Commodity Levies (Summerfruit) Amendment Order 2018

2018/216

Coat of Arms of New Zealand

Commodity Levies (Summerfruit) Amendment Order 2018

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 5th day of November 2018

Present:
Her Excellency the Administrator of the Government in Council

This order is made under section 4 of the Commodity Levies Act 1990

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Agriculture made in accordance with sections 5 and 6 of that Act.

Order

1 Title

This order is the Commodity Levies (Summerfruit) Amendment Order 2018.

2 Commencement

This order comes into force on the 28th day after the date of its notification in the Gazette.

3 Principal order

This order amends the Commodity Levies (Summerfruit) Order 2014 (the principal order).

4 Clause 3 amended (Interpretation)

(1)

In clause 3(1), revoke the definition of FOB value.

(2)

In clause 3(1), insert in its appropriate alphabetical order:

first point of sale, in the case of export for sale, means when the summerfruit is accepted for export by a licensed summerfruit exporter

5 Clause 7 replaced (Calculation)

Replace clause 7 with:

7 Calculation

SNZI must calculate the levy for summerfruit sold in New Zealand as follows:

(a)

on the basis of the selling price of the summerfruit, for summerfruit sold in New Zealand as whole fresh fruit or exported as whole fresh fruit by, or on behalf of, the commercial grower:

(b)

on the basis of the notional process value of the summerfruit, for summerfruit processed by, or on behalf of, the commercial grower.

6 Clause 8 amended (Rates)

(1)

In clause 8(2), replace “price, the notional process value, or the FOB value” with “price or the notional process value”.

(2)

In clause 8(3), replace “price, the notional process value, or the FOB value” with “price or the notional process value”.

7 Clause 13 amended (Information to determine payment)

Replace clause 13(1)(c) with:

(c)

the selling price and quantity of summerfruit exported by the grower.

8 Clause 18 amended (Commercial growers)

(1)

In clause 18(1)(c), replace “FOB value” with “selling price”.

(2)

In clause 18(1)(h), replace “FOB value” with “selling price”.

9 Clause 19 amended (Collection agents)

In clause 19(1)(e), replace “FOB value” with “selling price”.

10 Clause 20 amended (SNZI)

In clause 20(1)(e), delete “, FOB value,”.

Rachel Hayward,
acting 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 the 28th day after the date of its notification in the Gazette, amends the Commodity Levies (Summerfruit) Order 2014. It removes the expression FOB value and instead uses selling price, for which a definition is already provided.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 31 December 2019, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(b) of that Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 8 November 2018.

This order is administered by the Ministry for Primary Industries.