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Act Repealed Latest version as at 04 June 1996 (as enacted) | 1996 No 26

Dairy Board Amendment Act 1996

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Act Repealed Latest version as at 04 June 1996 (as enacted) | 1996 No 26

Dairy Board Amendment Act 1996

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1 Short Title and commencement

(1)

This Act may be cited as the Dairy Board Amendment Act 1996, and shall be read together with and deemed part of the Dairy Board Act 1961 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

2 Interpretation

(1)

Section 2 of the principal Act is hereby amended by inserting, after the definition of the term “manufacturer”, the following definition:

“‘Milksolids’ means the components of milk valued by the Board under section 26 of this Act:”.

(2)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “own-supply milkfat” (as inserted by section 3(1) of the Dairy Board Amendment Act 1988), and substituting the following definition:

“‘Own-supply milksolids’, in relation to a manufacturer in any season, means the milksolids contained in milk or cream produced by the manufacturer during the season, or acquired by the manufacturer during the season—

“(a)

From supplying shareholders of the manufacturer; or

“(b)

Pursuant to arrangements between the manufacturer and the farmers who produced the milk or cream (not being supplying shareholders of the manufacturer), requiring the farmers to supply to the manufacturer all milk or cream (as the case requires) produced by the farmers, during the season and not required by the farmers; or

“(c)

From milk stations (within the meaning of section 2 of the Dairy Industry Act 1952);—

but does not include the milksolids contained in any milk or cream sold by the manufacturer for, or for resale for, human consumption in New Zealand in liquid form:”.

(3)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “qualifying company” (as substituted by section 2 of the Company Law Reform (Transitional Provisions) Act 1994), and substituting the following definition:

“‘Qualifying company’ means a co-operative company whose articles of association or constitution—

“(a)

Require that on its liquidation its net assets are to be distributed to its shareholders in proportion to milk or milk components they supplied during the most recent complete season and some or all of the 4 seasons immediately before it; and

“(b)

Either specify those seasons, or provide that they are to be determined (in a specified manner) by its shareholders;—

and, for the purposes of this definition, a reference in the articles of association of a co-operative company to the winding up of the company shall be deemed to be a reference to its liquidation:”.

(4)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “qualifying milkfat” (as inserted by section 10(1) of the Dairy Board Amendment Act 1992), and substituting the following definition:

“‘Qualifying milksolids’,—

“(a)

In relation to a co-operative dairy company registered under the Co-operative Dairy Companies Act 1949 or a co-operative dairy company registered under Part III of the Co-operative Companies Act 1996 that carries on the activities described in section 35(1)(a) and (b) of that Act, means own-supply milksolids; and

“(b)

In relation to a registered co-operative milk marketing company or a co-operative dairy company registered under Part III of the Co-operative Companies Act 1996 that carries on the activities described in section 35(1)(b) and (c) of that Act, means milksolids—

“(i)

Supplied by the company to a manufacturer who or that is not a registered co-operative dairy company; and

“(ii)

Manufactured into dairy produce (other than milk or cream sold by the manufacturer for, or for resale for, human consumption in New Zealand in liquid form) by the manufacturer; and

“(c)

In relation to a qualifying farmer, means all milksolids produced by the farmer and manufactured into dairy produce except—

“(i)

Milk or cream sold by the manufacturer for, or for resale for, human consumption in New Zealand in liquid form; and

“(ii)

Milksolids supplied to a registered milk marketing company that is a qualifying company; and

“(iii)

Milksolids manufactured into dairy produce by a qualifying company:”.

(5)

Section 2 of the principal Act is hereby further amended by omitting the definition of the term “registered co-operative dairy company” (as inserted by section 7(1) of the Dairy Board Amendment Act 1992), and substituting the following definition:

“‘Registered co-operative dairy company’ means a cooperative dairy company registered under the Cooperative Dairy Companies Act 1949 or Part III of the Co-operative Companies Act 1996:”.

(6)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “supplying shareholder” (as inserted by section 3(1) of the Dairy Board Amendment Act 1988), and substituting the following definition:

“‘Supplying shareholder’, in relation to a co-operative dairy company registered under the Co-operative Dairy Companies Act 1949, has the same meaning as in section 2(1) of that Act and, in relation to a cooperative dairy company registered under Part III of the Co-operative Companies Act 1996, has the same meaning as in section 34 of that Act.”

(7)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “voting milkfat” (as inserted by section 7(1) of the Dairy Board Amendment Act 1992), and substituting the following definition:

“‘Voting milksolids’,—

“(a)

In relation to a co-operative dairy company registered under the Co-operative Dairy Companies Act 1949 or a co-operative dairy company registered under Part III of the Co-operative Companies Act 1996 that carries on the activities described in section 35(1)(a) and (b) of that Act, means own-supply milksolids; and

“(b)

In relation to a registered co-operative milk marketing company or a co-operative dairy company registered under Part III of the Co-operative Companies Act 1996 that carries on the activities described in section 35(1)(b) and (c) of that Act, means milksolids—

“(i)

Supplied by the company to a manufacturer who or that is not a registered co-operative dairy company; and

“(ii)

Manufactured into dairy produce (other than milk or cream sold by the manufacturer for, or for resale for, human consumption in New Zealand in liquid form) by the manufacturer:”.

3 How approval of dairy industry to be obtained

Section 2a(1) of the principal Act is hereby amended by omitting from paragraphs (a) and (b) (as substituted by section 7(2) of the Dairy Board Amendment Act 1992) the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

4 Changes in capital

Section 15b(2) of the principal Act (as inserted by section 9 of the Dairy Board Amendment Act 1992), is hereby amended by omitting the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

5 Board’s capital owned by registered qualifying persons

Section 15g(1) of the principal Act (as so inserted) is hereby amended by omitting the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

6 Qualifying persons may notify board

Section 15i (as so inserted) is hereby amended by omitting the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

7 Secretary may disregard unconfirmed information

Section 15k of the principal Act (as so inserted) is hereby amended by omitting the word “milkfat”, and substituting the word “milksolids”.

8 Sales, mergers, acquisitions, and changes in status

Section 15o of the principal Act (as so inserted) is hereby amended by omitting from subsections (1), (2), (3), (4), (5), and (6) the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

9 Consequences of dissolution of Board

Section 15p(3)(a) of the principal Act (as so inserted) is hereby amended by omitting the word “milkfat” in each place where it appears, and substituting in each case the word “milksolids”.

10 Realisation differential schemes

Section 26D(1)(b)(ii) of the principal Act (as substituted by section 7(1) of the Dairy Board Amendment Act 1988) is hereby amended by omitting the word “milkfat”, and substituting the word “milksolids”.

11 Board may acquire shares in certain companies

Section 30 of the principal Act is hereby amended by repealing subsection (1a) (as substituted by section 8(1) of the Dairy Board Amendment Act 1988) and substituting the following subsection:

“(1a)

The Board shall not, without the consent of the dairy industry, acquire or subscribe for shares or stock in any company registered under—

“(a)

The Co-operative Dairy Companies Act 1949; or

“(b)

Part III of the Co-operative Companies Act 1996.”

This Act is administered in the Ministry of Agriculture.
Act Repealed Latest version as at 04 June 1996 (as enacted)

Dairy Board Amendment Act 1996

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