Commodity Levies (Eggs) Order 2004

  • revoked
  • Commodity Levies (Eggs) Order 2004: revoked, on 21 December 2010, by clause 33 of the Commodity Levies (Eggs) Order 2010 (SR 2010/391).

Reprint
as at 20 December 2010

Coat of Arms of New Zealand

Commodity Levies (Eggs) Order 2004

(SR 2004/469)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 20th day of December 2004

Present:
Her Excellency the Governor-General in Council

  • Commodity Levies (Eggs) Order 2004: revoked, on 20 December 2010, by clause 33(1) of the Commodity Levies (Eggs) Order 2010 (SR 2010/391).

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 4 of the Commodity Levies Act 1990, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

  • This order is the Commodity Levies (Eggs) Order 2004.

2 Commencement

  • This order comes into force on 4 March 2005.

3 Interpretation

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

    chick means a chicken, of a kind usually kept primarily for the production of eggs (rather than the production of poultry meat), that is less than 5 days old when sold for the first time

    chicken means a member of the species Gallus domesticus

    eggs means the commodity specified in clause 4(1)

    the Federation means the body known on the commencement of this order as the Egg Producers Federation of New Zealand (Incorporated)

    hatchery means a person who or that produces chicks for sale

    the industry means the business of producing eggs in New Zealand for sale

    levy means the levy imposed by clause 4

    levy money means money paid under this order as levy

    levy year—

    • (a) means a period of 12 months that begins on 1 January and ends on 31 December; and

    • (b) includes the period that begins on the commencement of this order and ends on 31 December 2005

    mediator means a person appointed under clause 24(2); and, in relation to a dispute, means a mediator appointed to resolve that dispute

    producer, in any levy year, means a person who or that has bought more than 100 chicks in that levy year, and—

    • (a) produces eggs for sale; or

    • (b) rears chicks for the purpose of supplying them to persons who or that produce eggs for sale.

Imposition and payment of levy

4 Levy imposed

  • (1) A levy is imposed on all chicken eggs produced in New Zealand for sale.

    (2) The levy is payable to the Federation.

Responsibility for payment of levy

5 Producers to pay levy

  • A producer who buys chicks is primarily responsible for paying the levy payable on the sale of the chicks.

6 Hatcheries to pay levy and recover it from producers

  • (1) A hatchery that sells chicks to a producer—

    • (a) must pay the levy payable on their sale; and

    • (b) may recover the levy (and any goods and services tax paid in respect of it) from the producer by including it in the price payable for the chicks.

    (2) A hatchery is not entitled to charge a collection fee for paying and recovering the levy.

Determination of levy by Federation

7 Basis of calculation of levy

  • The levy is to be calculated on the basis of the sale of chicks to producers by hatcheries.

8 Hatcheries to provide chick sales figures

  • (1) A hatchery must provide monthly chick sales figures to the Federation.

    (2) The sales figures must accompany the levy payments.

9 Levy to be paid at single rate

  • The levy is to be paid at a single rate.

10 Maximum rate of levy

  • The maximum rate of the levy is 50 cents per chick, exclusive of goods and services tax.

11 Federation to fix actual rate of levy

  • The Federation must fix the actual rate of the levy,—

    • (a) for the levy year that begins on the commencement of this order, by any lawful means at the rate last fixed under the Commodity Levies (Eggs) Order 1999:

    • (b) for any subsequent levy year, at the annual general meeting of the Federation.

12 Rate if no rate fixed before beginning of levy year

  • If the Federation does not set the actual rate of levy before the beginning of a levy year, the levy for that year is payable at the rate last fixed under clause 11.

13 Notification of levy rate

  • As soon as is practicable after the rate of levy for a levy year has been fixed, the Federation must notify it—

    • (a) in the Gazette; and

    • (b) in a Federation newsletter or other means sent to all levy payers known to the Federation.

Payment of levy

14 Levy payable monthly

  • The levy is to be paid monthly, in respect of each calendar month.

15 When levy payable

  • (1) The due date for payment of the levy is the date on which the hatchery that produced the chicks sells them to a producer.

    (2) The latest day for payment of the levy is the 20th day of the month after the month in which the due date for its payment occurs.

16 Returns

  • A hatchery must, as soon as is reasonably practicable after the end of each quarterly period (being the 3-monthly periods ending with the close of the months of March, June, September, and December in any levy year), inform the Federation in writing of the names of the producers who have paid the levy.

Expenditure of levy money

17 Federation must spend levy money

  • The Federation must spend or (pending expenditure) invest all levy money paid to it.

18 Purposes for which levy money may be spent

  • The Federation may spend levy money for any or all of the following purposes:

    • (a) generic promotion and advertising in relation to eggs, including marketing and public relations:

    • (b) research and development relating to egg production:

    • (c) protection and improvement of the health of chickens:

    • (d) provision of education and information in relation to eggs to producers and consumers:

    • (e) collation of industry statistics:

    • (f) development of codes of practice and industry standards:

    • (g) the day-to-day administration of the Federation.

19 Consultation on how levy money proposed to be spent

  • The Federation must consult producers on how it proposes to spend its levy money, by—

    • (a) notifying producers, by Federation newsletter or other means, of its general meetings; and

    • (b) circulating a draft budget and plan as to how the money is to be spent before its annual general meeting or any other special meeting called to discuss the draft budget and plan; and

    • (c) discussing the draft budget and plan with members of the Federation at its annual general meeting or any other special meeting called to discuss the draft budget and plan, and approving them at the meeting.

Record-keeping requirements and confidentiality of information

20 Records

  • (1) The Federation must, in each levy year, keep records of—

    • (a) each amount of levy money paid to it and, in relation to each amount,—

      • (i) the hatcheries who collected the levy; and

      • (ii) the producers who were liable to pay the levy; and

    • (b) how levy money paid to it has been invested or spent.

    (2) The Federation must retain the records for 2 years after the levy year to which the records relate.

21 Confidentiality of information

  • (1) No officer or employee of the Federation or any other person who gathers information may disclose (otherwise than to some other officer or employee of the Federation) any information obtained,—

    • (a) under 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

    • (c) the giving of evidence in any legal proceedings taken—

      • (i) under or in relation to this order; or

    (3) Subclause (1) does not prevent the Federation or a hatchery from disclosing or using information—

    • (a) for statistical or research purposes, if the information is in a form that does not identify any individual; or

    • (b) for the purposes of invoicing and collecting the levy; or

    • (c) with the consent of every identifiable person to whom it relates; or

    • (d) as required by law.

Miscellaneous

22 Conscientious objectors

  • (1) A producer or hatchery who objects on conscientious or religious grounds to the manner of recovery by the Federation of an amount of levy money may pay the amount concerned to the chief executive of the Ministry of Agriculture and Forestry.

    (2) The chief executive must pay the amount to the Federation.

23 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 Federation at a rate determined by the Minister of Agriculture after consultation with the Federation.

Mediation in case of dispute

24 Appointment of mediators

  • (1) This clause applies to any dispute about—

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

    • (b) the amount of levy payable.

    (2) Any party to the dispute may ask the President of the New Zealand Institute of Chartered Accountants to appoint a person 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 by agreement; or

    • (b) the mediator resolves the dispute under clause 31.

    Clause 24(2): amended, on 7 July 2010, by section 11 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

25 Remuneration of mediators

  • (1) A mediator must be paid the remuneration (by way of fees and allowances) agreed to 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 is to 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 25(2): amended, on 7 July 2010, by section 11 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

26 Time and place of conference

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

27 Conference to be held in private

  • Only the parties to a dispute and the mediator may attend a conference organised by the mediator.

28 Representatives

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

29 Right to be heard

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

30 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 giving evidence at a conference of the parties to a dispute to verify the evidence by statutory declaration.

31 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.

32 Appeal to District Court

  • (1) A party to a dispute who is dissatisfied with the decision made by a mediator under clause 31 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 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.

Revocation

33 Revocation

  • (1) The Commodity Levies (Eggs) Order 1999 (SR 1999/56) is revoked.

    (2) Despite subclause (1), amounts of levy that become payable to the Federation under the Commodity Levies (Eggs) Order 1999 before the commencement of this order continue to be due and payable as if that order had not been revoked.

Diane Morcom,
Clerk of the Executive Council.

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

Date of notification in Gazette: 23 December 2004.

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 (Eggs) Order 2004. The reprint incorporates all the amendments to the order as at 20 December 2010, 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)

  • Commodity Levies (Eggs) Order 2010 (SR 2010/391): clause 33

    New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74): section 11