NEW ZEALAND GAZETTE

No. 137

New Zealand Dairy Board

Dairy Board Act 1961

New Zealand Dairy Board

At its meeting on the 24th day of August 1999 the Dairy Board resolved to revoke the access code for the National Dairy Herd Improvement Database as approved by the Dairy Board on 31 March 1994 (Gazette notice No. 2947 of 21 April 1994, No. 36, page 1408) and reissue it with amendments as set out below to take effect from the date of the Gazette notice (board resolution No. 11164).

LLOYD KAVANAGH, Corporate 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 subsequently through Livestock Improvement Corporation Limited (LIC) 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 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 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 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 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.

Application for Access to Information

1.1 Any person or entity (the “applicant”) may apply for access to the database to the database manager 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. The database manager shall advise the tribunal, in writing, within 3 days of receipt of an application, that it has received an application subject to clauses 1.2 and 1.4 below. The database manager must make its report to the tribunal in terms of clause 1.5 below within 28 days of receipt of an application from the applicant. The database manager’s report to the tribunal must describe the data requested by the applicant, the format in which it is sought, any special access requirements, the delivery medium and data and costs that the database manager will incur in processing the application and making the information available.

1.2 Where the database manager determines that it cannot process the application within the 28 day period referred to in clause 1.1, due to additional information being required from the applicant, the database manager will so advise the tribunal, in writing, and seek the information required from the applicant within 28 days of such request to the applicant. Upon receipt of the required information, then the database manager will deal with the application under clause 1.1 above.

1.3 The tribunal will, from time to time, appoint an independent technical expert to assist it in considering applications for access to the database. The database manager may recommend an appropriately qualified person to the tribunal. The tribunal may accept that nomination if it agrees with it or select a person itself. The tribunal will advise the database manager of the person appointed by it as the independent technical expert.

1.4 The independent technical expert will be engaged to assist the tribunal where the database manager considers that an application for access should be rejected or accepted in part only. On those occasions the database manager will, as soon as practicable, contact the independent technical expert and ask that person to provide an independent opinion to the tribunal. The database manager will advise the tribunal in all cases where it contacts the independent expert. In these cases, the report of the database manager will be submitted to the tribunal at the same time as the independent technical expert’s. The database manager will request the independent technical expert to provide its opinion, so that the 28 day period referred to in clause 1.1 can be met. If that is not practicable, then the period shall be extended appropriately, so as to allow the independent technical expert to complete its opinion and the database manager will so advise the tribunal of the delay.

1.5 In dealing with any application the tribunal may regulate the process to be followed by the database manager and 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. The tribunal may, among other matters, permit the database manager to charge the applicant a fee to recover its costs in relation to dealing with the application and a fee for the information provided together with a fee to recover the costs of the independent technical expert.