New Zealand Legislation: Acts

29 Purposes for which levy may be required

• (1) A levy order must specify the purposes for which levy funds are to be used.

  (2) A levy order may also specify any purpose or purposes for which no amount of levy may be used.

  (3) In specifying how levy funds are to be used, a levy order may specify 1 or more purposes that will benefit the levy group as a whole and that are related to meeting the costs (including infrastructure and administration costs) associated with—

  • (a) designing qualifications and setting skill standards for the relevant industry; and

  • (b) providing leadership in the relevant industry in matters relating to skill and training needs by identifying present and future skill needs and promoting training to meet those needs.

  (4) No levy order may specify a purpose for which levy funds may be used that is related to—

  • (a) meeting the costs of arranging delivery of industry training; or

  • (b) undertaking any commercial or trading activity; or

  • (c) any matter that directly benefits 1 or more individual members of the levy group, as opposed to generally benefiting the relevant industry as a whole.

  (5) Nothing in subsection (4)(b) prevents an industry training organisation from—

  • (a) using any part of a levy to publish or sell any educational, informative, or promotional material (whether or not at a profit); or

  • (b) investing any part of a levy pending its expenditure.

  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).