New Zealand Legislation: Regulations

12 Exemption suspended in certain circumstances

• (1) Subclause (2) applies if SNZI is satisfied that—

  • (a) Heinz Wattie's has ceased to impose a research and development levy on persons selling summerfruit to it on contract for processing; or

  • (b) the rate of the research and development levy is less than the relevant rate of levy set under this order; or

  • (c) Heinz Wattie's has ceased to make available to SNZI the research information arising from its use of the research and development levy.

  (2) SNZI may, after giving Heinz Wattie's a reasonable opportunity to be heard on the matter, suspend the exemption referred to in clause 11.

  (3) If the exemption is suspended,—

  • (a) SNZI must give written notice of the suspension and the date on which, in accordance with subclause (4), it takes effect; and

  • (b) clause 11 ceases to apply on and from the date specified in the notice.

  (4) A suspension of the exemption takes effect on the first day of the month specified by SNZI for the purpose (which must be a month that starts at least 7 days after the date of publication of the notice in the Gazette under subclause (7)(d)).

  (5) SNZI may revive the exemption with effect on and from the first day of any month if SNZI is satisfied that—

  • (a) Heinz Wattie's has imposed a research and development levy on persons selling summerfruit to it on contract for processing; and

  • (b) the rate of the research and development levy is equal to or greater than the relevant rate of levy set under this order; and

  • (c) Heinz Wattie's has made or will make available to SNZI the research information arising from its use of the research and development levy.

  (6) If the exemption is revived,—

  • (a) SNZI must give written notice of its revival and the date on which it takes effect; and

  • (b) clause 11 applies on and from the date specified in the notice.

  (7) Written notice required under subclause (3) or (6) must be given—

  • (a) to Heinz Wattie's; and

  • (b) to the extent practicable (whether by newsletter or other means), to growers who SNZI considers will be affected by the suspension; and

  • (c) in The Orchardist or SummerFruit: The Journal of Summerfruit New Zealand; and

  • (d) in the Gazette published not earlier than the dates of the notices given under paragraphs (a) and (b).