New Zealand Legislation: Acts

26 Later allocation of export licences

• (1) The following are vested in or revert to the Crown:

  • (a) any rights in respect of designated markets that become available as a result of the expiry of the initial period under section 24:

  • (b) any rights in respect of designated markets in the European Communities listed in Schedule 5A that become available as a result of reductions under section 25:

  • (c) any quantities that become available as a result of increases in rights in respect of designated markets listed in Schedule 5A after the initial periods, except where the quantities are reallocated in accordance with section 27A(2):

  • (d) any rights in respect of designated markets listed in Schedule 5A that become available at the expiry of any other allocations.

  (2) Following the expiry of the initial and interim licences, export licences for the designated markets listed in Schedule 5A must be allocated or reallocated by, or on behalf of, the Crown.

  (3) The Minister must, in accordance with the rules set out in Schedule 5B, allocate export licences to multiple participants for the designated markets listed in Schedule 5A unless subsection (4) applies.

  (4) If the Minister is satisfied that an allocation under subsection (3) is not appropriate, having regard to the purpose in section 21(1), the Minister may recommend to the Governor-General that an Order in Council is made to allocate or reallocate export licences under subsection (7).

  (5) The Minister may allocate a general export licence for trade at the normal tariff (outside the terms of the quota), in respect of a designated market listed in Schedule 5A, that may be used by any person eligible to hold an export licence for any quantity of the product for which the licence applies.

  (6) Subsection (5) applies subject to section 29A.

  (7) The Governor-General may, by Order in Council made on the recommendation of the Minister, allocate or reallocate export licences in respect of designated markets listed in Schedule 5A.

  (8) Before making an allocation under subsection (5), the Minister must—

  • (a) be satisfied that an allocation is appropriate in the circumstances; and

  • (b) have regard to the purpose in section 21(1).

  (9) Subsection (1) does not limit the Minister's power under subsection (3) or (5), or the Governor-General's power under subsection (7), to allocate new licences in respect of those rights or quantities to the Board or new co-op.

  Section 26: substituted, on 15 December 2007, by section 10 of the Dairy Industry Restructuring Amendment Act 2007 (2007 No 107).