Commodity Levies (Asparagus) Order 2012

Reprint
as at 12 December 2012

Coat of Arms of New Zealand

Commodity Levies (Asparagus) Order 2012

(SR 2012/186)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 23rd day of July 2012

Present:
Her Excellency the Administrator of the Government 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.

This order is administered by the Ministry for Primary Industries.


Pursuant to section 4 of the Commodity Levies Act 1990, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Primary Industries given in accordance with sections 5 and 6 of that Act, makes the following order.

Order

1 Title
  • This order is the Commodity Levies (Asparagus) Order 2012.

2 Commencement
  • This order comes into force on 1 September 2012.

    Order: confirmed, on 12 December 2012, by section 8(g) of the Subordinate Legislation (Confirmation and Validation) Act 2012 (2012 No 97).

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

    asparagus means spears of the species Asparagus officinalis or of any plant that is a hybrid of that species

    commercial asparagus grower, in relation to a levy year, means the occupier of land totalling 500 m2 or more that, as at 30 June in a levy year, is planted with asparagus for commercial purposes

    Council means the industry organisation that, on the commencement of this order, was known as the New Zealand Asparagus Council Incorporated

    GST means goods and services tax payable under the Goods and Services Tax Act 1985

    levy means the levy imposed by clause 4

    levy money means money paid or payable under this order as levy

    levy year means,—

    • (a) for the first levy year, the period beginning on the commencement of this order and ending on 31 March 2013; and

    • (b) for each later levy year, a period of 12 months beginning on 1 April and ending on 31 March in the following year

    mediator means—

    • (b) for a particular dispute, a mediator appointed to resolve the dispute

    NZGROWER means the publication published under that name before the commencement of this order.

Levy imposed

4 Levy imposed
  • (1) A levy is imposed on all asparagus planted in New Zealand by commercial asparagus growers.

    (2) The levy is payable to the Council.

Payment of levy

5 Growers responsible for paying levy
  • Commercial asparagus growers are primarily responsible for paying the levy.

Rate of levy

6 Calculation of levy
  • (1) The amount of levy payable by a commercial asparagus grower in a levy year is the amount calculated in accordance with the following formula:

    a × r

    where—

    a
    is the area of land in hectares (expressed to 2 decimal places in the case of any part hectare) occupied by the commercial asparagus grower and planted with asparagus,—
    • (a) in relation to the first levy year, as at the commencement of this order:

    • (b) in relation to any later levy year, as at 30 June in that levy year

    r
    is the rate of levy for the levy year fixed by or in accordance with clause 10.

    (2) Subclause (1) is subject to clause 10.

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

8 Maximum rate of levy
  • The maximum rate of the levy is $200 per hectare of asparagus (excluding GST).

9 Minimum levy payment
  • The minimum levy payment is the amount (excluding GST) that would be calculated under clause 6 on 1 hectare of asparagus.

10 Fixing of levy rate
  • (1) For the first levy year, the levy rate is $100 per hectare of asparagus (excluding GST).

    (2) For each later levy year, the Council must fix the levy rate at—

    • (a) its annual general meeting in that levy year; or

    • (b) any special general meeting called for the purpose and held at the beginning of the levy year.

    (3) If the Council does not fix the levy rate for any later levy year under subclause (2), the levy rate for that year is the rate most recently fixed under this clause.

11 Notification of rate of levy
  • As soon as practicable after fixing the levy rate for a levy year, the Council must notify the rate—

    • (a) in NZGROWER; or

    • (b) if NZGROWER ceases to be published, in any publication that replaces it; or

    • (c) if NZGROWER ceases to be published and no publication replaces it, in a publication specified for the purposes of this order by the Minister for Primary Industries by notice in the Gazette.

When levy payable

12 When levy payable
  • (1) The levy is an annual levy and is payable for each levy year.

    (2) The due date for payment of the levy is 30 November in the levy year.

    (3) The latest date for payment of the levy is 28 February in the levy year.

13 Penalty for late payment
  • If a levy has not been paid on or before the latest date for payment under clause 12(3), the commercial asparagus grower must pay to the Council an increased levy comprising—

    • (a) the amount of the levy outstanding as at the latest date for payment; plus

    • (b) 10% of that amount.

Expenditure of levy money

14 Council must spend levy money
  • The Council must—

    • (a) spend all the levy money paid to it; and

    • (b) invest all levy money until it is spent.

15 Purposes for which levy money may be spent
  • (1) The Council may spend levy money for all or any of the following purposes relating to asparagus:

    • (a) product research and development:

    • (b) market research and development:

    • (c) promotion of asparagus:

    • (d) quality assurance:

    • (e) biosecurity:

    • (f) education:

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

    (2) The Council must not spend any levies on commercial or trading activities.

16 Consultation on spending levy money
  • (1) The Council must consult commercial asparagus growers on how it proposes to spend levy money and provide details of the previous 12 months’ expenditure of levy money—

    • (a) at every annual general meeting of the Council; and

    • (b) at any special meeting of the Council called for the purpose.

    (2) For the purposes of subclause (1), the Council must, at the meeting,—

    • (a) present a budget for the proposed expenditure of levy money to be collected in the following levy year; and

    • (b) present accounts relating to the expenditure of levy money collected in the previous levy year; and

    • (c) allow reasonable time at the meeting for commercial asparagus growers to discuss expenditure of levy money.

Record-keeping requirements and confidentiality of information

17 Records
  • (1) A commercial asparagus grower must, for each levy year, keep records of—

    • (a) the area of land occupied by the commercial asparagus grower and planted in asparagus:

    • (b) the amount of levy paid:

    • (c) the name of the entity that paid the levy.

    (2) The Council must, for each levy year, keep records of—

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

      • (i) the date on which it was received; and

      • (ii) the name of the entity that paid it; and

      • (iii) the area of land to which the levy relates:

    • (b) how (if at all) levy money paid to it in that year was invested:

    • (c) how and when levy money paid to it was spent.

    (3) The records required by this clause must be retained for at least 2 years after the end of the levy year to which the records relate.

    (4) This clause does not require a commercial asparagus grower or the Council to keep a nil record.

18 Confidentiality of information
  • (1) No officer or employee of the Council may disclose (other than to some other person who is an officer or employee of the Council) any information obtained—

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

    • (b) under the Act in relation to this order.

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

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

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

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

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

      • (ii) under the Act in relation to this order.

    (3) Subclause (1) does not prevent the Council from disclosing or using any information—

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

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

    • (c) for the purpose of collecting levies; or

    • (d) for the purpose of determining the voting entitlements, and the counting of votes, of members of the Council; or

    • (e) with the consent of every identifiable person to whom the information relates.

Miscellaneous

19 Returns
  • (1) For the purpose of calculating the levy payable by a commercial asparagus grower in a levy year, a commercial asparagus grower must provide the Council with a written return of the information specified in subclause (2) requested in writing by the Council.

    (2) The information is the area of land in hectares (expressed to 2 decimal places in the case of any part hectare) occupied by the commercial asparagus grower and planted with asparagus,—

    • (a) in the case of the first levy year, as at the commencement of this order:

    • (b) in the case of any later levy year, as at 30 June in that levy year.

    (3) The commercial asparagus grower must provide the return to the Council as soon as is reasonably practicable after receiving the request from the Council but no later than the latest date for payment of the levy specified in clause 12(3).

20 Conscientious objectors
  • (1) A commercial asparagus grower who objects on conscientious or religious grounds to the payment to the Council of an amount of levy money may pay the amount concerned to the Director-General of the Ministry for Primary Industries.

    (2) The Director-General must pay the amount to the Council.

21 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 Council at a rate determined by the Minister for Primary Industries after consultation with the Council.

Mediation of disputes

22 Appointment of mediators
  • (1) This clause applies to any dispute concerning—

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

    • (b) the amount of levy money payable.

    (2) A party to the dispute may ask the President of the Arbitrators and Mediators Institute of New Zealand Incorporated to appoint a person to resolve the dispute by mediation.

    (3) If asked, the President, or a person authorised by the President, may appoint a person to resolve the dispute by mediation.

    (4) The mediator's appointment ends when—

    • (a) the parties resolve the dispute by agreement; or

    • (b) the mediator resolves the dispute under clause 29.

23 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 cannot agree on a mediator’s remuneration, the President of the Arbitrators and Mediators Institute of New Zealand Incorporated, or a person authorised by the President, must—

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

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

    (3) Each party must pay to the mediator the amount or amounts fixed and specified under subclause (2).

24 Conferences under control of mediator
  • A mediator must—

    • (a) organise the date, time, and place for each conference to be held by the mediator; and

    • (b) notify the parties of the matters specified in paragraph (a) by post or email; and

    • (c) preside at the conference.

25 Conference to be held in private
  • Subject to clause 26, only the parties to a dispute and the mediator may attend a conference organised by the mediator.

26 Representatives
  • A mediator may allow a representative of any party to a dispute to attend a conference, if satisfied that it is appropriate to do so in all the circumstances.

27 Right to be heard
  • The following persons may be heard at a conference with a mediator:

    • (a) each party to the dispute; and

    • (b) each representative of a party allowed by the mediator to attend the conference.

28 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,—

    • (a) seek and receive any evidence that the mediator thinks desirable to resolve the dispute; and

    • (b) make any investigations and inquiries that the mediator thinks desirable to resolve the 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.

29 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) A mediator who resolves a dispute under subclause (1) must give each of the parties written notice of the mediator’s decision and the reasons for that decision.

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

30 Costs of mediation
  • Each party to the dispute must pay its own costs in relation to the mediation.

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

    (2) An appeal must be brought by the filing of a notice of appeal—

    • (a) within 28 days of the making of the decision concerned; or

    • (b) 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

    • (b) notify the appellant and all other parties to the dispute of the time and place for the hearing of the appeal; and

    • (c) serve a copy of the notice of appeal on every other party to the dispute.

    (4) Every party to the dispute may appear and be heard at the hearing of the appeal.

    (5) On hearing the appeal, the court may confirm, vary, or reverse the mediator's decision.

    (6) The filing of a notice of appeal does not operate as a stay of any process for the enforcement of the mediator's decision.

32 Revocation

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 September 2012, revokes and replaces the Commodity Levies (Asparagus) Order 2006 (which expired on 22 June 2012).

This order imposes a levy on asparagus planted in New Zealand for commercial purposes. The levy is payable to the New Zealand Asparagus Council Incorporated and is calculated on the basis of the area of land occupied by a commercial asparagus grower and planted in asparagus. The levy is intended to fund activities specifically related to asparagus, including research, promotion, and industry development.

Unless earlier revoked, this order expires 6 years after it is made by virtue of section 13(1) of the Commodity Levies Act 1990.


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

Date of notification in Gazette: 26 July 2012.


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 (Asparagus) Order 2012. The reprint incorporates all the amendments to the order as at 12 December 2012, 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)
  • Subordinate Legislation (Confirmation and Validation) Act 2012 (2012 No 97): section 8(g)