Dairy Industry Restructuring Act 2001 No 51 (as at 01 April 2008), Public Act

115 Obligations concerning milk
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—

    • (a) require new co-op to supply in New Zealand 1 or more of the following goods or services:

      • (i) raw milk:

      • (ii) components of milk:

      • (iii) products derived from milk:

      • (iv) transportation, processing, and packaging of milk, components of milk, and products derived from milk; and

    • (b) prescribe the terms of supply for goods or services regulated under paragraph (a), and specify a price, or a methodology for determining a price, for those goods or services; and

    • (c) subject to subsection (2), limit the amount of goods or services that new co-op is required to supply, including different limitations for—

      • (i) different independent processors; and

      • (ii) different geographical areas; and

    • (d) allow new co-op to require independent processors to give new co-op advance notice of their requirements for the goods or services to which regulations under paragraph (a) apply, prescribe the maximum period of advance notice that it may require, and authorise new co-op to require buyers to buy the amount of goods or services specified in an advance notice; and

    • (e) empower the Commerce Commission to fix a discount rate in calculating the price of goods or services regulated under this section; and

    • (f) require new co-op and independent processors to provide periodic returns of milksolids collected from dairy farmers; and

    • (g) authorise new co-op to perform obligations imposed by the regulations through an associated person.

    (2) Regulations made under subsection (1) must not require new co-op to supply a total amount of goods or services that exceeds, in the Minister's opinion, 5% of the amount of those goods or services produced by, or supplied to, new co-op, as the case may be.

    (3) A regulation under this section is not invalid because it leaves a matter or thing to be decided by a person.