Hon David Parker
Government Bill
148—2
As reported from the Local Government and Environment Committee
Commentary
Key
1 Title
2 Commencement
Part 1Amendments to Energy (Fuels, Levies, and References) Act 1989
3 Principal Act amended
4 New section 1B inserted
1B Interpretation
5 Section 12 repealed
6 Control of goods or services
7 New section 24 substituted
24 Petroleum or engine fuel monitoring levy
8 Offence to make incorrect statement
9 New Part 3A inserted
Part 3ABiofuel obligation
34A Purpose of this Part
34B Outline of this Part
34C Status of examples
34D Interpretation
34E Definition of obliged person
34F Definition of obligation engine fuel
34G Definition of qualifying biofuel
34GA Minister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels
34H Definition of trigger point
34I Governor-General may revise biofuel percentage
34J Consultation and confirmation requirements for Orders in Council under section 34F, 34G, 34H, or 34I
34K Obliged person’s required amount of qualifying biofuel
34L Calculating required amount of qualifying biofuel and actual amount of qualifying biofuel
34M Required amount of qualifying biofuels may be divided into proportions or amounts by Order in Council
34N Energy content values
34O Exclusion for engine fuel exported from New Zealand
34P Deferring required amount of qualifying biofuel
34Q Surplus and shortfall
34R Entitlement agreements: general rules
34S Entitlement agreements with biofuel owner who is not obliged person
34T Entitlement agreements with biofuel owner who is obliged person
Annual returns
34U Annual returns
34V Auditing of annual returns
Civil penalty
34W Civil penalty for breaching section 34K
34X Civil penalty for breaching section 34M(2)
34Y Definition of force majeure event
34Z Applicable rules, procedure, and standard of proof
10 Regulations
11 New sections 35A to 35D inserted
35A Power of Minister to require selling of engine fuel to cease
35B Keeping of records
35C Power to inspect property, obtain information, and enter land to conduct compliance check
35D Offence to make incorrect statement
12 Power of Minister to require information
13 Offences
14 New heading and sections 37A to 37K inserted
Search warrants
37A Issue of search warrants
37B Powers conferred by warrant
37C Form and content of search warrant
37D Warrant must be produced
37E Other duties of person who executes warrant
37F When alternative to list of seized things may be provided
37G Matters that must be stated in list of seized things
37H Duty to assist
37I Power to inspect and take copies of documents, etc, obtained under warrant
37J Disposal of things seized
37K Court order to be suspended on conviction or on order of civil penalty
15 New heading above section 38
16 New Schedule 5 added
Consequential amendments to other enactments
16A Consequential amendments to other enactments
References to petroleum fuels monitoring levy
17 References to petroleum fuels monitoring levy
Part 2Miscellaneous amendments
Amendments to Customs and Excise Act 1996
18 Principal Act amended
19 Interpretation
19A Indexation of rates of excise duty and excise-equivalent duty on motor spirits by reference to diversion amounts
20 Regulations
21 Schedule 3 amended
Amendments to Tariff Act 1988
21A Principal Act amended
22 Schedule 1 amended
Amendments to Local Government Act 1974
23 Principal Act amended
24 Heading to Part 11 amended
25 Interpretation
26 Application of this Part
27 Powers of component authorities to levy petroleum tax
28 Returns by wholesale distributors
29 Assessment of tax
30 Assessment presumed to be correct
31 Tax recoverable as a debt
32 Penalty for late payment of tax
33 Separate bank account to be kept by distribution authority
34 Accounts to be kept in accordance with requirements of Auditor-General
35 Transfer by distribution authority of authorised cost of services
36 Effect on agreements of imposition or alteration of tax
37 New section 199A inserted
199A Order in Council prescribing local authorities fuel tax
38 Regulations in respect of local authorities petroleum tax
39 Council may grant right to lay petroleum conduit pipes along or under roads
40 Amendments to Schedule 6
41 Amendments to Schedule 8
42 Consequential amendments to other enactments
Schedule 1New Schedule 5 added to principal Act
Schedule 1AConsequential amendments to other enactments
Schedule 2
Schedule 2Amendments to Schedule 3 of Customs and Excise Act 1996
Schedule 3New note 2 in Schedule 1 of Tariff Act 1988 substituted
Schedule 4
Schedule 4Amendments to Part 1 of Schedule 1 of Tariff Act 1988
Schedule 5Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: