Commodity Levies (Rock Lobster) Order 2013

Reprint
as at 18 December 2013

Coat of Arms of New Zealand

Commodity Levies (Rock Lobster) Order 2013

(SR 2013/27)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 25th day of February 2013

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry for Primary Industries.


Pursuant to section 4 of the Commodity Levies Act 1990 (as applied by section 305 of the Fisheries Act 1996), His Excellency the Governor-General makes the following order, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister for Primary Industries given in accordance with sections 5 and 6 of the Commodity Levies Act 1990 (as modified by section 305 of the Fisheries Act 1996).

Order

1 Title
  • This order is the Commodity Levies (Rock Lobster) Order 2013.

2 Commencement
  • This order comes into force on 1 April 2013.

    Order: confirmed, on 18 December 2013, by section 9(e) of the Subordinate Legislation (Confirmation and Validation) Act 2013 (2013 No 142).

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

    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 starting on 1 April 2013 and ending on 30 September 2013:

    • (b) for the last levy year, the period starting on 1 October 2018 and ending on 24 February 2019:

    • (c) in every other case, a 1-year period starting on 1 October and ending on 30 September

    mediator means—

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

    NZ RLIC means NZ Rock Lobster Industry Council Limited

    quota owner means a person registered on a Quota Register under the Fisheries Act 1996 as the owner of quota

    quota share has the meaning given to it by section 42 of the Fisheries Act 1996

    quota weight equivalent has the meaning given to it by section 2(1) of the Fisheries Act 1996

    rock lobster means spiny rock lobster of the species Jasus edwardsii

    stock has the meaning given to it by section 2(1) of the Fisheries Act 1996.

Levy imposed

4 Levy imposed
  • (1) A levy is imposed on wild-caught rock lobster.

    (2) The levy is payable to NZ RLIC.

    (3) No levy is payable by the Crown.

Payment of levy

5 Quota owners primarily responsible for paying levy
  • The person who is the quota owner of quota in rock lobster at the close of the first day of a month is primarily responsible for paying the levy on the rock lobster for that month.

6 When levy payable
  • (1) The levy must be paid monthly.

    (2) The due date for payment of the levy for a month is the first day of that month.

    (3) The latest date for payment of the levy is the 20th day of that month.

7 Combined levy payments
  • (1) Despite clause 6, if an amount of levy payable for any month is less than $50 (excluding GST), that levy payment may be made with levy payments for 1 or more subsequent months of a relevant quarter (combined levy payment).

    (2) The latest date for payment of a combined levy payment is,—

    • (a) if the combined levy payment comprises payments for the first and second months of a relevant quarter and is $50 or more (excluding GST), the 20th day of the second month of the relevant quarter:

    • (b) in every other case, the 20th day of the third month of the relevant quarter.

    (3) In this clause, relevant quarter means (as applicable) the following periods:

    • (a) 1 January to 31 March:

    • (b) 1 April to 30 June:

    • (c) 1 July to 30 September:

    • (d) 1 October to 31 December.

8 Penalty for late payment
  • If any amount of levy has not been paid by the close of the latest date for payment, NZ RLIC may require the quota owner to pay to NZ RLIC up to 10% of the amount of the unpaid levy in addition to the amount otherwise payable.

Rate of levy

9 Levy calculation
  • (1) The levy payable in a levy year is to be calculated on the basis of the quota weight equivalent of a quota owner's quota shares in a stock of rock lobster.

    (2) If a levy year is shorter than a 1-year period, the levy payable in the levy year is to be pro-rated in proportion to the length of the levy year.

10 Levy may be set at different rates
  • The levy may be set at different rates for different stocks of rock lobster.

11 Maximum levy rate
  • The maximum levy rate is $2,000 (excluding GST) per tonne of quota weight equivalent.

12 Setting levy rate
  • (1) For the first levy year, each stock specified in the first column of the following table has the levy rate specified, as dollars per tonne of quota weight equivalent (excluding GST), opposite the stock in the second column of the table:

    Stock Levy rates
    ($ per tonne)
    CRA1 212.44
    CRA2 433.18
    CRA3 255.34
    CRA4 221.05
    CRA5 420.70
    CRA6 307.19
    CRA7 619.07
    CRA8 327.71
    CRA9 244.56

    (2) For each later levy year, NZ RLIC must set the levy rate before the start of the levy year—

    • (a) after completing the consultation process described in NZ RLIC's constitution; and

    • (b) in accordance with the procedure for setting the levy rate described in NZ RLIC's constitution.

    (3) If NZ RLIC does not set the levy rate before the start of a levy year, the levy rate for that year is the rate most recently set under this clause.

13 Notification of levy rate
  • As soon as practicable after setting a levy rate for a levy year, but before the start of the levy year, NZ RLIC must notify the levy rate,—

    • (a) in writing, directly to each quota owner; and

    • (b) in the Gazette.

Expenditure of levy money

14 Levy money to be spent by NZ RLIC
  • NZ RLIC 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) NZ RLIC may spend levy money for all or any of the following purposes relating to rock lobster:

    • (a) research and development, including obtaining scientific and technical services:

    • (b) management of rock lobster fisheries:

    • (c) policy issues affecting the rock lobster industry:

    • (d) promotion of the rock lobster industry:

    • (e) education and training:

    • (f) day-to-day administration of NZ RLIC.

    (2) NZ RLIC must not spend levy money on commercial or trading activities.

Record-keeping requirements and confidentiality of information

16 Records
  • (1) NZ RLIC must keep records of the following for each levy year:

    • (a) each amount of levy money paid to it; and

    • (b) the date on which each amount of levy money was received; and

    • (c) the person who paid each amount of levy money; and

    • (d) how (if at all) levy money was invested; and

    • (e) how and when levy money was spent.

    (2) The records required by this clause must be kept for at least 7 years after the levy year to which the records relate.

17 Confidentiality of information
  • (1) No officer or employee of NZ RLIC may disclose (except to an officer or employee of NZ RLIC) 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:

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

    • (c) the giving of evidence in any legal proceedings taken in relation to this order under, or in relation to, the Act.

    (3) Subclause (1) does not prevent NZ RLIC from disclosing or using any information—

    • (a) to determine the voting entitlements, and to count the votes, of quota owners:

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

    • (c) for the purposes of invoicing or collecting the levy:

    • (d) with the consent of every identifiable person to whom it relates:

    • (e) as required by law.

Miscellaneous

18 Returns
  • (1) NZ RLIC may request, in writing, from each quota owner any information that NZ RLIC reasonably requires for the purpose of determining the amount of levy payable by the quota owner.

    (2) Each quota owner must, as soon as is reasonably practicable after receiving a request from NZ RLIC, supply NZ RLIC with a written return of the information requested.

19 Conscientious objectors
  • (1) A quota owner who objects on conscientious or religious grounds to the manner of recovery of levy money by NZ RLIC may pay the amount concerned to the Director-General of the Ministry for Primary Industries.

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

20 Remuneration of persons conducting compliance audit
  • A person appointed as an auditor under section 15 of the Act must be remunerated by NZ RLIC at a rate determined by the Minister for Primary Industries after consultation with NZ RLIC.

Mediation of disputes

21 Appointment of mediators
  • (1) This clause applies to a dispute concerning—

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

    • (b) the amount of levy 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 if—

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

    • (b) the mediator resolves the dispute under clause 28.

22 Remuneration of mediators
  • (1) A mediator is to be paid remuneration (by way of fees and allowances) as agreed by the parties to the dispute.

    (2) If the parties to a dispute 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; and

    • (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).

23 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.

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

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

26 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.

27 Evidence
  • (1) A mediator may hear and take into account any relevant evidence or information, whether or not it would normally 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.

28 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.

29 Cost of mediation
  • Each party must pay its own costs in relation to the mediation.

30 Appeal to District Court
  • (1) A party to a dispute who is dissatisfied with the mediator's decision under clause 28 may appeal to a District Court against the decision.

    (2) The 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 the other parties to the dispute; 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) The District 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.

Michael Webster,
for 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 April 2013, imposes a levy on rock lobster. The levy must be paid by any person who owns quota in rock lobster stocks in accordance with the Fisheries Act 1996. The levy is payable to NZ Rock Lobster Industry Council Limited. Prior to this order, a levy was imposed in respect of quota in rock lobster stocks by the Commodity Levies (Fish) Order 2002. That order expires at the close of 10 March 2013 and, in respect of rock lobster, is replaced by this order.

Under section 12 of the Commodity Levies Act 1990, this order will be deemed to be revoked at the close of 30 June 2014 unless it is confirmed by an Act of Parliament passed on or before that date. The order will then be deemed to be revoked 6 years after it is made, by virtue of section 13(1) of the Commodity Levies Act 1990, unless the order is earlier revoked or extended.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 February 2013.


Reprints notes
1 General
  • This is a reprint of the Commodity Levies (Rock Lobster) Order 2013 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Subordinate Legislation (Confirmation and Validation) Act 2013 (2013 No 142): section 9(e)