17 AUGUST
NEW ZEALAND GAZETTE
2273

reported to represent to be other than representative of the normal production for the cow for that period;

(d) Where a cow or a group of cows from a herd are separated from the rest of the herd and/or receive different treatment or management, such separation or differing treatment is advised to the database manager;

(e) The milk tested or the sample taken 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; and

(f) Any abnormalities associated with the production of an individual cow or the quality/treatment of samples used for milk analysis are indicated by use of the appropriate codes.

2.5 The Licence Holder shall ensure that the equipment and methods used for the purposes of sampling, measuring and analysing milk meet the required operating and accuracy specifications as 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 at 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 cow number and if known the birth identification of the dam, together with sequence number, sex, fate, and if known birth identification, sire (AB code identification, or herdbook identification, or birth identification), and if recorded for the calf a comment code.

“birth identification”:

means for each animal identified by this method a participant identification, year digits and sequence number.

“calving details”:

means in each herd for every cow calving, the cow number and if known the birth identification of the cow, together with the date, number born, and if known, the assistance given.

“conciliation”:

means the following procedure whereby the Tribunal refers a dispute or difference to a conciliator. In the event of a referral to conciliation under clause 7 of these Conditions, the conciliator shall forthwith assist the parties in an independent and impartial manner to reconcile their views on the dispute or difference 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.

The conciliation procedure shall be deemed to have terminated:

(i) by the signing of a settlement agreement by the parties; or