Reprint as at 2 March 2018

Coat of Arms of New Zealand

Wine Act 2003

Public Act
 
2003 No 114
Date of assent
 
30 October 2003
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

1Title
2Commencement
3Objects of Act
4Interpretation
4ATransitional, savings, and related provisions relating to amending Acts
5Scope of Act
6Exemptions from application of Act
7Outline of this Part
8What is a wine standards management plan
9Who must have a wine standards management plan
10Winemakers with associated wine products or food business [Repealed]
11Limited exemption from requirement to have wine standards management plan
12Certain persons may be required to have wine standards management plan
13Duties of operators of wine standards management plans
14Contents of and requirements for wine standards management plans
15Multi-business wine standards management plans
15APersons involved with both food and wine
15BApplication for intermittent use of food control plan as wine standards management plan
15CIntermittent use of food control plan as wine standards management plan
15DRegulations may grant or provide for exemptions from this Act or Food Act 2014
16Wine standards management plans must be registered
17Register of wine standards management plans
18Applications for registration of wine standards management plans
19Registration of wine standards management plans
20Refusal to register wine standards management plan
21Registration may not be transferred
22Registration of significant amendment of wine standards management plan
23Notification of minor amendments to wine standards management plans
23ADirector-General may require amendment to improve clarity of registered wine standards management plan
24Suspension of operations under registered wine standards management plan
25Deregistration of wine standards management plan
26Removal of business or part of business from coverage of wider wine standards management plan
27Surrender of registration
28References to verifying agency
29Wine standards management plan in conflict with regulations or notices
30Wine standards
31Application of standards
32Application to extension products, partial process products, and wine products [Repealed]
33Regulations may prescribe standards
34Prerequisites for prescribing standards
35Director-General may issue specifications supplementary to wine standards [Repealed]
36Object of subpart 3
37Prerequisites for export
38Export eligibility requirements
39Exemption of certain consignments, wine, or persons
40Duties of exporters
41Director-General to notify or make available access requirements for overseas markets
42Director-General may issue official assurances
43Form and content of official assurance
44Obtaining of official assurance
45Official assurance may be withdrawn, and reissued
46Persons who may be authorised to issue official assurances
47Register of exporters
48Applications for registration as exporter
49Registration as exporter
50Refusal to register exporter
51Registration fee payable
52Deregistration of exporters
53Surrender of registration
54Refusal to register or decision to deregister may be reviewed in certain cases
54AInterpretation
54BTracing and recall requirements
54CRegulations relating to tracing and recall
54DVerification
54EObligation of persons subject to verification requirements
54FRegulations relating to verification
54GRecord keeping and reporting requirements
54HRegulations and notices relating to record keeping and reporting
55Wine officers
56Director-General may issue notices
57Director-General may give directions
58Recall of wine
59Power to direct disposal, etc, of wine in certain circumstances
60Statements by Director-General
61Delegations by Director-General
61A Power to issue improvement notice
61BReview of improvement notice
62Power of entry
63Power to examine, etc
64Power to interrupt operations, etc
65Issue of search warrant
66Powers of Police and wine officers under warrant
67Requirements when executing warrant
68Disposal of property seized under search warrant
68A Matters may be continued by different wine officer
68BOpinion or belief of wine officer
69Outline of sections 70 to 82Z
70Interpretation
71Recognition of agencies
72Recognition of certain agencies without application
73Recognition of persons
74Recognition of certain persons without application
75Recognition of classes of persons
76Interrelationship between sections 71 to 75
77Application for recognition
78Director-General may require further information
79Proposal to refuse application to recognise agency, person, or class of persons
80Proposal to exclude members, or categories of members, from recognition of class
81Director-General may impose or vary conditions of recognition
82Grant of recognition
82AScope, effect, and transfer of recognition
82BDuration of recognition
82CRenewal of recognition before expiry
82DApplication for renewal of recognition
82ESubstituted notice of recognition
82FOngoing recognition fees, charges, or levies
82GDuties of recognised agencies
82HDuties of recognised persons
82IRecognised agency or person may act in other capacities
82IARecognised agency and recognised person accountable to Director-General
82JSuspension of recognition of recognised agency, recognised person, or recognised class
82KDirector-General may extend suspension of recognition
82LMethod of suspension of recognition
82MSuspension does not limit other actions
82NWithdrawal of recognition of recognised agency or recognised person
82OWithdrawal of recognition of recognised class
82PMethod of withdrawal of recognition
82QSurrender of recognition
82REffective date of surrender of recognition
82SPublic register of recognised agencies, recognised persons, and recognised classes to be kept
82TContents of public register
82UInspection of public register
82VRemoval from public register
82WNotification to category or class of persons
82XMeans of consultation
82YDirector-General may require notification of termination of contracts
82ZDirector-General must consider exemption, waiver, or refund of fees
83Protection of persons acting under authority of Act, etc
84Principles of cost recovery
85Methods of cost recovery
86Cost recovery to relate generally to financial year
87Three-yearly review of cost recovery
88Fees and charges to be prescribed by regulations
89Regulations may impose levies
90Trust accounts required to be kept by persons collecting levies
91Other charges not requiring to be prescribed
92Exemptions, waivers, and refunds
93Fees, levies, and charges to constitute debt due to Director-General
94Penalties for failure to pay fee, levy, or charge
95Obligation to pay fee, levy, or charge not suspended by dispute
96Levy regulations are confirmable instruments
96AProceedings for infringement notices
96BIssue and cancellation of infringement notices
96CForm of infringement notice
96DPayment of infringement fees
96ERegulations about infringement offences
97Offences involving deception
98Offences involving endangerment of human health
99Sale of non-complying wine
100Offence to export unless registered or in compliance with export eligibility requirements
101Obstruction of officers, etc
101AOffences involving automated electronic system
101BBreach of compliance order
102Offence of breach of duty
103Failure to comply with Act, etc
104Defence for persons charged with breach of duty or failure to comply
105Evidence in proceedings
106Presumption as to authority
107Liability of body corporate
108Liability of directors and managers of companies
109Liability of companies and persons for actions of agent or employee
109AOrder to pay amount because of commercial gain
110Charging documents
110ACompliance orders
110BApplication for compliance order
110CNotification of application
110DRight to be heard
110EDecision on application
110FInterim compliance orders
110GChange or cancellation of compliance order
110HCompliance with compliance order
110IAppeals to High Court
110JAppeals to Court of Appeal or Supreme Court
110KEffect of appeal
110LRules of court
111Application of Commodity Levies Act 1990 to wine
[Repealed]
112Records and returns [Repealed]
113Records to be available for inspection, etc [Repealed]
113ABorder information supplied using JBMS must be supplied in approved form and manner
113BDuty to use JBMS to supply border information
114Right of review of certain decisions made under delegated authority
115Consultation requirements for making of Orders in Council, regulations, and notices
116Notification of notices under section 120
117Service of individual notices, etc
118Directions, etc, to non-Ministry persons with functions under Act
118AArrangement for system
118BEffect of use of system
119Regulations
119AScope of regulations
120Notices
120AApplication of Legislation Act 2012 to notices
121Incorporation of material by reference into regulations, notices, and orders
121AAvailability and proof of material incorporated by reference
121BApplication of Legislation Act 2012 to incorporating instrument and incorporated material
122Wine Makers Act 1981 repealed
123Wine Makers Levy Act 1976 repealed
124Alcohol Advisory Council Act 1976 amended
125Food Act 1981 amended
126Privacy Act 1993 amended
127Customs and Excise Regulations 1996 amended
128Wine Makers Regulations 1990 revoked
129Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc
130Transitional period for wine standards management plans
131Transitional provisions relating to exports and exporters
132Transitional provisions relating to fees
[Repealed]
Reprint notes