This Act may be cited as the Co-operative Dairy Companies Amendment Act 1978, and shall be read together with and deemed part of the Co-operative Dairy Companies Act 1949 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section 2(1) of the principal Act is hereby amended as from the commencement of the principal Act by repealing the definitions of the terms “co-operative dairy company” and “principal object”, and substituting the following definitions:

“‘Co-operative dairy company’ means a company that is incorporated under the Companies Act 1955 or under any former Companies Act (whether before or after the commencement of this Act) and that has adopted regulations in the form of the regulations specified in subsection (2) or subsection (3) of this section, as the case may require, and that has for its principal object—

“(a)

The manufacture of butter, cheese, dried milk, casein, or any other product from milk, cream, or butterfat supplied to the company by its shareholders; or

“(b)

The sale to another co-operative dairy company or to the New Zealand Dairy Board of the milk, cream, or butterfat so supplied; or

“(c)

The collection, treatment, and distribution for human consumption of milk or cream so supplied,—

but does not include a co-operative milk marketing company as defined in section 2(1) of the Cooperative Companies Act 1956 that is registered under that Act:

“‘Principal object’, in relation to any company, means the principal business that the company for the time being carries on (whether or not through the agency of a co-operative dairy company), notwithstanding that by its memorandum of association or by any Act the company may be authorised to carry on any other business:”.

(2)

Section 3 of the principal Act is hereby consequentially amended as from the commencement of the principal Act by repealing subsection (1), and substituting the following subsection:

“(1)

Any company (whether incorporated before or after the commencement of this Act) that has for its principal object any of the objects specified in paragraphs (a) to (c) of the definition of the term “co-operative dairy company” in section 2(1) of this Act, may by special resolution adopt all or any of the regulations contained in the model articles of association set out in the First Schedule to this Act.”

(3)

The First Schedule to the principal Act is hereby consequentially amended as from the commencement of the principal Act by omitting from regulation 137 of the model articles of association of a co-operative dairy company the words “shall be handled, manufactured, or rendered marketable by the Company, and”.

(4)

Where the regulation amended by subsection (3) of this section has been adopted by any company under section 3 of the principal Act and forms part of the articles of association of the company immediately before the commencement of this Act, the amendment made in the regulation by subsection (3) of this section shall be deemed to have been duly made in the articles of association of the company as from the date of such adoption.

3 Registration of co-operative dairy company

Section 4 of the principal Act (as amended by section 2 of the Cooperative Dairy Companies Amendment Act 1970) is hereby further amended by repealing subsections (8) and (9), and substituting the following subsections:

“(8)

After giving the company, the Registrar, and such other persons as the Tribunal thinks fit a reasonable opportunity to be heard on the matter and hearing such submissions (if any) as those persons may make, the Tribunal shall consider the grounds referred to it by the Registrar and any submissions made by those persons, and shall decide whether the company is, or is not, or has ceased to be, a co-operative dairy company within the meaning of this Act.

“(9)

Every decision of the Tribunal under this section shall be reported by the Tribunal to the Registrar, who shall immediately notify the company. If the decision (after the determination of any appeal thereon under section 19 of this Act) is that the company is not or has ceased to be a co-operative dairy company within the meaning of this Act, the Registrar shall forthwith cancel the registration of the company which shall cease to be subject to the provisions of this Act.”

4 Minister of Finance may acquire shares

(1)

The principal Act is hereby amended by inserting, after section 4a (as inserted by section 2 of the Co-operative Dairy Companies Amendment Act 1951), the following section:

“4b

The Minister of Finance may from time to time, on behalf of Her Majesty, subscribe for or otherwise acquire shares in any co-operative dairy company registered under this Act.”

(2)

Section 8 of the Finance Act (No. 3) 1944 is hereby consequentially repealed.

5 Dairy companies not to describe themselves as co-operative unless entitled to registration under this Act

Section 5(3) of the principal Act (as amended by section 7 of the Decimal Currency Act 1964) is hereby further amended by omitting the words “twenty dollars”, and substituting the expression “$50”.

6 Surrendered shares not to exceed one-fifth of issued shares without authority of Tribunal

Section 14(2) of the principal Act (as amended by section 7 of the Decimal Currency Act 1964) is hereby further amended by omitting the words “one hundred dollars”, and substituting the expression “$200”.

7 Co-operative Dairy Companies Tribunal

Section 17(2) of the principal Act is hereby amended by omitting from paragraphs (a) and (b) the words “One member”, and substituting in each case the words “Two members”.

8 Procedure of Tribunal

(1)

Section 18 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

At any meeting of the Tribunal, 3 members thereof, including the Chairman and a member appointed pursuant to section 17(2)(a) of this Act, shall form a quorum.”

(2)

Section 18(4) of the principal Act is hereby amended by inserting, after the word “members”, the word “present”.

(3)

Section 18 of the principal Act is hereby further amended by repealing subsection (5), and substituting the following subsection:

“(5)

For the purposes of—

“(a)

Any application to the Tribunal under this Act; or

“(b)

Any referral by the Registrar to the Tribunal under section 4(7) of this Act—

the provisions of the Commissions of Inquiry Act 1908 shall, so far as they are applicable and with the necessary modifications, apply as if the Tribunal were a Commission of Inquiry appointed under that Act.”

9 Tribunal may state case for opinion of Supreme Court

The principal Act is hereby amended by inserting, after section 18, the following section:

“18a

“(1)

The Tribunal may at any time state a case for the opinion of the Supreme Court on any question of law arising in any matter before it.

“(2)

Every question of law arising in any case stated under this section shall be heard and determined by the Administrative Division of the Supreme Court.

“(3)

The Supreme Court may order the removal into the Court of Appeal of any case stated for the opinion of the Supreme Court under this section.

“(4)

The Supreme Court or the Court of Appeal, as the case may be, shall hear and determine the question, and shall remit the case with its opinion to the Tribunal.”

10 Appeals to Supreme Court on questions of law only

(1)

The principal Act is hereby amended by repealing section 19, and substituting the following section:

“19

“(1)

Subject to subsections (2) to (10) of this section, every decision of the Tribunal shall be final and binding on the parties to the proceedings.

“(2)

Where any party to any proceedings before the Tribunal is dissatisfied with any decision of the Tribunal as being erroneous in point of law, he may appeal to the Supreme Court by way of case stated for the opinion of the Court on a question of law only. Every such appeal shall be heard and determined by the Administrative Division of the Supreme Court.

“(3)

Within 14 days after the date of the decision the appellant shall lodge a notice of appeal with the Tribunal. The appellant shall forthwith deliver or post a copy of the notice to every other party to the proceedings.

“(4)

Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Tribunal may in his discretion allow, the appellant shall state in writing and lodge with the Tribunal a case setting out the facts and the grounds of the decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.

“(5)

The Chairman of the Tribunal shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, send it to the Registrar of the Supreme Court at Wellington, and make a copy available to each party.

“(6)

The settling and signing of the case by the Chairman shall be deemed to be the statement of the case by the Tribunal.

“(7)

If within 14 days after the lodging of the notice of appeal, or within such further time as may be allowed, the appellant does not lodge a case pursuant to subsection (4) of this section, the Chairman of the Tribunal may certify that the appeal has not been prosecuted.

“(8)

The Court or a Judge thereof may in its or his discretion, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal or the stating of any case.

“(9)

Subject to the provisions of this section, the case shall be dealt with in accordance with rules of Court.

“(10)

The provisions of section 144 of the Summary Proceedings Act 1957 shall apply in respect of any determination under this section as if the determination were made under section 107 of the Summary Proceedings Act 1957.”

(2)

Notwithstanding subsection (1) of this section, where proceedings that challenge any proceeding or decision of the Tribunal have been commenced in a Court, but not heard by the Court, before the date of commencement of this section, those proceedings shall be heard and determined by the Court as if subsection (1) of this section had not been enacted and as if for the words “except on the ground of lack of jurisdiction” in section 19(2) of the principal Act (as in force immediately before the commencement of this section) there were substituted the words “except on a question of law”.

11 Regulations

Section 27(3) of the principal Act (as added by section 6 of the Co-operative Dairy Companies Amendment Act 1956 and amended by section 7 of the Decimal Currency Act 1964) is hereby further amended by omitting the words “four hundred dollars or imprisonment for a term of 6 months”, and substituting the expression “$1,000”.

This Act is administered in the Department of Justice.

Co-operative Dairy Companies Amendment Act 1978