Commodity Levies (Fish) Order 2002

  • expired
  • Commodity Levies (Fish) Order 2002: expired, on 11 March 2013, by clause 2A.

Reprint
as at 11 March 2013

Coat of Arms of New Zealand

Commodity Levies (Fish) Order 2002

(SR 2002/50)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 11th day of March 2002

Present:
Her Excellency the Governor-General in Council

  • Commodity Levies (Fish) Order 2002: expired, on 11 March 2013, by clause 2A.


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 for Primary Industries.


Pursuant to section 4 of the Commodity Levies Act 1990 (as applied by section 305 of the Fisheries Act 1996), Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Fisheries, makes the following order.

Order

1 Title
  • This order is the Commodity Levies (Fish) Order 2002.

    Commodity Levies (Fish) Order 2002: confirmed, on 19 December 2002, by section 6(c) of the Subordinate Legislation (Confirmation and Validation) Act 2002 (2002 No 52).

2 Commencement
  • This order comes into force on the day after the date of its notification in the Gazette.

2A Extension and expiry
  • This order is extended until the close of 10 March 2013 and then expires.

    Clause 2A: inserted, on 11 January 2007, by clause 4 of the Commodity Levies (Fish) Amendment Order 2006 (SR 2006/374).

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

    company means the New Zealand Seafood Industry Council Limited

    declared port price means the price determined for each fish stock or species under clause 8(3)

    levy means the levy imposed by clause 4

    levy year

    • (a) means a period of 12 months beginning on 1 October and ending on 30 September; and

    • (b) includes the period beginning on 1 April 2002 and ending on 30 September 2002

    licensed fish receiver means a person who is, or is required to be, licensed as a fish receiver under the Fisheries Act 1996

    mediator means a person appointed under clause 21; and, in relation to a dispute, means a mediator appointed to resolve the dispute

    non-quota management system fish species means a fish species that is neither—

    • (a) subject to the quota management system; nor

    • (b) harvested from fish farming

    packing house licensee means—

    • (a) the holder of a fish packing house licence granted under section 26 of the Meat Act 1981 or a person who is required to hold a licence; or

    • (b) a person who is registered, or required to be registered, under the Animal Products Act 1999 for the processing of fish

    quota owner means a person shown on the appropriate register kept under Part 8 of the Fisheries Act 1996 as the owner of quota

    relative dollar value means the relative dollar value for each fish stock or species calculated under clause 8(2).

4 Levy imposed
  • (1) A levy is imposed on fish, based on—

    • (a) quota owned by a quota owner; and

    • (b) non-quota management system fish species fish, and fish harvested from fish farming, that are landed or delivered to a licensed fish receiver or packing house licensee; and

    • (c) fish otherwise sold by a fish farmer.

    (2) The levy is payable to the company.

    (3) No levy is payable by the Crown.

5 Primary responsibility for paying levy
  • The persons who are primarily responsible for paying the levy are,—

    • (a) for a fish stock that is subject to the quota management system, each quota owner in respect of the quota in that fish stock that is shown on the quota register as owned by the quota owner on the first day of each relevant month; or

    • (b) for non-quota management system fish species fish and fish harvested from fish farming, the person who lands the fish to a licensed fish receiver or who causes the fish to be delivered to a licensed fish receiver or packing house licensee; or

    • (c) for fish harvested from fish farming that are not landed or delivered to a licensed fish receiver or packing house licensee, the fish farmer who sells the fish.

6 Packing house licensees and licensed fish receivers must pay levy in some cases
  • (1) This clause applies if non-quota management system fish species fish, or fish harvested from fish farming, are landed or delivered to a licensed fish receiver or packing house licensee.

    (2) The licensed fish receiver or packing house licensee—

    • (a) must pay the levy; and

    • (b) may recover the amount of the levy (and any goods and services tax paid in respect of it) by reducing the amount otherwise payable to the person who landed the fish or caused the fish to be delivered.

    (3) The licensed fish receiver or packing house licensee is not entitled to receive a collection fee for paying the levy.

7 Levy may be fixed at different rates
  • (1) A different rate of levy may be fixed for each—

    • (a) fish stock that is subject to the quota management system; or

    • (b) non-quota management system fish species; or

    • (c) for each species of fish harvested from fish farming.

    (2) In subclause (1)(a), a fish stock means a stock that has a quota management area determined in accordance with section 24(2) of the Fisheries Act 1996.

8 Basis of calculation of levy
  • (1) The levy payable in a levy year must be calculated on the basis of the relative dollar value of fish.

    (2) The relative dollar value is,—

    • (a) for fish stock that is subject to the quota management system, the quota weight equivalent of the quota shares owned on the first day of the levy year (as shown on the quota register) multiplied by the declared port price for that fish stock; or

    • (b) for non-quota management system fish species, the greenweight tonnage of fish reported, or required to be reported, by a licensed fish receiver as landed multiplied by the declared port price for that species; or

    • (c) for fish harvested from fish farming, the greenweight tonnage of fish reported, or required to be reported, by a licensed fish receiver or packing house licensee as landed or delivered, or otherwise declared by a fish farmer as sold, multiplied by the declared port price for that species.

    (3) The declared port price for each stock or species must be determined by the company for each levy year using the average port price (excluding goods and services tax) paid or likely to be paid during each of the 3 12-month periods before the levy year to which the levy relates, based on—

    • (a) an independent survey that establishes the price that would be paid during each 12-month period for the fish (excluding goods and services tax) by an independent processor buying from an independent fisher or fish farmer, based on the best available information known to the company; or

    • (b) if independent survey data is unavailable, an estimate by the company of the price that would be paid during each 12-month period for the fish (excluding goods and services tax) by an independent processor buying from an independent fisher or fish farmer, based on the best available information known to the company.

9 Company must fix rates of levy
  • The company must fix the rates of the levy for a levy year, in accordance with the procedures set out in the company's constitution.

10 Maximum rate of levy
  • The maximum rate of levy is 5% of the relative dollar value (plus goods and services tax).

11 Notification of rates of levy
  • (1) The company must notify—

    • (a) in the Gazette the rates of levy and the date on and from which the levy takes effect; and

    • (b) in a newsletter or at least 1 industry publication chosen by the company, the rates of the levy, the relevant declared port prices, and the date on and from which the levy takes effect.

    (2) Notification must be made,—

    • (a) under subclause (1)(a), within 14 days after fixing the rates of levy and not less than 14 days before the commencement of the levy year to which the levy relates; and

    • (b) under subclause (1)(b), as soon as practicable after fixing the rates of levy.

12 When levy must be paid
  • (1) The due dates for payment of the levy are as follows:

    • (a) for a fish stock that is subject to the quota management system, one-twelfth of the levy must be paid by the close of the first day of each month:

    • (b) for non-quota management system fish species fish and fish harvested from fish farming, the levy must be paid by the 20th day of the month after the month that the fish are landed or delivered to the licensed fish receiver or packing house licensee.

    (2) However, if the total amount of levy payable by a person under clause (1)(a) is less than $50, payment is not required until the earlier of—

    • (a) the month when the person's total outstanding levies are $50 or more; or

    • (b) the final month of the levy year.

13 Additional levy payable if levy not paid on time
  • (1) This section applies if an amount of levy (or goods and services tax payable on the levy) is not paid on or before—

    • (a) in the case of an amount of levy due under clause 12(1)(a), the 20th day of the month after the due date for payment; or

    • (b) in the case of an amount of levy due under clause 12(1)(b), the due date for payment.

    (2) The company may require the quota owner, licensed fish receiver, or packing house licensee to pay an additional levy that does not exceed 10% of the amount unpaid at the close of the relevant date set out in subclause (1).

    (3) However, if a licensed fish receiver or packing house licensee has recovered the amount of a levy under clause 6(2)(b),—

    • (a) only the licensed fish receiver or packing house licensee may be required to pay the additional levy; and

    • (b) the additional levy may not be recovered under clause 6(2)(b).

14 Levies must be spent by company
  • The company must spend or (pending expenditure) invest all levies paid to it.

15 Purposes for which levies may be spent
  • (1) The company may spend levies only for the following purposes:

    • (a) research (including market research), science, and technical services relating to the New Zealand seafood industry:

    • (b) promoting (including through generic advertising) the New Zealand seafood industry, fish, and fish products:

    • (c) day-to-day administration costs of the company (excluding the direct or indirect administration of a commercial or trading activity):

    • (d) matters relating to the New Zealand seafood industry on which advice is sought from the company's Policy Council by the company:

    • (e) policy issues affecting the New Zealand seafood industry.

    (2) The company must not use levies to meet expenditure incurred by, or liabilities owed to, Commercial Fisheries Services Limited (trading as FishServe).

16 Conscientious objectors
  • A person who objects on conscientious or religious grounds to paying the levy in the manner provided for by this order may pay the amount concerned to the chief executive of the Ministry of Fisheries, who must ensure that it is paid to the company.

17 Non-disclosure of information
  • (1) An officer or employee of the company, or any other person involved in collecting the levy, must not disclose (except to another officer or employee of the company or another person involved in collecting the levy) information obtained—

    • (a) under or because of this order; or

    (2) Subclause (1) does not affect or prevent—

    • (a) the production of records or accounts under section 17(1) of the Commodity Levies Act 1990; or

    • (b) the production of any statement under section 25 of the Commodity Levies Act 1990; or

    (3) Subclause (1) does not prevent the company from—

    • (a) disclosing or using information (not being information relating to an identifiable person) obtained from a ballot held before the commencement of this order; or

    • (b) disclosing or using information (not being information relating to an identifiable person) for statistical and research purposes; or

    • (c) disclosing or using information for the purposes of invoicing and collecting the levy; or

    • (d) disclosing or using information with the consent of every identifiable person to whom it relates.

18 Payers of levies must keep records and make returns
  • (1) A packing house licensee and licensed fish receiver must keep records of the following information:

    • (a) the greenweight tonnage of non-quota management system fish species fish landed or delivered to a licensed fish receiver or packing house licensee and the date of landing or delivery; and

    • (b) the name of each person who lands or delivers the fish; and

    • (c) the amount paid by the licensed fish receiver or packing house licensee for the fish; and

    • (d) the amount of levy paid by the licensed fish receiver or packing house licensee; and

    • (e) the name of the person and fish in respect of which the levy is paid.

    (2) A fish farmer must keep records of the following information:

    • (a) the greenweight tonnage of fish landed or delivered to a licensed fish receiver or packing house licensee; and

    • (b) the name of the licensed fish receiver or packing house licensee; and

    • (c) the amount paid by the licensed fish receiver or packing house licensee for the fish; and

    • (d) if fish is not landed or delivered to a licensed fish receiver or packing house licensee, the amount of any levy paid by the farmer directly to the company.

    (3) The records must be retained for at least 7 years after the date on which the levy in respect of which the records are held is paid.

    (4) A person required to keep records under this clause must supply to the company, in writing and as soon as reasonably practicable after receiving the company's written request to do so, records and information reasonably required by the company to calculate the amount of levy that is payable.

19 Company must keep records
  • (1) The company must, in every levy year, keep records of the following information:

    • (a) the amount of levy paid to it in that year and, for each payment,—

      • (i) the amount; and

      • (ii) the date on which it is received; and

      • (iii) the name of the person who paid it; and

    • (b) how, if at all, levies paid to it in that year were invested; and

    • (c) how, and when, all levies spent by it were spent.

    (2) The company must retain the records for at least 7 years after the end of the levy year to which the records relate.

    (3) This clause does not require the company to keep a nil record.

20 Remuneration of persons conducting compliance audits
  • A person appointed as an auditor under section 15 of the Commodity Levies Act 1990 must be remunerated by the company at a rate determined by the Minister of Fisheries after consultation with the company.

Mediation in case of dispute

21 Appointment of mediators
  • (1) This clause applies to a dispute about—

    • (a) whether a person is required to pay a levy; or

    • (b) the amount of levy that is payable.

    (2) A party to the dispute may ask the President of the New Zealand Institute of Chartered Accountants to appoint a person to attempt to resolve the dispute by mediation, and, in that case, the President (or a person authorised by the President to do so) may appoint a person to resolve the dispute by mediation.

    (3) The mediator's appointment ends if—

    • (a) the parties to the dispute resolve it themselves; or

    • (b) the mediator resolves the dispute under clause 28.

    Clause 21(2): amended, on 7 July 2010, by section 11 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

22 Remuneration of mediators
  • (1) A mediator must be paid remuneration (by way of fees and allowances) as agreed by the parties to the dispute.

    (2) If the parties to a dispute cannot agree on a mediator's remuneration, the President of the New Zealand Institute of Chartered Accountants (or a person authorised by the President to do so) must—

    • (a) fix an amount or several amounts to be paid to the mediator as remuneration; and

    • (b) specify the amount (if any) that each party must pay.

    (3) Each party must pay to the mediator the amount fixed by the President (or authorised person) and specified as an amount to be paid by that party.

    Clause 22(2): amended, on 7 July 2010, by section 11 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

23 Time and place of conference
  • Every conference that is organised by a mediator of the parties to a dispute must be held on a day and at a time and place fixed by the mediator and notified in writing to the parties.

24 Conference held in private
  • Except as provided in clause 25, only the parties to a dispute and the mediator may attend a conference organised by the mediator.

25 Representatives
  • If satisfied that in all the circumstances it is appropriate to do so, a mediator may allow a representative of a party to a dispute to attend a conference of the parties that is organised by the mediator.

26 Right to be heard
  • Every party to a dispute, and every representative of a party allowed by the mediator to attend a conference of the parties organised by a mediator, may be heard at the conference.

27 Evidence
  • (1) A mediator may hear and take into account any relevant evidence or information, whether or not it would be admissible in a court of law.

    (2) A mediator may, on the mediator's own initiative, seek and receive any evidence, and make any investigations and inquiries, that the mediator thinks desirable to resolve a dispute.

    (3) A mediator may require any person who gives evidence at a conference of the parties to a dispute to verify the evidence by statutory declaration.

28 Mediator may resolve dispute in certain cases
  • (1) A mediator may resolve a dispute for the parties if—

    • (a) the mediator has organised and presided at a conference of the parties, but the dispute has not been resolved; or

    • (b) the mediator believes that the parties are unlikely to resolve the dispute, whether or not they confer directly.

    (2) If subclause (1) applies, the mediator must give each of the parties written notice of the mediator's decision and the reasons for the decision.

    (3) The parties must comply with the decision of the mediator.

29 Appeal to District Court
  • (1) A party to a dispute who is dissatisfied with a decision made by a mediator under clause 28 may appeal to a District Court against the decision.

    (2) An appeal is brought by filing a notice of appeal within 28 days after the making of the decision concerned or within a longer time that 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 the 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: 12 March 2002.


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 Commodity Levies (Fish) Order 2002. The reprint incorporates all the amendments to the order as at 11 March 2013, 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)