Primary Products Marketing Act 1953

Primary Products Marketing Act 1953

Public Act1953 No 10
Date of assent30 April 1953

An Act to provide for the establishment of Marketing Authorities for the purpose of regulating the marketing of primary products and to make provisions with respect to those Authorities

BE IT ENACTED by the General Assembly of New Zealand in Parliament, and by the authority of the same, as follows:

1 Short Title

  • This Act may be cited as the Primary Products Marketing Act 1953.

    This Act is administered in the Ministry of Agriculture and Fisheries; see section 3(2) Ministry of Agriculture and Fisheries Act 1953.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    Dairy Produce

    [Repealed]

    A definition of the term dairy produce was repealed by section 2(2) of the Primary Products Marketing Amendment Act 1954.

    Marketing Authority means any Board, Committee, Authority, or other body established as a Marketing Authority by regulations under this Act

    Minister means the new Minister

    Primary product means any product derived from—

    • (a) [Repealed]

    • (b) Bee keeping; or

    • (c) Fruit growing; or

    • (d) Hop growing; or

    • (e) Deer farming or game deer; or

    • (f) Goats, being the hair, bristles, or fibres of all kinds grown by the goat.

    Primary Product: This definition was substituted for the former definition (as substituted by section 2(1) Primary Products Marketing Amendment Act 1974 (1974 No 111), and as substituted on previous occasions by section 2(1) Primary Products Marketing Amendment Act 1972 (1972 No 93), section 2 Primary Products Marketing Amendment Act 1963 (1963 No 103) and section 2(1) Primary Products Marketing Amendment Act 1954) by section 2(1) Primary Products Marketing Amendment Act 1975.

    Paragraphs (d), (e), and (f) were substituted for the former paragraphs (d) and (e) (as inserted by section 2 Primary Products Marketing Amendment Act 1982 (1982 No 96)) by section 2(1) Primary Products Marketing Amendment Act 1983 (1983 No 85).

    Subsection (a) was repealed, as from 1 January 1983, by section 43(1) Pork Industry Board Act 1983 (1983 No 138).

    The words “responsible Ministry” were substituted, as from 1 July 1995, for the words “Ministry of Agriculture and Fisheries” pursuant to section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31). Those words were in turn substituted by the words “new Ministry”, as from 1 March 1998, pursuant to section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

3 Regulations

  • (1) For the purpose of providing for the marketing of primary products, and generally for the purpose of enabling the producers of primary products to control the marketing of the products that they produce, the Governor-General, on the recommendation of the Minister, may from time to time, by Order in Council, make all such regulations as may be considered necessary.

    (2) In particular, but without in any way limiting the generality of the authority conferred by subsection (1) hereof, regulations may be made under this section for all or any of the following purposes:

    • (a) Establishing Marketing Authorities and defining their functions:

    • (aa) Limiting the powers of Marketing Authorities:

    • (ab) Giving Marketing Authorities additional powers:

    • (b) Providing for the appointment of members of Marketing Authorities, whether pursuant to an election or otherwise:

    • (c) Providing for the elections of members of Marketing Authorities:

    • (d) Providing for such matters in relation to the membership and the management of the affairs of Marketing Authorities as may be considered necessary:

    • (e) Providing for the appointment of committees or sub-committees of Marketing Authorities and for the delegation of powers to any such committees or sub-committees:

    • (f) Providing for the acquisition of primary products by Marketing Authorities and for the marketing, whether in New Zealand or elsewhere, of primary products so acquired:

    • (g) Providing for all such matters relating to the prices to be paid and the method of payment for primary products acquired by Marketing Authorities as may be considered necessary:

    • (h) Providing for the regulation and control by Marketing Authorities of the marketing and distribution of primary products, whether or not those products have been acquired by a Marketing Authority:

    • (i) Providing for the appointment of agents by Marketing Authorities:

    • (j) Prescribing conditions to be observed by persons engaged in the production of primary products:

    • (k) Providing for the licensing of persons engaged in the production, sale, storage, or distribution of primary products and for the conditions subject to which licences may be granted, refused, transferred, renewed, or revoked:

    • (ka) [Repealed]

    • (kb) [Repealed]

    • (kc) [Repealed]

    • (l) Providing for the imposition, payment and disposition of levies on primary products, and, in the case of bee keeping, on hives:

    • (m) Providing for the payment of fees in respect of functions exercised by Marketing Authorities:

    • (n) Providing for the receipt and disposition of any money or assets of Marketing Authorities:

    • (na) Providing for the dissolution of any Marketing Authority and for all matters related to such a dissolution:

    • (o) Providing for the establishment of accounts by Marketing Authorities and for special funds or reserves within any such account:

    • (p) Prohibiting the sale of primary products except in accordance with the provisions of the regulations:

    • (q) Obtaining any information or particulars that may be required for the purposes of Marketing Authorities:

    • (r) Prescribing offences against the regulations and the penalties for any such offences.

    (3) The Minister shall not recommend the making of any regulations under this Act establishing a Marketing Authority unless he is satisfied, on such evidence as he considers adequate, that a majority of the persons engaged in the production of the primary product to which the proposed regulations relate are in favour of the establishment of a Marketing Authority in respect of that product.

    (4) [Repealed]

    (5) Any regulations made under this Act may apply generally throughout New Zealand or within any specified district or districts or part or parts thereof.

    (6) All regulations made under this Act shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which they are made.

    (7) Where regulations made under this Act provide for the payment of a levy to a Marketing Authority, they may also—

    • (a) Require every person liable to pay the levy, or every person of any kind or description liable to pay the levy, to keep (in relation to that person, or in relation to that person and some other matter or thing) at a registered bank within the meaning of the Reserve Bank of New Zealand Act 1989 a bank account (in this subsection and subsections (8) to (11) referred to as a trust account); and

    • (b) Require every person required to keep a trust account to—

      • (i) Ensure that it is so named as to identify the person (and, where appropriate, the matter or thing in respect of which it is kept) and that it is a trust account kept for the purposes of this subsection; and

      • (ii) Pay amounts into it; and

    • (c) Require every person required to keep a trust account to take all practicable steps to ensure that—

      • (i) It is used only for holding amounts required by the regulations to be paid into it; and

      • (ii) The balance in it on any day is not less than an amount calculated or ascertained in accordance with the regulations.

    (8) There is deemed to be held in trust for a Marketing Authority by a person required to keep a trust account—

    • (a) The amount referred to in subsection (7)(c)(ii) held in the account; or

    • (b) Where the amount held in the account is less than that amount, all the money in the account.

    (9) Money in a trust account that is deemed by subsection (8) to be held in trust for a Marketing Authority—

    • (a) Is not available for the payment of; and

    • (b) Is not liable to be attached or taken in execution at the instance of,—

    any creditor of the person required to keep the account.

    (10) Regulations made under this Act may require any person who would otherwise cease to be required to keep a trust account to continue to maintain it until all money required to be paid to the Marketing Authority concerned has been paid to it.

    (11) Nothing in subsection (10) limits or affects any obligation or liability under regulations made under this Act of any person who has acquired the business of a person who—

    • (a) Would otherwise cease to be required by those regulations to keep a trust account; but

    • (b) Is required by those regulations to continue to maintain it until all money required to be paid to the Marketing Authority concerned has been paid to it.

    Subsection (2)(a) was substituted, and subsection (2)(aa) and (ab) inserted, as from 29 September 1993, by section 4(1) Primary Products Marketing Amendment Act 1993 (1993 No 152).

    Subsection (2)(ka) was inserted by section 3 Primary Products Marketing Amendment Act 1975 (1975 No 99), and repealed by section 26(2)(b) Poultry Board Act 1980 (1980 No 50).

    Subsections (2)(kb) and (2)(kc) were inserted by section 2(1) Primary Products Marketing Amendment Act 1977 (1977 No 135) and repealed by section 26(2)(b) Poultry Board Act 1980 (1980 No 50).

    Subsection (2)(l) was substituted for the former paragraph (l) by section 3 Primary Products Marketing Amendment Act 1974. The words “, and, in the case of poultry farming, on laying birds” were added by section 3(2) Primary Products Marketing Amendment Act 1975 (1975 No 99), and omitted by section 26(2)(c) Poultry Board Act 1980 (1980 No 50).

    Subsection (2)(na) was inserted by section 2 Primary Products Marketing Amendment Act 1981 (1981 No 88).

    Subsection (4) was repealed, as from 29 September 1993, by section 2 Primary Products Marketing Amendment Act 1993 (1993 No 152).

    Subsection (6) was substituted, as from 1 January 1987, by section 27 Constitution Act 1986 (1986 No 114).

    Subsections (7) to (11) were inserted, as from 17 December 1997, by section 2 Primary Products Marketing Amendment Act 1997 (1997 No 108).

4 Regulations to expire unless confirmed by Act

  • (1) All regulations laid before the House of Representatives in any session of Parliament pursuant to section 3 of this Act shall expire on the close of the last day of that session except so far as they are expressly validated or confirmed by an Act of Parliament passed during that session.

    (2) Unless otherwise provided, the repeal of any Act passed pursuant to subsection (1) of this section shall not, of itself, affect the validity of any regulation validated or confirmed by the Act repealed.

    Subsection (1) was amended by section 27 Constitution Act 1986 (1986 No 114) by substituting the words “the House of Representatives in any session of Parliament” for the words “Parliament in any session”.

    Subsection (2) was added by section 3 Primary Products Marketing Amendment Act 1977 (1977 No 135).

5 Marketing Authorities to be bodies corporate

  • Every Marketing Authority is a body corporate, with perpetual succession and a common seal.

    Sections 5 and 5A were substituted, as from 29 September 1993, by section 3 Primary Products Marketing Amendment Act 1993 (1993 No 152).

5A Powers of Marketing Authorities

  • (1) Except as provided in this Act, every Marketing Authority has—

    • (a) The rights, powers, and privileges of a natural person; and

    • (b) The power to issue debentures; and

    • (c) The power to grant floating charges on its undertaking or property, or any of it; and

    • (d) The power to do any other thing it is authorised to do by—

      • (i) This Act; or

      • (ii) The regulations that established it; or

      • (iii) Any other enactment; or

      • (iv) Any rule of law.

    (2) A Marketing Authority does not have a power (whether or not it is a power of a natural person) if the regulations that established it provide that it does not have that power.

    (3) A Marketing Authority does not have a power (whether or not it is a power of a natural person) if the regulations that established it provide that its powers are limited to certain specified powers, or powers of a specified kind or description, that do not include that power.

    (4) A Marketing Authority shall not exercise any of its rights, powers, or privileges except for the purpose of—

    • (a) Performing its functions; or

    • (b) Entering into any financial transaction or financial obligation intended to—

      • (i) Avoid or lessen any present or possible future risk to the Authority's current or future income or assets; or

      • (ii) Lessen any liability of the Authority; or

      • (iii) Avoid or lessen any possible future liability of the Authority; or

      • (iv) Maximise the Authority's current or future income (whether net or gross).

    (5) Paragraphs (b) to (d) of subsection (1) of this section do not affect the generality of paragraph (a) of that subsection.

    Sections 5 and 5A were substituted for the original section 5 by section 3 Primary Products Marketing Amendment Act 1993 (1993 No 152).

6 Contracts of Marketing Authorities

  • (1) Subject to subsection (2) of this section,—

    • (a) Any contract that, if made between private persons, must be by deed shall, if made by a Marketing Authority, be in writing under the Authority's common seal; and

    • (b) Any contract that, if made between private persons, must be signed by the parties to be charged therewith shall, if made by a Marketing Authority, be either—

      • (i) Under the Authority's common seal; or

      • (ii) Signed by a person acting on behalf of and with the express or implied authority of the Authority; and

    • (c) Any contract that, if made between private persons, may be made orally, may be similarly made by or on behalf of a Marketing Authority by any person acting on behalf of and with the express or implied authority of the Authority.

    (2) Notwithstanding subsection (1) of this section,—

    • (a) No contract made by or on behalf of a Marketing Authority shall be invalid by reason only that it was not made in a manner provided by that subsection, if it was made pursuant to a resolution of the Authority or to give effect to a resolution of the Authority; and

    • (b) A Marketing Authority may, by writing under its common seal, empower any person, either generally or in respect of any specified matter, to execute on its behalf in any place in or beyond New Zealand, instruments under or for the purposes of this Act; and an instrument executed by such an attorney on behalf of the Authority,—

      • (i) Shall bind the Authority; and

      • (ii) If executed as a deed, shall have effect as if it were under the Authority's common seal.

    Section 6 was substituted, as from 29 September 1993, by section 5 Primary Products Marketing Amendment Act 1993 (1993 No 152).

7 Appointment of officers

  • (1) A Marketing Authority may appoint such officers as it deems necessary for the efficient carrying out of its functions and duties.

    (2) Any person in the service of the Crown may be appointed to be an officer of a Marketing Authority, but no person shall be entitled to hold office concurrently as an officer of a Marketing Authority and as a servant of the Crown except—

    • (a) In the case of a person subject to the State Sector Act 1988, with the consent of the State Services Commission; and

    • (b) In any other case, with the consent of the Minister of the Crown to whose control he is subject.

    In subsection (2)(a) the State Sector Act 1988 (1988 No 20) was substituted for a reference to the State Services Act 1962 (1962 No 132) pursuant to section 90(a) State Sector Act 1988. The reference to the State Services Act 1962 had earlier been substituted for the repealed Public Service Act 1912. The reference to the State Services Commission was substituted for a reference to the Public Service Commission by section 3(10) State Services Act 1962.

8 Marketing Authorities may subsidise superannuation schemes for staff

  • A Marketing Authority may, out of its funds, subsidise, for the purpose of providing superannuation or retiring allowances for the members of its staff or any of them, any fund or scheme.

    Section 8 was substituted, as from 30 March 1987, by section 2 Primary Products Marketing Amendment Act 1987 (1987 No 48).

9 Remuneration and travelling expenses

  • A Marketing Authority may pay to its members, and to the members of any committee or subcommittee of the Marketing Authority, such fees, salary, allowances, and travelling allowances and expenses, as the Marketing Authority by resolution from time to time determines.

    Section 9 was substituted, as from 11 June 1985, by section 2 Primary Products Marketing Amendment Act 1985 (1985 No 95).

10 Borrowing by Marketing Authority

  • [Repealed]

    Section 10 was repealed, as from 29 September 1993, by section 6(a) Primary Products Marketing Amendment Act 1993 (1993 No 152).

    Subsection (1)(b) of the original section 10 was amended, as from 1 April 1978, by section 150(a) Public Finance Act 1977 (1977 No 65) by substituting the words “pursuant to section 86 of the Public Finance Act 1977” for the words “upon or subject to such terms and conditions as the Minister of Finance thinks fit”.

    Subsection (1)(b) was further amended, as from 1 July 1989, by section 36 Public Finance Act 1989 (1989 No 44) by substituting the words “pursuant to the Public Finance Act 1989” for the words “pursuant to section 86 of the Public Finance Act 1977”.

    Subsection (2) of the original section 10 was substituted, as from 1 April 1978, by section 150(b) Public Finance Act 1977 (1977 No 65).

    Subsection (2) was amended, as from 1 July 1989, by section 36 Public Finance Act 1989 (1989 No 44) by substituting the word “public” for the words “the Consolidated Account or the Loans Account from”.

11 Annual report and accounts to be presented to Parliament

  • (1) Every Marketing Authority shall, in each year, as soon as practicable after the date of the end of its financial year, furnish to the Minister a report of its proceedings and operations for the year ended on that date, together with a copy of its audited accounts for that year.

    (2) The date of the end of the financial year of each Marketing Authority shall be prescribed by the regulations establishing that Authority.

    (3) A copy of the report and of the audited accounts shall be laid before the House of Representatives as soon as practicable after their receipt by the Minister.

    In subsection (1) the word “audited” was inserted by section 4(1) Primary Products Marketing Amendment Act 1977 (1977 No 135).

    Subsection (3) was substituted, by section 4(2) Primary Products Marketing Amendment Act 1977 (1977 No 135). It was amended by section 27 Constitution Act 1986 (1986 No 114) by substituting the words “the House of Representatives”.

12 Auditor-General to be auditor of Marketing Authority

  • Every Marketing Authority is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

    Section 12 was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

13 Investments

  • [Repealed]

    Section 13 was repealed, as from 29 September 1993, by section 7 Primary Products Marketing Amendment Act 1993 (1993 No 152)

14 Offences

  • (1) Every person who commits or attempts to commit or does any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit any offence against any regulations made under this Act for which no specific penalty is prescribed in the regulations shall be liable on summary conviction to a fine not exceeding $400, in the case of an individual, and, in the case of a company or other corporation, to a fine not exceeding $2,000.

    (2) No penalty in excess of that provided in subsection (1) of this section shall be prescribed in any regulations under this Act.

    In subsection (1) the expression “$400” was substituted for the expression “£200” and the expression “$2,000” was substituted for the expression “£1000” by section 7 Decimal Currency Act 1964 (1964 No 27).

15 Protection of persons acting under authority of this Act or of regulations thereunder

  • Except as otherwise expressly provided in regulations under this Act, no action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Crown, or any officer or person acting in the execution or intended execution of this Act or any regulations thereunder for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of anything done or purporting to be done under the authority of this Act or of any regulations thereunder.

16 Marketing Authority exempt from taxation

  • [Repealed]

    Section 16 was repealed, as from 1 April 1990, by section 10 Land Tax Amendment Act 1989 (1989 No 50).

    The reference to social security income tax was substituted for a reference to the social security charge by section 5(4) of the Income Tax Assessment Act 1957.

17 Marketing Authority to comply with trade policy and directions of Government

  • In the exercise of its functions and powers, a Marketing Authority shall comply with the general trade policy of the Government of New Zealand, and shall comply with any general or special directions given by the Minister to the Marketing Authority pursuant to the policy of the Government in relation thereto.