New Zealand Horticulture Export Authority (Fees) Regulations 2002

Reprint
as at 18 October 2002

Crest

New Zealand Horticulture Export Authority (Fees) Regulations 2002

(SR 2002/343)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 14th day of October 2002

Present:
Her 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.

These regulations are administered by the Ministry of Agriculture and Forestry.


Pursuant to section 62 of the New Zealand Horticulture Export Authority Act 1987, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the New Zealand Horticulture Export Authority (Fees) Regulations 2002.

2 Commencement
  • These regulations come into force on 1 November 2002.

3 Interpretation
4 Matters for which fees may be charged and maximum fees
  • (1) The matters for which the Authority may charge fees and the maximum amount of the fees are as follows:

    • Matter

    Maximum fee
    ($)
    • (a)Application for an export licence under section 35 of the Act

    2,500
    250
    • (c)Application for an export licence under section 35 of the Act to replace a licence that will expire under section 36(6) of the Act

    500
    • (d)Administering the export licensing of prescribed products in accordance with Part 3 of the Act, including in particular monitoring compliance with requirements and conditions imposed by or under sections 37 and 38 of the Act

    1,500

    (2) A fee is not payable under subclause (1)(a) if the applicant already holds a current export licence.

    (3) A fee is payable under subclause (1)(c) only if the export licence applied for is to replace—

    • (a) a licence for which a fee was paid under subclause (1)(a); or

    • (b) if the applicant no longer holds a licence specified in paragraph (a), the next current licence granted to the applicant.

    (4) The fee payable under subclause (1)(d)—

    • (a) is payable with an application for an export licence whether or not—

      • (i) an applicant already holds a current export licence; or

      • (ii) a fee is payable under subclause (1)(a) or (c),—

      but must be refunded if the application is declined; and

    • (b) if the export licence is granted, is payable, while the licence is in force, in each of the first to fourth subsequent years by the anniversary of the grant of the licence; and

    • (c) to avoid doubt, is payable in respect of a current licence granted before the commencement of these regulations.

    (5) For the purposes of subclause (3)(a), if an applicant holds 2 or more current export licences granted before the commencement of these regulations, the first of those licences is to be treated as if it were a licence for which a fee was paid under subclause (1)(a).

5 Fees exclusive of GST
  • The fees prescribed by these regulations are exclusive of goods and services tax.

6 Revocation
  • The New Zealand Horticulture Export Authority (Fees) Regulations 1993 (SR 1993/99) are revoked.

Martin Bell,
Acting for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 November 2002, prescribe—

  • the matters for which the New Zealand Horticulture Export Authority may charge fees; and

  • the maximum amount of the fees.

The maximum fees are exclusive of goods and services tax. These regulations revoke and replace the New Zealand Horticulture Export Authority (Fees) Regulations 1993.


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

Date of notification in Gazette: 17 October 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 New Zealand Horticulture Export Authority (Fees) Regulations 2002. The reprint incorporates all the amendments to the regulations as at 18 October 2002, 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.

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)