New Zealand Legislation: Acts
Acts are laws made by Parliament
(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) components of milk:
(ii) products derived from milk:
(iii) transporting, processing, and packaging milk, components of milk, and products derived from milk; and
(b) do 1 or more of the following for 1 or more of the goods or services specified in paragraph (a):
(i) specify a price or prices for it or them:
(ii) specify a method or methods for determining a price or prices for it or them:
(iii) specify the terms of supply for it or them; and
(ba) require new co-op to supply raw milk in New Zealand; and
(bb) do 1 or more of the following for some or all of the raw milk:
(i) specify a price or prices for it:
(ii) specify a method or methods, which may include an auction or auctions or any other method at all, for determining a price or prices for it:
(iii) specify a method or methods, which may include an auction or auctions or any other method at all, for allocating it:
(iv) specify the terms of supply for it; and
(bc) do some or all of the following for auctions of raw milk:
(i) specify what is auctioned:
(ii) specify how the auctions are held:
(iii) specify a date and time or a range of dates and times on which the auctions must be held:
(iv) specify who are eligible bidders at the auctions:
(v) allow the Minister to set a reserve or reserves for the auctions by referring to material not set out in the regulations or by any other means:
(vi) require the chief executive to hold the auctions or allow the chief executive to arrange for another person to hold the auctions on the chief executive's behalf:
(vii) require the chief executive to maintain a system or systems for holding the auctions or allow the chief executive to arrange for another person to maintain a system or systems for holding the auctions on the chief executive's behalf:
(viii) provide for the maintenance of the system or systems for holding the auctions:
(ix) allow the chief executive to require new co-op to reimburse the chief executive for the annual operating costs of the auctions:
(x) allow some or all of the details about matters referred to in subparagraphs (i) to (ix) to be prescribed by the Minister in 1 or more notices in the Gazette; and
(c) limit, subject to subsection (2), the amount of goods or services described in paragraph (a) or (ba) 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) or (ba) 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.
Section 115(1)(a): substituted, on 9 April 2010, by section 4(1) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(b): substituted, on 9 April 2010, by section 4(1) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(ba): inserted, on 9 April 2010, by section 4(1) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(bb): inserted, on 9 April 2010, by section 4(1) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(bc): inserted, on 9 April 2010, by section 4(1) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(c): amended, on 9 April 2010, by section 4(2) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
Section 115(1)(d): amended, on 9 April 2010, by section 4(3) of the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 (2010 No 11).
