New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 27 June 2009
| Public Act | 2007 No 21 |
| Date of assent | 26 June 2007 |
| 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 Treasury.
Part 2
Matters concerning AgriQuality Limited and Asure New Zealand Limited
Subpart 1—Power to direct AgriQuality Limited
5 Directions and advice to AgriQuality Limited by shareholding Ministers
6 Consequences of directions and advice given under section 5
Subpart 2—Merger of AgriQuality Limited and Asure New Zealand Limited
[Expired]
7 Interpretation [Expired]
8 Amendments and repeals to enactments resulting from merger of AgriQuality and Asure [Expired]
9 Part 3 of Commerce Act 1986 does not apply to merger of AgriQuality and Asure [Expired]
10 Certain matters not affected by merger of AgriQuality and Asure [Expired]
11 Expiry of subpart 2 of Part 2 [Expired]
Subpart 3—Commerce Commission investigation and report
12 Investigation and report by Commerce Commission on examination services
13 Commerce Commission process
14 Levy of Asure New Zealand Limited or merged company
Subpart 4—Ongoing negotiations and obligations concerning examination services
This Act is the State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007.
This Act comes into force on the day after the date on which it receives the Royal assent.
In this Act, unless the context otherwise requires,—
animal material has the same meaning as in section 4(1) of the Animal Products Act 1999
animal products has the same meaning as in section 4(1) of the Animal Products Act 1999
Board means the board of directors of AgriQuality Limited
examination services means services involving routine examinations of animal material or animal products by official assessors, appointed under section 79 of the Animal Products Act 1999, for the purpose of, amongst other things, enabling official assurances to be given under that Act
official assurances has the same meaning as in section 61(2) of the Animal Products Act 1999
shareholding Ministers means the shareholding Ministers of AgriQuality Limited, being—
(a) the Minister of Finance; and
(b) the Minister of the Crown for the time being responsible for AgriQuality Limited.
This Act binds the Crown.
(1) The shareholding Ministers may, by written notice to the Board, give to the Board—
(a) a direction that AgriQuality Limited must not provide the examination services specified in the notice:
(b) a direction that revokes a direction given under paragraph (a).
(2) The shareholding Ministers—
(a) may, at any time, by written notice to the Board, advise the Board of their intentions or expectations with regard to directions to be given under subsection (1); and
(b) must advise the Board, by written notice to the Board, of the matters to be referred to in a direction to be given under subsection (1) at least 14 days before the direction is given; and
(c) must consider any comments relating to the direction that the Board makes to them within 10 days of the date on which the Board receives the advice under paragraph (b).
(3) The shareholding Ministers may give a direction under subsection (1) or advice under subsection (2) despite anything to the contrary in sections 4 to 7 of the State-Owned Enterprises Act 1986, the Companies Act 1993, the Commerce Act 1986, or any other Act or rule of law.
(4) The giving of a direction under subsection (1) or advice under subsection (2) is specifically authorised for the purpose of section 43 of the Commerce Act 1986.
(5) The Minister for State Owned Enterprises must—
(a) present a copy of the direction to the House of Representatives within 12 sitting days after a direction is given to the Board under subsection (1); and
(b) publish a copy of it in the Gazette as soon as practicable after the giving of the direction.
(1) The Board must comply with a direction given to it under section 5(1) despite anything to the contrary in the State-Owned Enterprises Act 1986, the Companies Act 1993, the Commerce Act 1986, or any other Act or rule of law.
(2) Neither the Crown nor any shareholding Minister is in breach of, or liable to any person under, sections 4 to 7 of the State-Owned Enterprises Act 1986, the Companies Act 1993, the Commerce Act 1986, or any other Act or rule of law by reason of the giving of a direction under section 5(1) or advice under section 5(2).
(3) No director of AgriQuality Limited is in breach of, or liable to any person under, the State-Owned Enterprises Act 1986, the Companies Act 1993, the Commerce Act 1986, or any other Act or rule of law by reason of any act or omission reasonably believed by the director to be necessary or desirable—
(a) to give effect to, or as a consequence of, a direction given under section 5(1); or
(b) as a result of any advice given under section 5(2).
[Expired]
Subpart 2: expired, on 27 June 2009, by section 11.
[Expired]
Section 7: expired, on 27 June 2009, by section 11.
[Expired]
Section 8: expired, on 27 June 2009, by section 11.
[Expired]
Section 9: expired, on 27 June 2009, by section 11.
[Expired]
Section 10: expired, on 27 June 2009, by section 11.
[Expired]
Section 11: expired, on 27 June 2009, by section 11.
(1) The Commerce Commission must, within 3 years after the commencement of this Act,—
(a) investigate the prices charged for examination services; and
(b) report to the Minister of Commerce on whether it is necessary or desirable for examination services to be controlled under Part 4 of the Commerce Act 1986.
(2) The Commission must not commence its investigation under subsection (1) earlier than 2 years after the commencement of this Act.
(3) However, subsections (1) and (2) do not apply if—
(a) the Minister of Commerce and the Meat Industry Association of New Zealand (Incorporated) agree that an investigation and a report under subsection (1) are not necessary; and
(b) the Minister of Commerce gives written notice to the Commission to that effect within 2 years after the commencement of this Act.
The Commerce Commission must carry out its investigation and report to the Minister of Commerce under section 12(1) as if that section was a request from the Minister under section 56 of the Commerce Act 1986, and Part 4 of that Act applies accordingly with all necessary modifications.
(1) Asure New Zealand Limited or, if there has been a merger of AgriQuality and Asure (as defined in section 7), the new company formed as a result of the merger must pay to the Crown the levy prescribed by regulations made under subsection (2).
(2) The Governor-General may, by Order in Council made on the recommendation of the Minister of Commerce, make regulations—
(a) specifying the amount of levies, or method of calculating or ascertaining the amount of levies, on the basis that the actual costs of performing or exercising the Commerce Commission's functions, powers, and duties under this subpart, and of collecting the levy money, should be met fully out of levies:
(b) including in levies, or providing for inclusion in levies of, any potential or likely shortfall in recovering those actual costs:
(c) refunding, or providing for refunds of, any over-recovery of those actual costs:
(d) providing for the payment and collection of those levies.
(3) The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Crown.
(1) The Crown will continue to negotiate with New Zealand's international trading partners for the acceptance of international guidelines on meat hygiene as set out in the Codex Alimentarius's Code of Practice, “Code of Hygienic Practice for Meat”
(CAC/RCP 58-2005) (the Code).
(2) If more than 66.6% of the total value of New Zealand's post-mortem red meat exports (of both ovine and bovine origin) are made to international trading partners of New Zealand who have agreed to accept the international guidelines on meat hygiene as set out in the Code, the Executive Government of New Zealand must permit—
(a) competitive tendering for the provision of examination services to occur; and
(b) examination services to be provided by persons who are not employed under the State Sector Act 1988.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007. The reprint incorporates all the amendments to the Act as at 27 June 2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007 (2007 No 21): section 11
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