New Zealand Legislation: Acts

81E Regulations may impose levies

• (1) Regulations may be made under this Act, on the recommendation of the Minister, prescribing levies for the purposes of this Act.

  (2) Different levies or rates of levy or bases on which an amount of levy is to be calculated or ascertained may be prescribed for different purposes, and different levies or rates of levy or bases for calculation may be set for different classes or descriptions of agricultural compound, persons or businesses, operations, or other matters, or any combination of them.

  (3) Without limiting the generality of subsection (1), regulations imposing levies may—

  • (a) specify when and how any levy is to be paid:

  • (b) require that any levy, or estimated amount of levy, be paid in advance of performance of the services or functions to which it relates:

  • (c) specify persons, other than persons primarily responsible for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service:

  • (d) require, or empower the Director-General to require, the provision of information and returns in relation to levies:

  • (e) require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to those trust accounts:

  • (f) prescribe a method of arbitration or mediation in the case of disputes as to—

    • (i) whether or not any person is required to pay, or collect, the levy concerned; or

    • (ii) the amount of levy any person is required to pay or collect:

  • (g) provide for related matters, including procedures and remuneration for arbitrators or mediators.

  (4) The Minister may not recommend the making of regulations under this section unless satisfied that, to the extent appropriate in the circumstances, the requirements of sections 81 and 81B have been met.

  Section 81E: inserted, on 18 October 2007, by section 51 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).