New Zealand Legislation: Acts

27 Restrictions on making of levy orders

• (1) The Minister must not recommend the making of a levy order unless he or she is satisfied that—

  • (a) the industry training organisation to which the levy will be payable has, within the previous 12 months, balloted all known members of the levy group, in accordance with sections 31 to 38, in relation to a proposal that the levy should be imposed on those members; and

  • (b) at least 60% of the ballot papers distributed were validly completed and returned to the independent returning officer conducting the ballot, before the closing date; and

  • (c) out of those ballot papers validly completed and returned,—

    • (i) more than 60% of the total supported the imposition of the levy; and

    • (ii) more than 60%, weighted according to the size of the industry member that returned the ballot paper (calculated at the date that the ballot closed and on the same basis as the levy is proposed to be charged, as set out in the ballot paper), supported the imposition of the levy; and

  • (d) the details specified in the order do not differ in any material way from those specified in the ballot paper; and

  • (e) the details specified in the order are acceptable to the Minister; and

  • (f) the industry training organisation has or will have in place adequate systems for accounting to qualifying members of the levy group for the expenditure of levy funds; and

  • (g) all other relevant matters known to the Minister have been properly considered.

  (2) When considering the matters in subsection (1), the Minister must consult with the Commission and may consult with any other persons the Minister considers appropriate.

  Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).