New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 October 2008
| Public Act | 2003 No 114 |
| Date of assent | 30 October 2003 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Agriculture and Forestry.
6 Exemptions from application of Act
Part 2
Winemaking and export of wine
Subpart 1—Wine standards management plans
8 What is a wine standards management plan?
9 Who must have a wine standards management plan?
10 Winemakers with associated wine products or food business
11 Limited exemption from requirement to have wine standards management plan
12 Certain persons may be required to have wine standards management plan
13 Duties of operators of wine standards management plans
14 Contents of and requirements for wine standards management plans
15 Multi-business wine standards management plans
Registration of wine standards management plans
16 Wine standards management plans must be registered
17 Register of wine standards management plans
18 Applications for registration of wine standards management plans
19 Registration of wine standards management plans
20 Refusal to register wine standards management plan
21 Registration may not be transferred
22 Significant amendment of wine standards management plan
23 Updates of minor amendments to wine standards management plans
24 Suspension of operations under registered wine standards management plan
25 Deregistration of wine standards management plan
26 Removal of wine business from coverage of wider wine standards management plan
28 Director-General to recognise agencies and persons to perform verification functions in respect of wine standards management plans
29 Wine standards management plan in conflict with regulations or notices
Subpart 2—Wine standards and specifications
31 Application of standards and specifications
32 Application to wine products
33 Regulations may prescribe standards
34 Prerequisites for prescribing standards
35 Director-General may issue specifications supplementary to wine standards
38 Export eligibility requirements
39 Exemption of certain consignments
Market access requirements and official assurances to foreign governments
41 Director-General to notify or make available access requirements for overseas markets
42 Director-General may issue official assurances
43 Form and content of official assurance
44 Obtaining of official assurance
45 Official assurance may be withdrawn, and reissued
46 Persons who may be authorised to issue official assurances
48 Applications for registration as exporter
50 Refusal to register exporter
52 Deregistration of exporters
54 Refusal to register or decision to deregister may be reviewed in certain cases
Part 3
Officers, cost recovery, etc
Subpart 1—Officers, powers, and persons with specialist functions
56 Director-General may issue notices
57 Director-General may give directions
59 Power to direct disposal, etc, of wine in certain circumstances
60 Statements by Director-General
61 Delegations by Director-General
64 Power to interrupt operations, etc
66 Powers of Police and wine officers under warrant
67 Requirements when executing warrant
68 Disposal of property seized under search warrant
Recognised agencies and persons
69 Director-General may recognise agencies that may be responsible for verification and other specialist functions
70 Director-General may recognise persons to carry out verification or other specialist functions
71 Duties of recognised agencies
72 Duties of recognised persons
73 Register of recognised bodies and persons
74 Applications for recognition
78 Refusal to grant recognition
81 Substituted notice of recognition
82 Decisions may be reviewed in certain cases
Protection of persons acting under Act
83 Protection of persons acting under authority of Act, etc
84 Principles of cost recovery
86 Cost recovery to relate generally to financial year
87 Three-yearly review of cost recovery
88 Fees and charges to be prescribed by regulations
89 Regulations may impose levies
90 Trust accounts required to be kept by persons collecting levies
91 Other charges not requiring to be prescribed
92 Exemptions, waivers, and refunds
93 Fees, levies, and charges to constitute debt due to Director-General
94 Penalties for failure to pay fee, levy, or charge
95 Obligation to pay fee, levy, or charge not suspended by dispute
96 Levy regulations to be confirmed
Part 4
Offences, penalties, and miscellaneous provisions
Offences, penalties, and proceedings
97 Offences involving deception
98 Offences involving endangerment of human health
100 Offence to export unless registered or in compliance with export eligibility requirements
101 Obstruction of officers, etc
103 Failure to comply with Act, etc
104 Defence for persons charged with breach of duty or failure to comply
106 Presumption as to authority
107 Liability of body corporate
108 Liability of directors and managers of companies
109 Liability of companies and persons for actions of agent or employee
110 Offences generally punishable on summary conviction
111 Application of Commodity Levies Act 1990 to wine
113 Records to be available for inspection, etc
114 Right of review of certain decisions made under delegated authority
Consultation, notification, etc
115 Consultation requirements for making of certain orders, specifications, etc
116 Notification of certain matters
117 Service of individual notices, etc
118 Directions, etc, to non-Ministry persons with functions under Act
121 Incorporation of material by reference into regulations, notices, and orders
Repeals, amendments, savings, and transitional provisions
122 Wine Makers Act 1981 repealed
123 Wine Makers Levy Act 1976 repealed
124 Alcohol Advisory Council Act 1976 amended
127 Customs and Excise Regulations 1996 amended
128 Wine Makers Regulations 1990 revoked
129 Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc
130 Transitional period for wine standards management plans
131 Transitional provisions relating to exports and exporters
132 Transitional provisions relating to fees
Schedule 1
Form of search warrant
