supplies are valid, accurate and complete in accordance with the Database Manager’s requirements.

2.2 The Licence Holder shall take out or maintain adequate insurance against any failure, breach or default of these Condition, by the Licence Holder and hereby indemnifies the NZDB in respect of all damages, costs, claims or expenses (including legal fees) incurred by or awarded or made against the NZDB and arising out of or in connection with such failure, default or breach.

2.3 The Licence Holder shall comply with all methods or systems of identification of farms, farmers, herds, animals, locations and stored genetic material and with all quality control procedures and record formats that may from time to time be required by the Database Manager.

2.4 The Licence Holder shall on request (but no more frequently than annually) demonstrate to the satisfaction of the Database Manager or the NZDB that it operates quality control procedures to ensure as far as is practicable, that the RDIPM for each animal is suitable for use in animal evaluation and for research, in that:

(a) the date of birth, identification, and birth details are accurate for each animal;

(b) the lactation identification and test day production detail information associated with each animal can be field verified to the specific cow;

(c) the cows tested are not treated in any way so as to cause the herd test results for the 24 hour period to be other than representative of the normal daily production for the cow;

(d) the milk tested to determine composition has not been modified in any way to cause the results of the composition analysis to be other than an accurate reflection of the production from the cow;

(e) any abnormalities associated with the production of an individual cow are indicated by use of the appropriate codes; and

(f) information is available for all lactating cows on a farm and that any cows with missing lactation and test day details are accounted for.

2.5 The Licence Holder shall ensure that the equipment and methods used for the purposes of sampling, measuring and analysing milk are only those approved for the purpose from time to time by the Database Manager and published in the New Zealand Gazette or as described in Appendix I.

Use of Information

3.1 The Database Manager shall not be obliged to enter any data into the Database unless it is satisfied that the data or the manner in which it has been supplied complies with these Conditions.

3.2 The NZDB or the Database Manager, acting on its behalf, shall be entitled to use any data supplied by a Licence Holder in any manner at any time as it sees fit provided that such use complies with the Access Code.

Licensed Territory

4.0 Each Licence Holder shall offer its service to all farmers within the boundaries fixed by the NZDB and annexed to its herd testing licence. If no boundaries are defined, the district shall be the whole of New Zealand.

Variations

5.0 The NZDB may, from time to time, change or revoke these Conditions or part of them provided that 60 days written notice of such changes or revocation has been given to each Licence Holder. Any revocation will be subject to clause 6 of these Conditions.

Cancellation

6.0 The NZDB may at any time cancel any herd testing licence if:

(a) the Licence Holder fails to remedy, within 30 days of having received a written notice requesting it to remedy, any non-compliance with the general intent of, or any default on any of its specific obligations under, these Conditions, including a failure to comply with any requirement in any Appendix; or

(b) after having given the Licence Holder 30 days notice to answer any allegations, the NZDB is of the opinion that any claim made or implied by the Licence Holder about the value or quality of the information is either false or materially misleading.

Dispute Resolution

7.1 In the event of any dispute or difference arising between the Licence Holder, the NZDB, or the Database Manager as to any matter concerning herd testing, either from these Conditions or otherwise, the parties to the dispute or difference shall in the first instance use their best efforts to resolve their dispute or difference by negotiation, but if the dispute or difference is not resolved within 7 days they shall refer it to the Dairy Herd Improvement Tribunal ("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.

7.2 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 the preceding paragraph.

7.3 Pending a reference to the Tribunal and its decision being made known, the Licence Holder shall have the option of the NZDB continue to perform all its obligations under these Conditions without prejudice.

7.4 The Tribunal's decision whether as a result of the conciliation or the arbitration procedure shall be final and binding on all parties.

Definitions

Unless the context otherwise requires:—

“Access Code”:
means the code developed by the Dairy Herd Improvement Tribunal to govern that Tribunal and the conditions of access to the National Dairy Herd Improvement Database.

“Appendix” or “Appendices”:
means the appendices relating to record formats, technical specifications or to other aspects of herd testing activities, annexed to and forming part of these Conditions.

“AB code identification”:
means for every animal identified by this method the unique code issued by the Database Manager for identification of bull semen used in New Zealand.

“birth details”:
means in each herd for each calf born at a calving, the test number or the birth identification of the dam, together with sequence number, sex, fate, and if known birth identification, sire (AB code identification), or herdbook