asked the Minister to do so; and

given the Minister a written plan showing how the levy collected in the first full year of collection would be spent.

that—

the organisation has held a support referendum in relation to a proposal that the levy, payable to the organisation, should be imposed on the commodity; and

that the support referendum was competently devised; and

that the ballot paper described the proposal clearly, specifying in relation to it all the matters required by section 6(1) to be specified in a levy order, and (in particular) indicated that the imposition of the levy was proposed to be on the basis of one of the following:

that the support referendum was so publicised that potential levy payers had a reasonable opportunity to be adequately informed about its holding, nature, and possible consequences; and

that the support referendum was so held that potential levy payers were given a reasonable opportunity to participate in it; and

that the voting in the support referendum was conducted on the basis of one of the matters specified in subparagraphs (i) to (iv) of paragraph (ac) (but not necessarily the matter that the ballot paper indicated was the proposed basis of the levy’s imposition); and

that more than half of the participants in the support referendum were supporters; and

where voting in the support referendum was conducted on the basis of production of the commodity, that the total amount of the commodity produced by supporters was more than half of the total amount of the commodity produced by all participants during one of the following (as specified on the ballot paper):

where voting in the support referendum was conducted on the basis of the value of the commodity, that the value of the total amount of the commodity produced by supporters was more than half of the value of the total amount of the commodity produced by all participants during one of the following (as specified on the ballot paper):

where voting in the support referendum was conducted on the basis of the area of land devoted to the production of the commodity, that the total area of land devoted to the production of the commodity by supporters was more than half of the total area of land devoted to the production of the commodity by all participants on a date specified on the ballot paper that is within the 12-month period before the support referendum was held; and

where voting in the support referendum was conducted on the basis of the number, quantity, or capacity, or a thing or things of a specified kind used in connection with the production of the commodity, that the total number of those things, quantity of that thing, or capacity of those things used in connection with the production of the commodity by supporters was more than half of the total number, quantity, or capacity of that thing or those things so used by all participants during or on one of the following (as specified on the ballot paper):

where the basis on which voting in the support referendum was conducted was not the proposed basis of the levy’s imposition, that the impact of imposing the levy on that proposed basis will be substantially similar to the impact of imposing it on the basis on which voting was conducted; and

that the matters specified in the order pursuant to section 6(1) do not differ in any material way from those specified in the ballot paper pursuant to paragraph (ac); and

that the organisation has consulted adequately persons (other than persons entitled to participate in the support referendum) likely to be affected by the payment or collection of the levy; and

that—

have had a reasonable opportunity to put their views to the Minister; and

that the Minister has had due regard to all views put to the Minister about the proposed imposition of the levy on the commodity; and

that the uses to which the levy will be put will be closely related to the interests of the persons who will be primarily responsible for paying it; and

that overall, the benefits to the persons who will be primarily responsible for paying the levy of the spending for the purposes specified in the order of the amount of levy likely to be raised will outweigh the disadvantages to them of the imposition, collection, and payment of the levy on the commodity; and

if the levy is imposed on quantities of the commodity imported into New Zealand that—

that the organisation, by virtue of its membership and structure, represents adequately the views and interests of the persons who will be primarily responsible for paying the levy; and

either—

that the organisation has or will have in place adequate systems for accounting to persons who will be primarily responsible for paying the levy of its receipt and expenditure (including, in particular, the uses to which it will be put); and

that all other relevant matters known to the Minister have been properly considered.

the organisation; and

the commodity; and

the persons primarily responsible for paying the levy; and

the basis on which the amount of the levy is to be calculated or ascertained; and

the persons (if any) to be exempt from paying the levy; and

that—

to the extent that the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible,—

the extent (if any) to which any persons, or persons of any class or description, are to refrain from disclosing information (or information of any class or description) obtained, or obtained as a result of actions undertaken,—

subject to section 10, either—

whether the levy must be spent by the organisation, or may be paid to and spent by branches or subsidiaries of the organisation; and

the periods in respect of which the levy is to be paid; and

whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the things (whether—

to which the different rates may apply; and

in respect of each rate of levy, one of the following:

how the rates of the levy are to be notified; and

if the levy is to be paid by persons not primarily responsible for paying it and recovered by them from the persons primarily responsible,—

how often the levy is to be paid; and

the due and latest days, or a means for ascertaining the due and latest days, for payment of the levy.

general purposes for which the levy is to be spent:

maximum and minimum amounts of levy payable:

if the levy is payable on a basis that relates to quantities of the commodity,—

the making of returns (whether by producers of a commodity or other persons) to the organisation or some other person or body, for the purpose of enabling or assisting the determination of amounts of levy payable:

circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any amount of levy:

the payment of additional or increased levy when amounts of levy otherwise payable have been paid late or not paid at all.

every person responsible for paying the levy to the organisation shall do so:

the organisation may recover the levy from any person responsible for paying it to the organisation—

where a person responsible for paying the levy to the organisation—

notwithstanding any rule of law to the contrary, the amount deducted or (if the larger amount from which it is required to be deducted is still in the person’s possession) required to be deducted shall, until it has been paid to the organisation, be deemed to be money held in trust for the organisation:

where a person responsible for paying the levy to the organisation—

the organisation may recover from the person to whom or which the other amount was paid the amount of the deduction that should have been made, as if the person is a person responsible for paying it to the organisation:

where a person who has paid the levy to the organisation is not the person primarily responsible for paying it, the former may recover the amount paid from the latter—

the organisation shall open 1 or more bank accounts for the purpose of the levy, and shall use that account or those accounts for the following purposes only:

only people for the time being expressly authorised by the organisation shall be capable of operating the account or accounts:

no money shall be paid out of the account or accounts except for a purpose or purposes authorised by the order or this Act.

may specify any purpose or purposes for which no amount of levy shall be spent:

subject to subsection (1) and paragraph (a), may specify all or any of the following purposes:

the spending of money for the purpose concerned will benefit most of the persons primarily responsible for the payment of the levy concerned; and

if some members of the industry spend money for the purpose, other members who have not done so will derive unearned benefits from the expenditure; and

persons who, together, are primarily responsible for paying considerably more than half the amount of the levy concerned each year support the spending of money for the purpose.

using any part of a levy for buying limited quantities of the commodity or commodities concerned, or of any product made from it or them, if those quantities are bought for 1 or more of the following purposes: promotion, research, education, product development, and market development; or

reselling (with or without modification or processing) all or any part of any limited quantity of the commodity or commodities bought for 1 or more of those purposes.

using any part of a levy to undertake or pay for the undertaking of any promotion, research, product development, or market development, undertaken with the intention of achieving commercial or financial benefits; or

exploiting commercially (otherwise than by the use of any part of a levy) the results of any promotion, research, or development, for whose undertaking any part of a levy was (whether with or without the intention of achieving commercial or financial benefits) used or paid; or

using any part of a levy to undertake or pay for the undertaking of the publication or sale of any educational, informative, or promotional material, (whether or not at a profit); or

investing any part of a levy, pending its expenditure.

the appointment of mediators to resolve disputes as to—

the procedures to be followed by mediators; and

remuneration of mediators; and

the payment of costs in relation to mediation; and

a right of appeal to a District Court Judge against decisions of mediators; and

any other matters relating to the resolution of such disputes.

on the recommendation of a Minister, given after complying with all requirements of section 5 except the following:

at least 28 days before the levy order would otherwise be revoked.

the keeping of accounts and records of specified classes or descriptions by industry organisations, persons collecting levies, and persons who are or may be liable to pay the levy concerned, or any of them; and

any such records to be retained for a specified period.

some or all of the persons collecting the levy:

some or all of the persons who are or may be liable to pay the levy (whether or not as persons primarily responsible for paying it):

both.

any industry organisation:

any person engaged in the collection of levies under the levy order concerned:

any person who is or may be liable to pay a levy under the levy order concerned.

the extent to which persons required to pay the levy concerned are doing and have done so:

the extent to which appropriate amounts of the levy concerned are being and have been paid:

the extent to which appropriate amounts of the levy concerned are being and have been collected:

the extent to which appropriate amounts of the levy concerned are being and have been paid over to the organisation by persons collecting it:

the extent to which accounts and records are being and have been kept:

the extent to which accounts and records that are being and have been kept are being and have been properly kept.

a reference to this section; and

the full name of the auditor; and

a statement of the powers conferred on the auditor by subsection (1).

the extent to which the organisation may or may not be complying or have complied with the order and (in relation to the order) this Act:

the extent to which the organisation may or may not be using or have used the amounts of the levy paid to it efficiently and economically:

the extent to which the uses to which the organisation is putting and has put the amounts of the levy paid to it may or may not benefit (or, as the case may be, have or have not benefited) the persons primarily responsible for paying it.

satisfied that there is sufficient concern among the persons primarily responsible for paying a levy under a levy order about the performance of the industry organisation to justify an assessment of that performance; or

not satisfied that the performance of an industry organisation under a levy order is adequate,—

designated by a Minister as a person who may exercise powers of search under this Act; or

a member of a class of person designated by the Minister as persons who may exercise powers of search under this Act.

avoids or attempts without reasonable excuse to avoid paying any levy payable by that person under a levy order; or

refuses or fails without reasonable excuse to collect any levy required to be collected by that person under a levy order; or

refuses or fails without reasonable excuse to pass on or dispose of any levy collected by that person in the manner prescribed by a levy order; or

refuses or fails without reasonable excuse to issue an invoice to any other person in the manner prescribed by a levy order; or

fails to keep or properly maintain records or accounts of any leviable activity carried on by that person sufficient to satisfy the requirements of any levy order; or

refuses or fails without reasonable excuse to submit (within the time required) any statement or return required to be submitted by that person under a levy order; or

submits any statement or return required to be submitted by that person under a levy order that to that person’s knowledge is false, incomplete, or misleading in a material particular; or

refuses or fails, without reasonable excuse, to comply with any requirement made under section 17(1),—

statements (relating only to money paid to the organisation under the order as levy, and assets acquired or built up with or out of, or by virtue of spending, money paid under the order as levy) of the organisation’s financial position at the end of the year; and

statements of the organisation’s receipt and expenditure of money paid as levy under the order; and

all other statements necessary to show fully—

requires an industry organisation to give a Minister a copy of its annual report; and

requires the Minister to present it to the House of Representatives,—

as soon as is reasonably practicable after the report has been completed; and

whether or not they are members of the organisation.

the Orchard Levy Act 1953:

the Vegetables Levy Act 1957:

the Vegetables Levy Amendment Act 1960:

the Berryfruit Levy Act 1967:

the Vegetables Levy Amendment Act 1972:

the Orchard Levy Amendment Act 1972:

the Vegetables Levy Amendment Act 1975:

the Vegetables Levy Amendment Act 1978:

the Vegetables Levy Amendment Act 1980:

the Vegetables Levy Amendment Act 1981:

section 44(2) of the Meat Act 1981:

the Orchard Levy Amendment Act 1982:

the Berryfruit Levy Amendment Act 1983:

the Orchard Levy Amendment Act 1985:

the Orchard Levy Amendment Act 1987:

the Berryfruit Levy Amendment Act 1988:

the Orchard Levy Amendment Act 1988.