New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 8 July 2003
| Public Act | 1987 No 88 |
| Date of assent | 13 June 1987 |
| Commencement | 13 June 1987 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
3 Establishment of Authorities
4 Authority to have certain powers of commission of inquiry
5 Reference of matters to Authority
6 Matters to be evaluated and taken into account by Authority
8 Remuneration and travelling expenses
9 Money to be appropriated by Parliament for the purposes of this Act
An Act to provide for the appointment of Temporary Safeguard Authorities and to define their functions
This Act may be cited as the Temporary Safeguard Authorities Act 1987.
In this Act, unless the context otherwise requires,—
Authority means a Temporary Safeguard Authority established under section 3
directly competitive goods, in relation to any goods, means goods that, as a matter of fact and commercial common sense, are substitutable for imported goods
duty has the same meaning as in section 2 of the Tariff Act 1988
industry, in relation to any goods, means—
(a) the New Zealand producers of like goods and directly competitive goods; or
(b) such New Zealand producers of like goods and directly competitive goods whose collective output constitutes a major proportion of the New Zealand production of those goods
like goods, in relation to any goods, means—
(a) other goods that are like those goods in all respects; or
(b) in the absence of goods referred to in paragraph (a), goods which have characteristics closely resembling those goods
Minister means the Minister of Commerce
rate of duty has the same meaning as in section 2 of the Tariff Act 1988
serious injury means significant overall impairment to the economic viability of a domestic industry
tariff has the same meaning as in section 2 of the Tariff Act 1988
working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and
(c) if 1 January falls on a Friday, the following Monday; and
(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday
WTO Agreement means the Agreement establishing the World Trade Organization adopted at Marrakesh on 15 April 1994.
Section 2: substituted, on 1 January 1995, by section 2 of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
(1) The Minister may from time to time appoint such persons as the Minister thinks fit to be Temporary Safeguard Authorities for the purposes of this Act.
(2) Any person appointed as an Authority or as a member of an Authority shall be appointed for such term, not exceeding 3 years, as may be specified in the instrument of appointment of that Authority, and may from time to time be reappointed, or may at any time be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister, or may at any time resign the office by writing addressed to the Minister.
(3) No person appointed under this section shall exercise any functions of an Authority in respect of any matter in which that person has, directly or indirectly, any pecuniary interest apart from any interest in common with the public.
(4) No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person being an Authority or a member of an Authority.
(5) The Ministry of Economic Development shall be responsible for ensuring that each Temporary Safeguard Authority is provided, whether by secondment or otherwise, with such secretarial and other services as are necessary to enable the Authority to carry out any inquiry under this Act and to report as efficiently and expeditiously as possible.
Section 3(2): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 3(4): amended, on 1 April 1988, by section 88(2) of the State Sector Act 1988 (1988 No 20).
Section 3(5): amended, on 7 September 2000, by section 8(1) of the Ministry of Economic Development Act 2000 (2000 No 28).
Section 3(5): amended, on 1 December 1988, by section 4(1) of the Trade and Industry Act Repeal Act 1988 (1988 No 156).
For the purposes of an inquiry pursuant to section 5(1), sections 4A, 4B, 4C, 4D, 5, 6, 7, 8, and 9 of the Commissions of Inquiry Act 1908 shall apply to every Authority as if it were a commission of inquiry established under that Act.
(1) Where it appears to the Minister that the importation of any goods has caused or may cause serious injury to an industry, the Minister may request an Authority to undertake an inquiry in relation to the importation of the goods and to report on the following matters:
(a) whether the industry has suffered or is likely to suffer serious injury as a result of the importation of the goods having regard to the matters set out in section 6; and
(b) if the industry has suffered or is likely to suffer such injury,—
(i) whether urgent action is necessary to protect the industry in relation to the importation of the goods; and
(ii) if such action is considered necessary, the nature of the protection that is considered by the Authority to be appropriate in all the circumstances, and the extent and duration of such protection.
(2) The Minister shall cause every request made to an Authority under subsection (1) to be published in the Gazette as soon as practicable after making it, and shall lay a copy of it before the House of Representatives.
(3) Subject to section 3(3), on receipt of the request the Authority shall forthwith undertake the inquiry.
(4) The Authority shall, in such manner as it thinks fit, call for submissions from persons having an interest in the matters that are the subject of the inquiry and may specify a date by which any submissions must be received by the Authority.
(5) The Authority shall, in the course of the inquiry, consider any submissions received in response to a call for submissions made pursuant to subsection (4).
(6) Unless the information is confidential or may be withheld under the Official Information Act 1982, persons having an interest in the matters that are the subject of the inquiry shall have access to all information relevant to the inquiry.
(7) Where a person has submitted information to the Authority, and has shown good cause for the Authority to believe—
(a) that the information would be of significant competitive advantage to a competitor of, or the disclosure of the information would have a significantly adverse effect upon,—
(i) the person who submitted the information; or
(ii) the person from whom the information was acquired by the person who submitted the information; or
(iii) any person to whom the information relates; or
(b) that the information should otherwise be treated as confidential,—
the Authority shall not disclose that information, whether in a report under section 7 or otherwise, without the specific permission of any such person that would be adversely affected by its release.
(8) The Authority may request persons who have submitted confidential information to provide—
(a) a non-confidential summary of the information; or
(b) if it is claimed that the information is not susceptible of such a summary, a statement of the reasons why such a summary cannot be provided,—
and the Authority may disregard any information in respect of which the person submitting it fails to provide either a satisfactory summary or satisfactory reasons why such a summary cannot be provided.
Section 5(1): amended, on 1 January 1995, by section 3(1)(a) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 5(1): amended, on 1 January 1995, by section 3(1)(b) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 5(1)(a): amended, on 1 January 1995, by section 3(1)(a) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 5(6): added, on 1 January 1995, by section 3(2) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 5(7): added, on 1 January 1995, by section 3(2) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 5(8): added, on 1 January 1995, by section 3(2) of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
(1) In determining for the purposes of section 5(1)(a) whether an industry has suffered or is likely to suffer serious injury as a result of the importation of goods, the Authority shall (without limiting the matters it may consider) evaluate the following matters:
(a) the rate and amount of the increase in the volume and value of imports of the goods, in absolute and relative terms:
(b) the economic impact of the increased importation of the goods on the industry, including actual and potential decline in output, sales, market share, profits, productivity, employment, and utilisation of production capacity:
(c) factors other than the imports which have injured, or are injuring, the industry:
(d) the nature and extent of importations of the goods, including the value, quantity, frequency, and purpose of the importation, by New Zealand producers of like or directly competitive goods.
(2) The Minister may cause a statement of Government policy (which may include policies relating to international obligations) to be transmitted to the Authority, and shall publish that statement in the Gazette as soon as practicable after transmitting it to the Authority.
(3) The Authority shall take into account any statement transmitted to it under subsection (2) in its report to the Minister under section 7.
Section 6: substituted, on 1 January 1995, by section 4 of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
(1) An Authority which undertakes an inquiry under section 5 shall as soon as practicable, but not later than 30 working days after the date on which it received the request for the inquiry, report to the Minister on the matters that are the subject of the inquiry.
(2) An Authority may report to the Minister that urgent action is necessary in relation to the importation of goods only if it is satisfied, having regard to the matters set out in section 6(1), that—
(a) the importation of the goods is causing or will cause serious injury to the industry; and
(b) that serious injury is not attributable to factors other than the importation of the goods; and
(c) it is not practicable for the industry to reduce the injury resulting from the importation by other measures of adjustment to such extent that urgent action would be unnecessary.
(3) If the Authority reports that urgent action is necessary to protect the industry from serious injury in relation to the importation of the goods, it may recommend that any or all of the following measures be taken, if such measures are not incompatible with New Zealand's obligations as a party to the WTO Agreement:
(a) the imposition of any duty, or variation of any rate of duty, or exemption from any duty:
(b) the restriction of the importation of the goods under the Customs and Excise Act 1996 or the Imports and Exports (Restrictions) Act 1988:
(c) any other action it considers appropriate.
(4) In making any recommendation, the Authority shall also report what should be the rate, extent, and duration of any measures recommended by the Authority, as long as such rate, extent, and duration are not incompatible with New Zealand's obligations as a party to the WTO Agreement.
(5) The Authority shall, as soon as practicable after making its report to the Minister, cause the report to be published.
Section 7: substituted, on 1 January 1995, by section 5 of the Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130).
Section 7(3)(b): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 7(3)(b): amended, on 8 July 2003, by section 11 of the Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36).
(1) Every Authority established under this Act is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2) There shall be paid to members of Authorities remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.
(1) No proceedings, civil or criminal, shall lie against an Authority for anything it may do or fail to do in the course of the exercise or intended exercise of its functions, unless it is shown that the Authority acted without reasonable care or in bad faith.
(2) No proceedings, civil or criminal, shall lie against any person who is an Authority, or any officer of an Authority, for anything that person may do or say or fail to do or say in the course of the operations of the Authority, unless it is shown that that person acted in bad faith.
Amendment(s) incorporated in the Act(s).
(1) The enactments set out in the Schedule are hereby repealed.
(2) The provisions of sections 10A to 10E of the Industries Development Commission Act 1961 shall, notwithstanding the repeal of that Act by subsection (1), for the purposes of the completion of any inquiry undertaken by an Emergency Protection Authority before the commencement of this Act, continue to apply as if subsection (1) had not been enacted.
Schedule |
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Temporary Safeguard Authorities Act 1987. The reprint incorporates all the amendments to the Act as at 8 July 2003, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ 
.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Imports and Exports (Restrictions) Amendment Act 2003 (2003 No 36): section 11
Human Rights Amendment Act 2001 (2001 No 96): section 70(1)
Ministry of Economic Development Act 2000 (2000 No 28): section 8(1)
Customs and Excise Act 1996 (1996 No 27): section 289(1)
Temporary Safeguard Authorities Amendment Act 1994 (1994 No 130)
Trade and Industry Act Repeal Act 1988 (1988 No 156): section 4(1)
State Sector Act 1988 (1988 No 20): section 88(2)
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