New Zealand Legislation: Regulations

5 New regulations 5 to 5D substituted

• Regulation 5 is revoked and the following regulations are substituted:

  “5 Advance estimates of raw milk requirements

  • An independent processor must, in accordance with regulations 6 and 7, provide new co-op with advance estimates of the quantity of raw milk required by the independent processor.

  “5A New co-op must prepare preliminary forecasts of estimated total raw milk requirements in each season

  • “(1) In each season, new co-op must prepare a preliminary forecast of the estimated total raw milk requirements of—

    • “(a) each independent processor for the season; and

    • “(b) all independent processors for the season.

    “(2) The preliminary forecast of the estimated total raw milk requirements of each independent processor for the season is to be based on—

    • “(a) the total quantity of winter milk actually supplied to the independent processor in the season; and

    • “(b) the estimated total quantity of raw milk to be supplied to the independent processor in October of the season based on an aggregate of the daily estimates provided by the independent processor in July in accordance with regulation 6(2)(a); and

    • “(c) the estimated total quantity of raw milk to be supplied to the independent processor in all other months of the season based on the quantity estimated under paragraph (b) plus 10%.

    “(3) The preliminary forecast of the estimated total raw milk requirements of all independent processors for the season is to be based on the aggregate of each independent processor's raw milk requirements under subclause (2).

    “(4) New co-op must, by the 10th working day in August in a season, provide the preliminary forecasts prepared under subclauses (2) and (3) to the chief executive.

  “5B New co-op must prepare final forecasts of estimated total raw milk requirements in each season

  • “(1) In each season, new co-op must prepare final forecasts of the estimated total raw milk requirements of—

    • “(a) each independent processor for the season; and

    • “(b) all independent processors for the season.

    “(2) The final forecast of the estimated total raw milk requirements for each independent processor in the season is to be based on—

    • “(a) the total quantity of winter milk actually supplied to the independent processor in the season; and

    • “(b) the total quantity of raw milk actually supplied to the independent processor in August, September, and October in the season; and

    • “(c) the estimated total quantity of raw milk to be supplied to the independent processor in the balance of the season based on the total quantity of raw milk supplied to the independent processor in October plus 10%.

    “(3) The final forecast of the estimated total raw milk requirements of all independent processors for the season is to be based on the aggregate of each independent processor's raw milk requirements for the season under subclause (2).

  “5C Chief executive must verify final forecasts and prorate if estimated total demand for raw milk in season is likely to exceed limit on supply

  • “(1) New co-op must, by the 10th working day in November in a season, provide the final forecasts prepared under regulation 5B to the chief executive for verification.

    “(2) The chief executive must—

    • “(a) verify the information in the final forecasts; and

    • “(b) if the final forecasts as verified indicate that the estimated total quantity of raw milk required by all independent processors for the season is likely to exceed the limit on the volume of raw milk that new co-op must supply under regulation 11(2),—

      • “(i) calculate, on a pro rata basis, the decrease in the total quantity of raw milk that each independent processor may receive for the balance of the season in order to bring the estimated total demand for raw milk in the season within the limit specified in regulation 11(2); and

      • “(ii) publish a notice in the Gazette stating that the maximum quantity of raw milk that independent processors may receive from new co-op for the balance of the season is to be adjusted to bring the estimated total demand for raw milk in the season within the limit specified in regulation 11(2); and

      • “(iii) notify new co-op and each independent processor in writing of the decrease in the total quantity of raw milk that new co-op may supply to the independent processor for the balance of the season.

  “

  “5D New co-op must advise chief executive of actual supply of raw milk after close of season

  • New co-op must, within 20 working days after the close of a season, provide a return to the chief executive stating how much raw milk was actually supplied by new co-op—

    • “(a) to each independent processor in each month of the season; and

    • “(b) to all independent processors for the whole of the season.”