Biosecurity (Bovine Tuberculosis–Otago Land Levy) Order 1998

Reprint
as at 1 July 2004

Crest

Biosecurity (Bovine Tuberculosis–Otago Land Levy) Order 1998

(SR 1998/442)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 14th day of December 1998

Present:
His Excellency the Governor-General in Council

Note

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 order is administered by the Ministry of Agriculture and Forestry.

Pursuant to section 90 of the Biosecurity Act 1993, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and on the recommendation of the Minister for Food, Fibre, Biosecurity and Border Control, makes the following order.

Order

1 Title and commencement

  • (1) This order may be cited as the Biosecurity (Bovine Tuberculosis–Otago Land Levy) Order 1998.

    (2) This order comes into force on the 28th day after the date of its notification in the Gazette.

    Biosecurity (Bovine Tuberculosis–Otago Land Levy) Order 1998: confirmed, on 9 September 1999, by section 2(a) of the Subordinate Legislation (Confirmation and Validation) Act 1999 (1999 No 112).

2 Interpretation

  • In this order, unless the context otherwise requires,—

    district valuation roll has the same meaning as in section 2(1) of the Rating Valuations Act 1998; and includes a roll deemed to have been approved in accordance with section 59(3) of that Act

    financial year means a year commencing on 1 July and ending on 30 June in the following year

    land value means,—

    • (a) if the land value recorded in the district valuation roll on 1 July of the financial year in which the levy is payable is not more than $5,000 per hectare, the land value recorded in the district valuation roll; or

    • (b) if the land value recorded in the district valuation roll on 1 July of the financial year in which the levy is payable is more than $5,000 per hectare, a land value calculated by multiplying the total area of the property (in hectares) by $5,000

    occupier means the person who is recorded as the ratepayer in the district valuation roll on 1 July in the financial year in which the levy is payable, except for the levy payable on or before 31 March 1999, where the occupier is the person recorded as the occupier in the district valuation roll on the date this order comes into force

    Otago Region means the Otago Region as constituted by the Local Government (Otago Region) Reorganisation Order 1989, Gazette 1989, Vol III, p 2408

    rating unit has the same meaning as in section 5 of the Local Government (Rating) Act 2002

    rural property means a rating unit with a property category recorded by the territorial authority in accordance with rules made under the Rating Valuations Act 1998 that has, on 1 July in the financial year in which the levy is payable, a first character of A, D, P, S, H, L, or F

    tuberculosis vector risk area has the same meaning as in the Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998

    Clause 2 capital value: revoked, on 1 July 2004, by clause 3(1) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 2 land value: inserted, on 1 July 2004, by clause 3(1) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 2 national vector control zone: revoked, on 1 July 2004, by clause 3(2) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 2 occupier: amended, on 1 July 2004, by clause 3(3) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 2 occupier: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Clause 2 rating unit: inserted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Clause 2 regional vector control zone: revoked, on 1 July 2004, by clause 3(4) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 2 rural property: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Clause 2 separately rateable property: revoked, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

3 Levy imposed

  • This order imposes a levy payable to the Board for the purposes of partially funding the implementation of the National Bovine Tuberculosis Pest Management Strategy.

4 Occupiers responsible for paying levy

  • (1) Each financial year the occupier of every rural property must pay a levy based on the land value of that property in accordance with this order, if that property—

    • (a) is wholly or partially in the Otago Region; and

    • (b) has an area that is equal to or exceeds 4 hectares.

    (2) However, if a levy calculated in accordance with clause 5 is less than $10 (excluding goods and services tax), the occupier is not required to pay the levy.

    Clause 4(1): amended, on 1 July 2004, by clause 4(1) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 4(2): added, on 1 July 2004, by clause 4(2) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

5 Basis for calculation of levy

  • (1) The levy is calculated by multiplying the rate of levy fixed in accordance with this order for a property by the land value of the property.

    (2) If the total area of a rural property is 4 hectares or more and only part of the property is within the Otago region, the levy payable must be calculated in accordance with the following formula:

    .

    where—

    a
    is the area in hectares of the property that is within the Otago region; and
    b
    is the total area in hectares of the property; and
    c
    is the land value of the entire property; and
    d
    is the rate of levy fixed in accordance with clause 12.

    Clause 5(1): amended, on 1 July 2004, by clause 5(1) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

    Clause 5(2): substituted, on 1 July 2004, by clause 5(2) of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

6 Levy payable to Board

  • The levy payable by the occupier in accordance with clause 4 is payable directly to the Board.

7 Use of money raised by levy

  • The money raised by the levy must be spent on the common costs and vector control in the Otago Region.

8 Consultation

  • The Board must, before the end of each financial year,—

    • (a) send to each occupier of a rural property in the Otago Region, a document setting out the proposed vector control programme for the Otago Region for the next financial year:

    • (b) give each occupier the opportunity to express the occupier's views to the Board—

      • (i) in writing; or

      • (ii) at public meetings convened by the Board in the Otago Region.

9 Payment of levy

  • The levy must be paid in 1 annual payment on or before 31 March in each financial year.

10 Levy to be paid at different rates

  • [Revoked]

    Clause 10: revoked, on 1 July 2004, by clause 6 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

11 Maximum rate of levy

  • The rate of levy fixed under clause 12 must not exceed 0.065% of the land value.

    Clause 11: substituted, on 1 July 2004, by clause 7 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

12 Board to fix actual rate of levy

  • (1) In each financial year, the Board must fix the rate of levy payable.

    (2) The Board must not fix the rate of levy before complying with clause 8.

    (3) The rate of levy must be calculated by—

    • (a) determining the total costs of carrying out the vector control programme in the Otago region for the relevant financial year; and

    • (b) fixing the rate for properties, based on the land value of the rural properties to which the levy applies, at a level that is sufficient to recover (in aggregate) the regional share of the vector control programme in the Otago region for that financial year.

    Clause 12: substituted, on 1 July 2004, by clause 8 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

13 Notification of rate of levy

  • The rate of levy payable must be published by the Board in the Gazette, the Otago Daily Times, and The Southland Times not later than 1 December in each financial year.

    Clause 13: substituted, on 1 July 2004, by clause 9 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

14 Provision of district valuation rolls to Board

  • To enable the Board to determine the amounts of levy payable by each occupier, each territorial authority wholly or partially in the Otago Region must,—

    • (a) on or before 15 July in each year, make a return to the Board containing the information in its district valuation roll on 1 July and the supporting information relating to property categories that the territorial authority is required to maintain in accordance with rules made under the Rating Valuations Act 1998.

    • (b) [Revoked]

    Clause 14(b): revoked, on 1 July 2004, by clause 10 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

15 Payment of increased levy for late payment

  • (1) Any amount of levy payable that remains unpaid after the due date is increased once by 10%.

    (2) Any amount of levy payable (excluding any increased levy payable in accordance with subclause (1)) that remains outstanding at the end of 1 month following the increase under subclause (1) is further increased by 2% at that time, and any amount of levy remaining outstanding at the end of every following month is further increased by 2% at the end of each month.

15A Levies exclusive of GST

  • The levies determined or fixed under this order are exclusive of goods and services tax.

    Clause 15A: inserted, on 1 July 2004, by clause 11 of the Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2004 (SR 2004/183).

16 Auditor's remuneration

  • A person appointed as an auditor under section 95B of the Biosecurity Act 1993 must be remunerated by the Board at a rate determined by the Minister after consultation with the Board.

17 Appointment of arbitrator

  • (1) If a dispute arises as to—

    • (a) whether or not any person is required to pay the levy; or

    • (b) the amount of levy money any person is required to pay,—

    the parties may agree to submit the dispute to arbitration and that agreement is an arbitration agreement for the purposes of the Arbitration Act 1996.

    (2) If the parties are unable to agree on the appointment of an arbitrator, the arbitrator must be appointed in accordance with Schedule 1 of the Arbitration Act 1996 and, whether by agreement or in accordance with the Arbitration Act 1996, the arbitrator is an arbitral tribunal for the purposes of the Arbitration Act 1996.

18 Procedures and other matters relating to resolution of disputes

  • Except as provided in clause 20, the provisions of the Arbitration Act 1996, including the provisions for procedures to be followed by an arbitral tribunal, apply to the resolution of all disputes submitted to arbitration in accordance with this order.

19 Payment of arbitration costs

  • The costs of the arbitration, including the arbitrator's remuneration, must, unless the parties agree otherwise, be determined in accordance with Schedule 2 of the Arbitration Act 1996.

20 Appeal to District Court

  • (1) Any party to a dispute who is dissatisfied with the decision made by an arbitrator may appeal to a District Court against the decision.

    (2) The appeal must be brought by the filing of a notice of appeal within 28 days of the making of the decision concerned, or within any longer time as a District Court Judge allows.

    (3) The Registrar of the court must—

    • (a) fix the time and place for the hearing of the appeal, and notify the appellant and other parties to the dispute; and

    • (b) serve a copy of the notice of appeal on every other party to the dispute.

    (4) Every party may appear and be heard at the hearing of the appeal.

    (5) On hearing the appeal, the District Court may confirm, vary, or reverse the decision appealed against.

    (6) The filing of a notice of appeal does not operate as a stay of any process for the enforcement of the decision appealed against.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 December 1998.

Local Government (Rating) Act 2002

Public Act2002 No 6
Date of assent30 March 2002
Commencementsee section 2
1 Title

Part 1
Preliminary and key provisions

Subpart 1—Preliminary provisions

2 Commencement

  • (1) Section 137(1), so far as it relates to the item relating to section 122ZAA of the Local Government Act 1974 in Schedule 5, comes into force on the day after the date on which this Act receives the Royal assent.

    (2) The following provisions come into force on the day after the date on which this Act receives the Royal assent, but only for the purpose of rating in a financial year that begins on or after 1 July 2003:

    • (a) section 11, so far as it relates to district valuation rolls; and

    • (b) section 137(1), so far as it relates to—

      • (i) Schedule 4; and

      • (ii) items relating to the Rating Valuations Regulations 1998 in Schedule 5.

    (3) The following provisions come into force on 30 April 2003:

    • (a) section 11, so far as it relates to rating information databases; and

    • (b) sections 27 to 36.

    (4) The rest of this Act comes into force on 1 July 2003.

Part 5
Replacement of rates and miscellaneous matters

Subpart 2—Miscellaneous matters

Amendments, savings, repeals of other enactments, and transitional provisions

137 Amendments to other enactments

  • (1) The Acts and regulations specified in Schedules 4 and 5 are amended in the manner indicated in those schedules.

    (2) However, those Acts and regulations continue in force as if they had not been amended to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.

Contents

  • 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)

Notes
1 General

  • This is a reprint of the Biosecurity (Bovine Tuberculosis–Otago Land Levy) Order 1998. The reprint incorporates all the amendments to the order as at 1 July 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • 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.

3 How reprints are prepared

  • 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/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 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).

5 List of amendments incorporated in this reprint (most recent first)