Energy (Fuels, Levies, and References) Act 1989

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Reprint as at 7 August 2020

Coat of Arms of New Zealand

Energy (Fuels, Levies, and References) Act 1989

Public Act
 
1989 No 140
Date of assent
 
19 December 1989
Commencement
 
see section 1(2)

Act name: substituted, on 20 September 2007, by section 5(1)(a) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).

Note

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

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

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Title and commencement
1AAATransitional, savings, and related provisions
1AAct binds the Crown
1BInterpretation
Part 1
Abolition of Ministry of Energy
2Interpretation
3Abolition of Ministry of Energy
4Consequential amendments to references to Minister of Energy, Secretary of Energy, and Ministry of Energy
5Consequential amendments
6Repeals
7Consequential amendments to regulations
8Revocations
Savings
9Delegation of powers by Minister or Secretary
10Existing proceedings
11Existing consents, licences, permits, approvals, or remissions, etc
Part 2
Function of Minister in relation to price control
[Repealed]
12Interpretation [Repealed]
13Control of goods or services [Repealed]
Part 3
Levies
14Purpose of levies
14AEnergy Efficiency and Conservation Authority consultation about request for appropriation
15Levies payable by owners of coal mines [Repealed]
16Levies payable by owners of mineral mines [Repealed]
17Levy payable by holders of prospecting licences [Repealed]
18Levies payable by occupiers of quarries [Repealed]
19Levies payable by occupiers of tunnels [Repealed]
20Levies payable by owners of geothermal energy [Repealed]
21Levies payable by holders of pipeline authorisations [Repealed]
22Electricity levies
23Gas levies
24Petroleum or engine fuel monitoring levy
25Supplementary levies [Repealed]
25AAdministration charge [Repealed]
26Rebates [Repealed]
27Due dates for payment
28Penalty for late payment
29Recovery of levies
30Payment of levy into Crown Bank Account
31Power to inspect property, obtain information, and enter land
32Offence to make incorrect statement, etc
33Regulations prescribing levy rates
33ALevy regulations are confirmable instruments
34Amount of goods and services tax excluded
Part 3A
Biofuel obligation
[Repealed]
34APurpose of this Part [Repealed]
34BOutline of this Part [Repealed]
34CStatus of examples [Repealed]
34DInterpretation [Repealed]
34EDefinition of obliged person [Repealed]
34FDefinition of obligation engine fuel [Repealed]
34GDefinition of qualifying biofuel [Repealed]
34HMinister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels [Repealed]
34IDefinition of trigger point [Repealed]
34JGovernor-General may revise biofuel percentage [Repealed]
34KConsultation and confirmation requirements for Orders in Council under section 34F, 34G, 34I, or 34J [Repealed]
34LObliged person’s required amount of qualifying biofuel [Repealed]
34MCalculating required amount of qualifying biofuel and actual amount of qualifying biofuel [Repealed]
34NRequired amount of qualifying biofuels may be divided into proportions or amounts by Order in Council [Repealed]
34OEnergy content values [Repealed]
34PExclusion for engine fuel exported from New Zealand [Repealed]
34QDeferring required amount of qualifying biofuel [Repealed]
34RSurplus and shortfall [Repealed]
34SEntitlement agreements: general rules [Repealed]
34TEntitlement agreements with biofuel owner who is not obliged person [Repealed]
34UEntitlement agreements with biofuel owner who is obliged person [Repealed]
Annual returns
[Repealed]
34VAnnual returns [Repealed]
34WAuditing of annual returns [Repealed]
Civil penalty
[Repealed]
34XCivil penalty for breaching section 34L [Repealed]
34YCivil penalty for breaching section 34N(2) [Repealed]
34ZDefinition of force majeure event [Repealed]
34ZAApplicable rules, procedure, and standard of proof [Repealed]
Part 4
Miscellaneous provisions
35Other regulations
35APower of Minister to require selling of engine fuel to cease
35BKeeping of records
35CPower to inspect property, obtain information, and enter land to conduct compliance check
35DOffence to make incorrect statement
36Power of Minister to require information
37Offences
Search warrants
37AIssue of search warrants
37BPowers conferred by warrant
37CForm and content of search warrant
37DWarrant must be produced
37EOther duties of person who executes warrant
37FWhen alternative to list of seized things may be provided
37GMatters that must be stated in list of seized things
37HDuty to assist
37IPower to inspect and take copies of documents, etc, obtained under warrant
37JDisposal of things seized
37KCourt order to be suspended on conviction
Savings and transitional provisions
38Savings
39Transitional provisions in relation to levies
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Enactments amended
Schedule 2
Repeals
Schedule 3
Consequential amendments to regulations
Schedule 4
Orders revoked
Schedule 5
Biofuel percentage
[Repealed]
Reprint notes
Title [Repealed]

Title: repealed, on 20 September 2007, by section 4 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).