Dairy Industry Restructuring Act 1999
Dairy Industry Restructuring Act 1999
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Dairy Industry Restructuring Act 1999
Dairy Industry Restructuring Act 1999
Public Act |
1999 No 97 |
|
Date of assent |
8 September 1999 |
|
Contents
An Act—
(a)
To provide for certain matters relating to the proposed dairy co-operative amalgamation:
(b)
To provide for the allocation of rights to export dairy products to certain markets:
(c)
To provide for the conversion of the New Zealand Dairy Board to a company:
(d)
To repeal the Dairy Board Act 1961:
(e)
To provide for other related matters
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Dairy Industry Restructuring Act 1999.
(2)
The following provisions come into force on the effective date of the new co-op amalgamation provided that that amalgamation has been authorised by that effective date:
(a)
Part 1, sections 19, 20, 24, 25, 37, 38, 39, and 43, and Schedule 2:
(b)
So much of section 41(3) and Schedule 5 as relates to new paragraphs (xa) to (xf) of section 32(1) of the Dairy Industry Act 1952 and to section 4 of the Cooperative Companies Act 1996.
(3)
The rest of this Act comes into force on 1 September 2000 provided the new co-op amalgamation has been authorised and has become effective by that date.
(4)
The new co-op must publish the effective date of the new co-op amalgamation in the Gazette as soon as practicable after that effective date.
2 Expiry
This Act expires on 1 September 2000 if the new co-op amalgamation has not been authorised and become effective by that date.
Part 1 Preliminary Provisions
8 Interpretation
In this Act, unless the context otherwise requires,—
“Allocation body” means the company established under section 19:
“Authorised” means authorised by the Commerce Commission under the Commerce Act 1986; and includes the granting of a clearance under that Act:
“Board” means the New Zealand Dairy Board established under the Dairy Board Act 1961; and on and after 1 September 2000 means the company:
“Company” means the company deemed to be registered under the Companies Act 1993 in accordance with the Fifth Schedule of the Dairy Board Act 1961:
“Designated market” means a market for the time being listed in Schedule 1 for a particular class or classes of dairy product in a particular jurisdiction or geographic area:
“Export licence”, in respect of a designated market, means any of the following:
(a)
The export licences of the new co-op under section 14 and section 15:
(b)
An export licence allocated by the allocation body:
(c)
A sub-licence of an export licence referred to in paragraph (a) or paragraph (b):
“Exportation” means any shipment in any craft for transportation to a point outside New Zealand; and “export”
has a corresponding meaning:
“Initial licences” means the export licences granted to the new co-op under section 14 and section 15:
“Initial period” has the same meaning as in section 14:
“Minister” means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act:
“New co-op” means the amalgamated company under the new co-op amalgamation:
“New co-op amalgamation” means the amalgamation which occurs if—
(a)
Two or more co-operative dairy companies amalgamate under Part XIII of the Companies Act before 1 September 2000 to form an amalgamated company; and
(b)
On the amalgamation, the amalgamated company is the beneficial owner of more than 75% of the shares in the Board:
“Ongoing export licences” has the same meaning as in section 18:
“Registered”, in relation to an export licence, means registered in accordance with regulations made under this Act (if any):
“Transitional period”, in respect of a designated market, means the period commencing at the end of the initial period and ending at the end of the last 12- month period referred to in or determined under section 15(1)(c) or section 15(2) in respect of that market.
4 Act binds the Crown
This Act binds the Crown.
5 Amendments to Dairy Board Act 1961 relating to conversion of Board to company
The Dairy Board Act 1961 is amended in the manner shown in Schedule 2.
6 Amendments to Dairy Board Act 1961 relating to new co-op
(1)
Section 2(1) of the Dairy Board Act 1961 is amended—
(a)
By adding to the definition of “co-operative company”
the following paragraph:
“(d)
The new co-op:”:
(b)
By inserting, in its appropriate alphabetical order, the following definition:
“‘New co-op’ has the same meaning as in the Dairy Industry Restructuring Act 1999:”:
(c)
By adding to the definition of “supplying shareholder”
the words “and, in relation to the new co-op, includes transacting shareholders as defined in section 4 of the Co-operative Companies Act 1996”
:
(d)
By inserting in paragraph (a) of the definition of “voting milksolids”
, after the words “of that Act”
, the words “or the new co-op”
.
(2)
Section 2a of the Dairy Board Act 1961 is amended by inserting, after subsection (2), the following subsection:
“(2a)
The new co-op is deemed to be a qualifying company for the purposes of this Act whether or not it complies with the requirements of this section.”
(3)
The Dairy Board Act 1961 is amended by repealing sections 3c(4)(b) and (c), 3c(5), 3e, 3f, and section 15ze(2).
(4)
The Dairy Board Act 1961 is amended by omitting from section 12(4) the words “who shall include directors appointed or elected by at least 3 different co-operative companies or (as the case may be) groups of co-operative companies”
.
7 Taxation relating to new co-op amalgamation
(1)
This section applies in respect of the new co-op amalgamation for the purpose of the Income Tax Act 1994.
(2)
The receipt by a person of shares issued by the new co-op on the amalgamation in respect of shares held by the person in an amalgamating co-operative dairy company is not a dividend.
(3)
The receipt by a person of any other consideration on or immediately after the amalgamation in respect of shares held by the person in an amalgamating co-operative dairy company is not a dividend to the extent that the new co-op has, immediately before the receipt, an aggregate balance of available subscribed capital in respect of all its shares.
(4)
The receipt by a person, on 2 June 2000, of an amount on redemption of non-participating redeemable shares (as defined in section CF 3(14) of the Income Tax Act 1994), issued on the new co-op amalgamation in respect of shares in an amalgamating co-operative dairy company, is not a dividend to the extent that the new co-op has, immediately before the receipt, an aggregate balance of available subscribed capital in respect of all its shares.
(5)
For the purpose of subsections (3) and (4), if the aggregate balance of available subscribed capital at the time of the relevant receipt is less than the total of such amounts received by all persons at that time, the balance will be applied pro rata across all such amounts received to calculate the extent to which each amount is not a dividend.
(6)
For the purposes of the definition of the term “available subscribed capital”
in section OB 1 of the Income Tax Act 1994 and notwithstanding anything in the definition of the term “available subscribed capital”
,—
(a)
The new co-op is deemed to have received, on 1 June 2000, an aggregate amount of consideration of $140,000,000 in respect of the issue of its shares, in addition to any other amount of consideration taken into account under the definition of “available subscribed capital”
; and
(b)
The new co-op is deemed to have received, on each succeeding 1 June up to and including 1 June 2005, a further additional aggregate amount of consideration of $140,000,000 in respect of the issue of its shares; and
(c)
The available subscribed capital which arises in respect of the amalgamation is deemed to be allocated, as available subscribed capital of and amongst the classes of shares of the new co-op issued before or on the amalgamation, in the proportions nominated by the new co-op if the new co-op nominates the proportions by notice in writing to the Commissioner of Inland Revenue within 30 days after the amalgamation; and
(d)
The available subscribed capital which arises under paragraph (a) or (b) is deemed to be allocated, as available subscribed capital of and amongst the classes of shares of the new co-op issued before or on the amalgamation (substituting if and to the extent necessary any class of shares which can reasonably be regarded as the successor to all or part of an original class), in the proportions nominated by the new co-op if the new co-op nominates the proportions by notice in writing to the Commissioner of Inland Revenue within 30 days after the relevant 1 June date; and
(e)
if no valid nomination is made under paragraph (c) or (d) in respect of an amount of available subscribed capital, the amount is deemed all to be available subscribed capital in respect of the class of shares in the new co-op that is required to be held by transacting shareholders; and
(f)
The new co-op is deemed to have a reduction, at the time of the relevant receipt, in its available subscribed capital balance equal to the amount of any receipt which is exempted from dividend treatment under subsection (3) or (4), which reduction is—
(i)
If the receipt is exempted under subsection (3) and a valid nomination has been made under paragraph (c), allocated amongst the classes of shares of the new co-op in the same proportions referred to in that nomination; and
(ii)
If the receipt is exempted under subsection (4) and a valid nomination has been made under paragraph (d) in respect of 1 June 2000, allocated amongst the classes of shares in the new co-op in the same proportions referred to in that nomination; and
(iii)
In any other case, all deemed to be in respect of the class of shares in the new co-op that is required to be held by transacting shareholders.
(7)
Neither regulation 7 of the Co-operative Dairy Companies Income Tax Regulations 1955 nor regulation 7 of the Cooperative Milk Marketing Companies Income Tax Regulations 1960 will apply to permit the Commissioner of Inland Revenue to deem any of the receipts referred to in subsections (2) to (4) to be gross income other than a dividend.
8 Transfer of Board shares to new co-op
Notwithstanding section 15q of the Dairy Board Act 1961, shares in the Board held by a qualifying company which is not amalgamating as part of the new co-op amalgamation may be transferred by agreement, on or after the new co-op amalgamation, to the new co-op; and then section 15v of that Act applies as if the transfer were an amalgamation described in subsection (1)(a) of that section, as if the qualifying company were the ‘predecessor’ and the new co-op were the successor’, and with other necessary modifications.
9 New shareholders
(1)
Section 15 of the Co-operative Companies Act 1996 does not prevent the new co-op from issuing shares at an issue price that is a fair value for the shares, and not a nominal value.
(2)
This section is not a specific authorisation for the purposes of section 43 of the Commerce Act 1986.
10 Surrendering shareholders
(1)
The new co-op may include in its constitution a provision entitling any shareholder who either elects or is required to surrender shares in the new co-op to receive the fair value of those shares on their surrender to the new co-op.
(2)
Sections 18, 19, 20, 21, and 23 of the Co-operative Companies Act 1996, with necessary modifications, apply on the surrender of shares to the new co-op notwithstanding that they are issued or surrendered at fair value rather than nominal value.
(3)
Section 24 of the Co-operative Companies Act 1996 applies on the surrender of shares to the new co-op as if section 24(1)(d) stated as follows:
“(d)
Any number of shares surrendered in excess of 5% of the number of shares of that class previously issued by the new co-op (excluding shares of that class previously deemed to be cancelled) are surrendered, or required to have been surrendered, by shareholders only on grounds related to—
“(i)
The capacity of the shareholders to enter into transactions between the new co-op and the shareholders; or
“(ii)
The level of transactions between the new co-op and the shareholders; or
“(iii)
The terms of any contract relating to transactions between the new co-op and the shareholders,—
and not because the shareholders have ceased to enter into supply transactions with the new co-op and as a consequence have surrendered or been required to surrender all or substantially all of their shares.”
(4)
In this section, “shares”
means shares that, according to the constitution of the new co-op or their terms of issue, may be surrendered in accordance with this section.
(5)
This section applies notwithstanding section 22 of the Co-operative Companies Act 1996.
11 New co-op’s co-operative status
The new co-op may be registered as a co-operative company under Part II of the Co-operative Companies Act 1996 but must not be registered as a co-operative dairy company under Part III of that Act.
Part 2 International Trade with Designated Markets
Access to Designated Markets
12 Purpose
(1)
The purpose of this Part is to—
(a)
Maximise the economic benefits for New Zealand arising from tariff quotas and trade restrictions with similar effect maintained by foreign governments on access to their domestic markets:
(b)
Safeguard New Zealand’s interests in respect of tariff quotas and trade restrictions with similar effect:
(c)
Ensure that the administrative and other arrangements made are consistent with New Zealand’s international obligations.
(2)
The Crown owns the rights to secure the economic benefits deriving from the tariff quotas and trade restrictions referred to in subsection (1).
(3)
Those rights in respect of designated markets described in Schedule 1 are or will be allocated as provided by this Part.
13 Restrictions on exports to designated markets
A person must not export to a designated market the dairy product described in Schedule 1 in respect of that market except in accordance with a registered current export licence in respect of that product and market.
Export Licences Conferred on New Co-op
14 Export licences during initial period
(1)
The new co-op has the export licences to export to designated markets until the end of the initial period.
(2)
The initial period is,—
(a)
In respect of exports to designated markets in Canada, the period ending on 31 July 2006:
(b)
In respect of exports to designated markets in the European Communities and the United States of America, the period ending on 31 December 2006:
(c)
In respect of exports to designated markets in Japan, the period ending on 31 March 2007:
(d)
In respect of exports to designated markets in the Dominican Republic, the period ending on 30 June 2006.
(3)
The initial licences granted under this section are deemed to be registered.
15 Export licences during transitional period
(1)
The initial licences of the new co-op for the export of dairy products to the European Communities will continue in force, but will be reduced, during the transitional period, as follows:
(a)
In the 12 months to 31 December 2007, these initial licences will be reduced to—
(i)
The lesser of 75% of the total available quantity, and 57 500 tonnes, of butter destined for the European Communities:
(ii)
The lesser of 75% of the total available quantity, and 3 000 tonnes, of cheese for processing destined for the European Communities:
(iii)
The lesser of 7 5% of the total available quantity, and 5 250 tonnes, of cheddar cheese destined for the European Communities:
(b)
In the 12 months to 31 December 2008, these initial licences will be reduced to—
(i)
The lesser of 50% of the total available quantity, and 38 333 tonnes, of butter destined for the European Communities:
(ii)
The lesser of 50% of the total available quantity, and 2 000 tonnes, of cheese for processing destined for the European Communities:
(iii)
The lesser of 50% of the total available quantity, and 3 500 tonnes, of cheddar cheese destined for the European Communities:
(c)
In the 12 months to 31 December 2009, these initial licences will be reduced to—
(i)
The lesser of 25% of the total available quantity, and 19 166 tonnes, of butter destined for the European Communities:
(ii)
The lesser of 25% of the total available quantity, and 1 000 tonnes, of cheese for processing destined for the European Communities:
(iii)
The lesser of 25% of the total available quantity, and 1 750 tonnes, of cheddar cheese destined for the European Communities:
(d)
These initial licences, and any sub-licences arising from these initial licences, expire at the end of 31 December 2009.
(2)
The initial licences of the new co-op to export to designated markets other than those referred to in subsection (1) will continue in force during the transitional period but will be reduced during that period to zero in 4 successive reductions, the first reduction taking effect on the day after the end of the initial period in respect of each such designated market, and subsequent reductions on successive anniversaries of that day.
(3)
Subject to subsection (4), the reductions set out in subsection (2), and the designated markets to which they apply, must be determined by the allocation body, after consultation with the new co-op, on the following basis unless the new co-op agrees otherwise:
(a)
The new ongoing export licences granted in respect of each reduction referred to in subsection (2) are to have an aggregate value to the allocation body, as near as it can reasonably estimate, equivalent to the fractions stated below, of the allocation body’s estimate of the value that the relevant initial licences (excluding those referred to in subsection (1)) remaining immediately before the reduction would have had to the allocation body if all of them had been the subject of reallocation at that time:
(i)
First reduction—one-quarter:
(ii)
Second reduction—one-third:
(iii)
Third reduction—one-half:
(iv)
Fourth reduction—all:
(b)
The reductions of initial licences under subsection (2) are to comprise equal proportions of each such licence.
(4)
The allocation body, in determining the reductions and the parameters of the new ongoing export licences for the purposes of subsection (3) and subsection (5), must ensure that, in doing so, it does not, in the opinion of the Crown,—
(a)
Prejudice effective enforcement of this Part; or
(b)
Impose on the Crown or any agency of the Crown any uncompensated cost or liability which would not be borne by the Crown if a single licensee in respect of each designated market had confined the use of its licence to the export of its own product on its own behalf.
(5)
The export rights released by each reduction under subsection (1) or subsection (2) are to be granted by the allocation body as new ongoing export licences on and after the effective date of each reduction, and the parameters of each such licence are to be determined conclusively by the allocation body no later than 1 year before the effective date of the reduction concerned.
(6)
For the purposes of this section, the conditions of an export licence include the requirements of this Act and any regulations made under this Act or any other Act applicable to the export of dairy products to designated markets.
(7)
Terms used in subsection (1) are as described in Schedule 1.
(8)
This section does not limit the right of the new co-op to apply for allocation of any export licence from the allocation body.
16 Increases in rights to export to designated markets
(1)
This section applies if there is an increase in the Crown’s rights to secure the economic benefits which are obtained from designated markets which are not allocated in an existing export licence.
(2)
Any such increase vests automatically in the allocation body immediately on the establishment of the body, or, if the increase is obtained after the establishment of the body, immediately after the increase is obtained.
(3)
If the allocation body has not been established, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the temporary allocation of such rights, pending vesting of the increase in the allocation body.
(4)
Any such increase is not part of the initial licences granted to the new co-op under this Part.
17 Sub-licences
The new co-op may grant a sub-licence of any of its initial licences in respect of designated markets, or enter into other arrangements with respect to those initial licences, so long as—
(a)
All exports from New Zealand made pursuant to those initial licences are made only in the name of the new co-op as the registered holder of the initial licence or in the name of the Board; and
(b)
The new co-op at all times remains responsible to meet all the obligations relating to those initial licences under this Act, notwithstanding the granting of the sub-licence or the entry into the other arrangement.
Ongoing Export Licences to be Allocated
18 Allocation mechanism for ongoing export licences
The purpose of sections 19 to 26 is to provide for the allocation of licences (“ongoing export licences”
) in respect of all rights to export dairy products described in Schedule 1 to designated markets, other than those rights to which initial licences apply—
(a)
By a company the initial shares of which are issued to supplying or transacting shareholders in accordance with section 20.
(b)
On a contestable basis, to dairy exporters registered under the Dairy Industry Act 1952:
(c)
In accordance with the principles specified in section 22.
19 Establishment of allocation body
(1)
This section provides for the establishment of a body which wi allocate ongoing export licences (an “allocation body”
).
(2)
The allocation body must be established so that—
(a)
Its sole purpose is the allocation of ongoing export licences:
(b)
It is a company registered only under the Companies Act 1993:
(c)
It issues its initial shares as provided in section 20:
(d)
Its shares are tradeable as provided for in its constitution:
(e)
Its constitution has been approved by the Minister:
(f)
Its constitution includes provision for the entrenchment of certain provisions of its constitution, so that those provisions cannot be changed without the approval of the Minister:
(g)
Its directors do not include any person who is or may be, or has or may have the potential to be, in a position of conflict of interest with any dairy exporter that is likely to apply for an export licence (but this paragraph does not prevent a person from being a director by reason only of being a supplying or transacting shareholder of a dairy exporter or a sharemilker who provides milk for a dairy exporter).
(3)
The Minister must promote the establishment of an allocation body.
(4)
The allocation body must use best endeavours to ensure that the Crown is not exposed to any risk or liability in relation to the performance or non-performance by the allocation body of its functions.
(5)
Subsection (4) does not limit section 32(b).
20 Initial shares in allocation body
(1)
The allocation body must be established so that it issues its initial shares directly to the supplying or transacting shareholders of each qualifying company which holds shares in the Board immediately after the effective date of the new co-op amalgamation (whether or not that qualifying company participated in the new co-op amalgamation) based on—
(a)
A notional allocation of shares per qualifying company in proportion to the company’s share of the total specified milksolids as determined in accordance with subsection (2); and
(b)
A division of that notional allocation among supplying or transacting shareholders as at 31 May 2000 in proportion to each shareholder’s supply of milksolids to the qualifying company calculated on such basis and with regard to such reference period as the shareholders of the relevant company may approve by ordinary resolution.
(2)
The reference in subsection (1)(a) to the company’s share of the total specified milksolids is to be calculated by—
(a)
Allowing each company to nominate, out of the 3 seasons ending 31 May 1998, 31 May 1999, and 31 May 2000, the season in which the company had the highest amount of specified milksolids; and
(b)
Where the company results from a merger that occurred during or after one of the 3 seasons referred to in paragraph (a), the company must nominate the same season under that paragraph in respect of each company that participated in the merger; and
(c)
Calculating the amount for that nominated season for that company; and
(d)
Totalling the amounts so calculated for each company to obtain the total specified milksolids.
(3)
In subsections (1)(a) and (2), “specified milksolids”
, in relation to a qualifying company and a season,—
(a)
Means the kilograms of milksolids that were paid for by the Board in respect of any qualifying export produce supplied to the Board by or on behalf of that company in respect of that season; and
(b)
Includes milksolids exported by the company pursuant to an export permit issued by the Board in accordance with section 17 of the Dairy Board Act 1961 during the nominated season; and
(c)
Includes milksolids that were sold in New Zealand but included in the price equalisation scheme provided for in section 27 of the Dairy Board Act 1961 before the repeal of that section.
(4)
References in subsection (3)(a) and (b) to a company include, in the case of the new co-op or any other company that is the result of one or more mergers, a reference to each company that participated in any of the mergers.
(5)
The reference in subsection (1)(b) to a shareholder’s supply of milksolids to the qualifying company includes, in the case of shareholders of the new co-op or any other company that results from one or more mergers, milksolids supplied to a company that participated in any of the mergers.
(6)
Terms defined in the Dairy Board Act 1961 have the same meanings in this section (as if the new co-op were a co-operative dairy company registered under Part III of the Co-operative Companies Act 1996) and, for the avoidance of doubt, in this section “qualifying company”
includes the new co-op.
(7)
In this section, “merger”
means,—
(a)
An amalgamation pursuant to Part Va of the Companies Act 1955 or Part XIII of the Companies Act 1993; or
(b)
The acquisition of all the shares that carry voting rights in another company; or
(c)
The acquisition of the whole or substantially the whole of the business or property of another company from the liquidator of the other company in consideration of shares, policies, or other like interests pursuant to section 24a of the Co-operative Dairy Companies Act 1949.
21 Allocation body to allocate export rights
The allocation body will have, upon its establishment, the rights referred to in section 18 for the purpose of allocating those rights by granting, under the authority of the Crown pursuant to this Act, ongoing export licences in respect of those rights.
22 Principles for allocation of export licences
(1)
The primary objective of the allocation body is to maximise the sustainable value of the ongoing export licences in respect of designated markets for the benefit of its shareholders.
(2)
The allocation body may also have regard to the desirability of—
(a)
Minimising barriers to competition in the export of dairy products from New Zealand:
(b)
Minimising uncertainty to exporters of New Zealand dairy products:
(c)
Minimising compliance costs while ensuring effective enforcement.
23 Period for which export licences to be granted
(1)
Before the end of the transitional period, and whenever it is necessary to do so after that time, the allocation body must allocate export licences for time periods which maximise, on a sustainable basis, the returns to the allocation body to be obtained from allocating export licences.
(2)
In so doing, the allocation body must—
(a)
Decide the time period on a commercial basis:
(b)
In deciding the time period, consult with those it considers likely to be applicants for export licences.
24 Regulations relating to allocation body
(1)
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations providing for the allocation of export licences in relation to designated markets.
(2)
The regulations may provide—
(a)
For the promotion of the establishment of an allocation body:
(b)
For the allocation of export licences by the allocation body, including the methods, process, and restrictions applying to allocation:
(c)
For the definition of rights relating to export licences:
(d)
For the terms and conditions of export licences allocated by the allocation body, including cancellation:
(e)
For the terms and conditions of sub-licences granted by an export licence holder, including cancellation:
(f)
For the registration of export licences:
(g)
For the supply of information relating to export licences for the purpose of administration and enforcement of this Part (except information obtained otherwise than by lawful means):
(h)
For the recovery from the allocation body of the actual and reasonable expenses of its establishment and operation until such date as the Minister may decide, including interest on those expenses:
(i)
For such other matters as are contemplated by or necessary for giving full effect to this Part and for its due administration.
(3)
Before making any recommendation under this section, the Minister must consult the New Zealand persons or organisations that the Minister considers are representative of those classes of persons having an interest in the proposed regulations.
(4)
Subsection (2) does not limit subsection (1).
25 Gift duty
The issue of initial shares in the allocation body in accordance with section 19(2)(c) and section 20 is not a dutiable gift for the purpose of the Estate and Gift Duties Act 1968.
26 Transition to new regime
The Minister must ensure that the allocation body has been established by 31 December 2004.
Enforcement
27 Customs and Excise Act 1996 to apply to prohibited exports
(1)
All the provisions of the Customs and Excise Act 1996 and any regulations made under that Act that apply with respect to prohibited exports apply with respect to the export of any dairy products in contravention of this Act in all respects as if the export of those dairy products were prohibited under Part V of the Customs and Excise Act 1996.
(2)
The penalty for an offence against section 209(1)(b) of the Customs and Excise Act 1996 is a fine not exceeding $200,000 to the extent that the offence is in respect of the export of any dairy products in contravention of this Act.
28 Offences
(1)
Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $200,000, who—
(a)
Exports a dairy product contrary to section 13:
(b)
Fails to comply with any term or condition of an export licence.
(2)
Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $100,000, who makes a statement or produces a document knowing that it is false or misleading in a material particular for the purpose of obtaining an export licence.
Compare: 1996, No. 40, ss. 13, 15
29 Strict liability
(1)
In any proceedings for an offence against section 28(1), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(2) This section does not limit section 239(4) of the Customs and Excise Act 1996 if proceedings are taken for an offence under that Act.
Compare: 1996, No. 88, s. 240
30 Defence available
(1)
It is a defence in any proceedings for an offence against this Act if the defendant proves that—
(a)
The contravention was due to the act or default of another person, or to an accident or to some other cause beyond the defendant’s control; and
(b)
The defendant took reasonable precautions and exercised due diligence to avoid the contravention.
(2)
For the purposes of this section, the term “another person”
does not include a director, employee, or agent of the defendant.
(3)
A defendant is not, without leave of the Court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)(a) unless the defendant has, not later than 7 working days before the date on which the hearing of the proceedings commences, served on the informant a notice in writing identifying the person or the nature of the accident or cause relied on by the defendant.
Compare: 1996, No. 88, s. 241
31 Liability of companies, directors, managers
Sections 245 to 247 of the Fisheries Act 1996 apply with necessary modifications for the purposes of offences against this Act.
32 No Crown liability
The Crown is not liable to any person for—
(a)
Any reduction in export licences or the value of export licences, however caused; or
(b)
Anything done or omitted to be done by the allocation body.
33 Infringement actionable by allocation body or licensee
(1)
The export of dairy product to a designated market in breach of section 13 is actionable by the allocation body or the holder of an export licence in respect of the export of that product to that market.
(2)
No proceedings may be brought under subsection (1) in respect of the export of any dairy product unless the customs administration or other authority responsible for administration of the tariff quota or trade restrictions in the market to which the specific product has been exported has treated, or has determined (whether provisionally or finally) to treat, that specific product as falling within the relevant tariff quota or trade restriction.
(3)
In proceedings under subsection (1), the court may award all such relief by way of damages, injunctions, accounts, or otherwise as the court considers appropriate in the circumstances.
(4)
In proceedings under subsection (1), the court may give such directions as it thinks just in respect of—
(a)
The joinder of any person having concurrent rights of action under subsection (1) in respect of the alleged breach:
(b)
The apportionment as between the allocation body and the holders of export licences of any award of damages, or profits for which the defendant is liable to account, having regard to the terms of any applicable licence.
Compare: 1994, No. 143, ss. 120, 124; 1962, No. 33, s. 24(1)
34 Unjustified proceedings
(1)
Where a person brings proceedings under section 33, a court may, on the application of any person against whom the proceedings are brought,—
(a)
Make a declaration that the bringing of proceedings was unjustified:
(b)
On making such a declaration, make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.
(2)
A court must not grant relief under this section if the person who brought the proceedings proves that the acts in respect of which proceedings were Drought constituted a breach of section 13.
(3)
Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.
Compare: 1994, No. 116, s. 40; 1994, No. 143, s. 130
Notice of International Obligations
35 Notice of international obligations
(1)
The Minister of the Crown who (under the authority of any warrant or with the authority of the Prime Minister) is in charge of international trade may at any time until the end of the transitional period give to the new co-op, and may at any time give to the allocation body, a written notice specifying—
(a)
A particular international obligation of New Zealand; and
(b)
An element of the performance of the person’s functions or the exercise of the person’s powers to which, in the Minister’s opinion, the obligation is relevant.
(2)
The person to whom the notice is given must ensure that its performance or exercise of the element is consistent with the obligation until the notice is revoked.
Part 3 Miscellaneous Provisions
36 Conversion of Board to company
(1)
The Board is converted into and continued as a company under the Companies Act 1993 on 1 September 2000.
(2)
The provisions contained in Part II of the Fifth Schedule of the Dairy Board Act 1961 and section 15ze(6) of that Act apply in relation to the conversion of the Board.
(3)
For the purposes of the Income Tax Act 1994, the voting interests and market value interests in the Board for the period up until the conversion of the Board into a company must be calculated as if section 15ze(3) to (5) of the Dairy Board Act 1961 had not been repealed.
37 Gift duty in respect of Livestock Improvement Corporation
(1)
The transfer of shares by the Livestock Improvement Corporation Limited (LIC) before 1 September 2000 is not a dutiable gift for the purpose of the Estate and Gift Duties Act 1968 if—
(a)
The shares were issued by a company which was wholly owned by the LIC immediately before the transfer; and
(b)
Before the transfer, that company was assigned all or substantially all of the assets and liabilities of the livestock improvement business of the LIC; and
(c)
The recipients are (a) dairy farmers (including sharemilkers) who have each purchased qualifying products or services from the LIC during any one or more of the years ending 31 May 2000, 31 May 1999, and 31 May 1998; and
(d)
The transfer is made in a way that allocates the shares amongst the recipients on a proportionate basis calculated by reference to the amount paid by the recipients for qualifying products or services that they purchased from the LIC during any of the 3 years referred to in paragraph (c), as determined by the LIC.
(2)
In this section, “qualifying products or services”
means herd testing, premier sires, all nominated semen options, sire proving scheme, MINDA and Farm Wise products and services provided by the LIC.
38 Employees of Livestock Improvement Corporation
(1)
In this section,—
“LIC” means Livestock Improvement Corporation Limited:
“New company” means the company the transfer of shares in which is exempt from gift duty under section 37.
(2)
The LIC may, at any time before 1 September 2000, transfer to the new company all or any employees of the LIC—
(a)
Subject to agreement with the new company; and
(b)
Subject to any express provisions of any applicable employment contracts; and
(c)
After consulting with the employees concerned.
(3)
If the LIC transfers an employee under this section,—
(a)
For the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of the employee, his or her contract of employment is unbroken and the period of his or her service with the LIC, and every other period of service that is recognised by the LIC as his or her continuous service, is a period of service with the new company; and
(b)
The terms and conditions of the employment of each employee with the new company are (until varied) identical to the terms and conditions of his or her employment with the LIC and are capable of variation in the same manner; and
(c)
An employee is not entitled to receive any payment or other benefit by reason of ceasing to be an employee of the LIC by virtue of the employee’s transfer to the new company under this section.
39 Taxation treatment of past rebates
(1)
With respect to amounts paid by the Board before 1 September 2000, paragraph (a) of the definition of the term “rebate”
in each of section HF 1(9) of the Income Tax Act 1994 and section 199(1) of the Income Tax Act 1976 applies as if the words “of profits of”
were replaced by the word “from”
.
(2)
This section applies with respect to the 1988/89 income year and subsequent years.
40 New co-op may cancel registration as co-operative company
References in this Act to the new co-op do not limit the rights of the new co-op or the Registrar of Companies under sections 11 to 13 of the Co-operative Companies Act 1996.
41 Repeals, revocations, and amendments
(1)
The Acts specified in Schedule 3 are repealed.
(2)
The orders specified in Schedule 4 are revoked.
(3)
The Acts specified in Schedule 5 are amended in the manner shown in that schedule.
(4)
The orders specified in Schedule 6 are amended in the manner shown in that schedule.
42 Transitional provisions relating to levies
Any levy order under the Commodity Levies Act 1990 that has been imposed on a dairy commodity expires 12 months after the date on which new legislation providing for compulsory levies for industry goods comes into force.
43 Continuation of existing export permits
(1)
Existing export permits issued by the Board in accordance with section 17 of the Dairy Board Act 1961 continue until 1 September 2000 (despite the fact that those permits may otherwise have expired before 1 September 2000) as if the new co-op amalgamation had not occurred.
(2)
Subsection (1) is subject to—
(a)
Any existing right to terminate the permit in respect of a breach or other termination event:
(b)
The right of the parties to terminate the permit by agreement.
(3)
“Existing” means current as at the effective date of the new co-op amalgamation.
44 Saving relating to superannuation schemes
Despite section 41, subsections (2) and (3) of section 45 of the Dairy Board Act 1961 continue to apply on and after 1 September 2000 in respect of any person who—
(a)
Before that date became a member of a scheme established under that section; or
(b)
Is entitled to any benefit under such a scheme by virtue of a person to whom paragraph (a) applies being a member of the scheme.
45 Saving relating to export produce
Despite section 41, section 18(3) and (4) of the Dairy Board Act 1961 continues in force on and after 1 September 2000 in respect of any export produce that became the property of the Board before that date.
SCHEDULES
SCHEDULE 1 Designated Markets
Section 3
| Market | Product | Further Product Description |
|---|---|---|
| European Communities | Butter | Destined for import into the European Communities under the tariff quota for butter of New Zealand origin, as provided for in the Current Access Quotas part of Section I-B of Schedule CXL/European Communities of the World Trade Organization (this being the document circulated as WTO document G/L/65) or any successor to that Schedule. |
| European Communities | Cheddar Cheese | Destined for import into the European Communities under the tariff quota for cheddar cheese of New Zealand origin, as provided for in the Current Access Quotas part of Section I-B of Schedule CXL/European Communities of the World Trade Organization (this being the document circulated as WTO document G/L/65) or any successor to that Schedule. |
| European Communities | Cheese for Processing | Destined for import into the European Communities under the tariff quota for cheese for processing of New Zealand origin, as provided for in the Current Access Quotas part of Section I-B of Schedule CXL/European Communities of the World Trade Organization (this being the document circulated as WTO document G/L/65) or any successor to that Schedule. |
| United States of America | Cheddar Cheese | Product which falls within the product description provided in headnote 16 of Schedule XX/United States of the World Trade Organization for entry under the tariff quota for cheddar cheese of New Zealand origin, even if the product is destined for import into the United States other than under the terms of that tariff quota. |
| United States of America | Low-fat Cheese | Product which falls within the product description provided in headnote 21 of Schedule XX/United States of the World Trade Organization for entry under the tariff quota for low-fat cheese of New Zealand origin, even if the product is destined for import into the United States other than under the terms of that tariff quota. |
| United States of America | NSPF Cheese | Cheese and substitutes for cheese which falls within the product description provided in headnote 14 of Schedule XX/United States of the World Trade Organization for entry under the tariff quota for cheese of New Zealand origin, even if the product is destined for import into the United States other than under the terms of that tariff quota. |
| United States of America | Other American-type Cheese | Product which falls within the product description provided in headnote 17 of Schedule XX/United States of the World Trade Organization for entry under the tariff quota for other American type cheese of New Zealand origin, even if the product is destined for import into the United States other than under the terms of that tariff quota. |
| Canada | Butter | Butter falling within HS code 0405.10 |
| Japan | Prepared Edible Fat | Product falling within HS code 2106.90 which falls within the product description provided in Schedule XXXVIII/Japan of the World Trade Organization for entry under the tariff quota for prepared edible fat of New Zealand origin, even if the product is destined for import into Japan other than under the terms of that tariff quota. |
| Japan | Natural Cheese | Product falling within HS code 0406 |
| Dominican Republic | Milk Powder | Product which falls within the product description provided in Schedule XXIII/Dominican Republic of the World Trade Organization for entry under the tariff quota for milk powder of New Zealand origin, even if the product is destined for import into the Dominican Republic other than under the terms of that tariff quota. |
SCHEDULE 2 Amendments to Dairy Board Act 1961
Section 5
| Provision | Amendment |
|---|---|
| Section 14 | By inserting, after subsection (2), the following subsection: “(2a) It is also a function of the Board to facilitate the conversion of the Board to a company under the Fifth Schedule, as envisaged by the Dairy Industry Restructuring Act 1999.” |
| Section 15zd |
By repealing this section, and substituting the following section: “15zd Conversion of Board to company“(1) The Board may be converted into and continued as a company by an Act of Parliament. “(2) The provisions contained in the Fifth Schedule apply if the Board is so converted. “(3) On the coming into effect of this subsection, the Board is deemed to have received a written notice from the Minister of Agriculture in terms of and for the purpose of clause 12.1 of the constitution of the Board. “(4) References in the Board’s constitution to the dissolution of the Board are to be read as if they were references to the conversion of the Board.” |
| Section 15ze | By omitting the word “dissolution”in both places where it occurs, and substituting in both places the word “conversion”. |
| Fifth Schedule | By omitting the word “dissolution”in each place where it occurs, and substituting in each place the word “conversion”. |
By omitting from clause 9(1)(a) of Part II, and clause 1(2)(b) of Part III, the word “dissolving”, and substituting in each place the word “converting”. | |
By omitting from clause 2 of Part IV the word “dissolved”, and substituting the word “converted”. | |
| Fifth Schedule, Part I, clause 1 | By repealing paragraph (b) of the definition of “(b)Any copyright, patent, registered design, trademark, know how, service marks, trade secrets, or other intellectual or industrial property owned by the Board and any applications pending for patents, trademarks, copyright, and other intellectual or industrial property; and”. |
| Fifth Schedule, Part II, clause 2 |
By repealing subclauses (1) and (2), and substituting the following subclauses: “(1) The Board, on its conversion, is deemed to be a company registered under the Companies Act 1993 under the name ‘New Zealand Dairy Board’ (in this Part referred to as ‘the company’). “(1a) The name applies notwithstanding section 21 of the Companies Act 1993. “(1B) The Board must, before the conversion, deliver to the Registrar of Companies the following documents and fee: “(a)A copy of the constitution of the company certified by a director of the Board: “(b)The address of the registered office and the address for service of the company: “(c)The names of the persons who will be the directors of the company immediately following the conversion of the Board: “(d)The names of the shareholders of the company: “(e)The fee that is payable for registration of a company. “(2) The Registrar of Companies must register the company, and issue a certificate of incorporation for the company, as soon as practicable after the deemed registration of the company, if satisfied that those documents are in order. “(2a) The company must, as soon as practicable after its conversion, give notice that the Board has converted into a company with limited liability by— “(a)Publishing a notice in the Gazette and in major newspapers circulating widely in each of the geographic regions in which the Board operates; and “(b)Taking all other steps that the company considers are reasonably practicable and necessary.” |
| Fifth Schedule, Part II, new clause 3a |
By inserting, after clause 3, the following clauses: “3a New Zealand Dairy Research Institute“(1) The charitable trust commonly known as the New Zealand Dairy Research Institute is terminated on 31 August 2000, and the property of the trust ceases on that date to be trust property that is held for a charitable or any other purpose. “(2) Notwithstanding the Charitable Trusts Act 1957 or any other Act or rule of law,— “(a)On 31 August 2000 the assets, rights, and liabilities of the trust vest beneficially in the company that is on that date the trustee of the trust; and “(b)The company may, on or after 31 August 2000 and without further authority than this clause, alter or revoke its constitution in accordance with the Companies Act 1993, including for the purpose of removing the company’s charitable purposes and the restrictions on its capacity, rights, powers, and privileges. “(3) The New Zealand Dairy Research Institute, a trust board registered under the Charitable Trusts Act 1957, is dissolved and the Registrar of Incorporated Societies is directed to remove it from the register under section 26 of that Act. “(4) The vesting that takes place under subclause (2) is not a dutiable gift for the purpose of the Estate and Gift Duties Act 1968. “3b Income tax
The company which is deemed to be registered under clause 2 of this Part of this Schedule is not a ‘statutory producer board’ for the purposes of the Income Tax Act 1994.” |
| Fifth Schedule, Part II, clause 6 | By repealing subclause (2). |
| Fifth Schedule, Part II, clause 9 |
By inserting, after subclause (1), the following subclause: “(1a) The procedure in the Board’s constitution for establishing a fair and reasonable price for the purchase of the shares is deemed to include a requirement to take into account, for the sole purpose of establishing the price, and whether the price is to be established as at the date for purchase specified in subclause (1)(a) or as at any other date for purchase by the Board or another person,— “(a)The initial licences to be conferred on or enjoyed by the new coop, on and after 1 September 2000; and “(b)The assets, rights, and liabilities of the New Zealand Dairy Research Institute to be vested in the company which is the trustee of the trust under clause 3a; and “(c)The available subscribed capital augmentation to be granted to the new co-op under section 7(6)(a) and (b) of the Dairy Industry Restructuring Act 1999,— as if those licences, assets, rights, liabilities, and available subscribed capital augmentation were at the relevant date for purchase held or to be held and enjoyed by, or granted or to be granted to, or suffered or to be suffered by, the Board or the company and not the new co-op or that trustee. “(1b) Subclause (1a) does not preclude other assets being taken into account for the purpose of establishing a fair and reasonable price for the purchase of the shares. |
|
”By adding the following subclauses: “(4) Despite this clause and any provisions included in the constitution of the Board for the purposes of this clause, the Board need not purchase any shares that it is required by this clause and those provisions to purchase if— “(a)It arranges for another person to purchase the shares on the same terms that would have applied if the Board had purchased the shares; and “(b)The qualifying company agrees that the other person is to purchase the shares; and “(c)The other person purchases the shares on those terms. “(5) Subclause (4) applies notwithstanding section 15q of this Act. “(6) Nothing in this clause, or in the constitution of the Board, restricts the ability of the Board and any qualifying company to agree to any alternative method of valuing or paying for the shares to be purchased by the Board (or, under subclause (4), another person) on its conversion to a company. “(7) References in this clause to terms used in the Dairy Industry Restructuring Act 1999 have the same meanings as in that Act.” | |
| Fifth Schedule, Part II, clause 10(1)(a) | By omitting the words “The New Zealand Dairy Board Limited”, and substituting the words “New Zealand Dairy Board”. |
| Fifth Schedule, Part II, new heading and clauses 12 to 15 |
By adding to Part II of the Fifth Schedule the following heading and clauses: “Extra Transitional Provisions Applying to Conversion of Board“12 Certain matters not affected by conversion“(1) Nothing effected or authorised by this Act or the Dairy Industry Restructuring Act 1999 relating to the conversion of the Board— “(a)Is to be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong; or “(b)Is to be regarded as giving rise to a right for any person to— “(i)Terminate or cancel or modify a contract, agreement, or arrangement; or “(ii)Enforce or accelerate the performance of an obligation; or “(iii)Require the performance of an obligation not otherwise arising for performance; or “(c)Releases any surety wholly or in part from all or any obligation; or “(d)Invalidates or discharges any contract or security. “13 Dairy industry superannuation scheme“(1) In this clause,— “‘Advisory committee’ has the same meaning as in the trust deed: “‘Scheme’ means the Dairy Industry Superannuation Scheme established by deed dated 25 November 1980: “‘Trust deed’ means the deed for the scheme as amended from time to time. “(2) The trustee for the scheme may, by instrument in writing, repeal, alter, or add to any of the provisions of the trust deed for the purposes of— “(a)Omitting reference to the Board; or “(b)Replacing any reference to the Board with a reference to the advisory committee or the trustee. “(3) No consents from a member or beneficiary of the scheme, or from any other person or organisation, are required in relation to the making of any amendments to the trust deed under subclause (2). “(4) This clause applies notwithstanding the Superannuation Schemes Act 1989 or any other enactment or rule of law or any provision of the trust deed. “14 Employees
For the avoidance of doubt,— “(a)Neither the conversion of the Board under this Act nor clause 3a affects any contract of employment that is applicable to the Board or the New Zealand Dairy Research Institute (‘the Institute’); and “(b)Each employee of the Board or the Institute is an employee of the company or the company that was the trustee of the Institute (‘the Institute company’) and, for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of the employee, his or her contract of employment is unbroken and the period of his or her service with the Board or the Institute, and every other period of service that is recognised by the Board or the Institute as his or her continuous service, is a period of service with the company or the Institute company; and “(c)The terms and conditions of the employment of each employee with the company or the Institute company are (until varied) identical to the terms and conditions of his or her employment with the Board or the Institute and are capable of variation in the same manner; and “(d)An employee is not entitled to receive any payment or other benefit by reason only of the conversion of the Board or clause 3a. “15 Final accounts and report“(1) The company must— “(a)Prepare financial statements for the 3 months ending 31 August 2000; and “(b)Have those statements audited; and “(c)Prepare an annual report for the Board for that period, and lay it before Parliament,— as if sections 66, 67, and 67a of the Dairy Board Act 1961 were not repealed by the Dairy Industry Restructuring Act 1999.” |
SCHEDULE 3 Acts Repealed
Section 41(1)
1961, No. 5—The Dairy Board Act 1961 (except section 15ze(6) and the Fifth Schedule) (R.S. Vol. 38, p. 481).
1962, No. 62—The Dairy Board Amendment Act 1962 (R.S. Vol. 38, p. 558).
1963, No. 33—The Dairy Board Amendment Act 1963 (R.S. Vol. 38, p. 558).
1965, No. 66—The Dairy Board Amendment Act 1965 (R.S. Vol. 38, p. 559).
1967, No. 46—The Dairy Board Amendment Act 1967 (R.S. Vol. 38, p. 561).
1969, No. 75—The Dairy Board Amendment Act 1969 (R.S. Vol. 38, p. 562).
1971, No. 93—The Dairy Board Amendment Act 1971 (R.S. Vol. 38, p. 93).
1972, No. 139—The Dairy Board Amendment Act 1972 (R.S. Vol. 38, p. 563).
1975, No. 120—The Dairy Board Amendment Act 1975 (R.S. Vol. 38, p. 564).
1980, No. 81—The Dairy Board Amendment Act 1980 (R.S. Vol. 38, p. 565).
1988, No. 86—The Dairy Board Amendment Act 1988 (R.S. Vol. 38, p. 567).
1992, No. 101—The Dairy Board Amendment Act 1992 (R.S. Vol. 38, p. 569).
1996, No. 26—The Dairy Board Amendment Act 1996 (R.S. Vol. 38, p. 574).
1996, No. 85—The Dairy Board Amendment Act (No. 2) 1996 (R.S. Vol. 38, p. 575).
1998, No. 87—The Dairy Board Amendment Act 1998.
SCHEDULE 4 Orders Revoked
Section 41(2)
| Order | Statutory Regulations Serial Number or Gazette Reference |
|---|---|
| The Dairy Companies Borrowing Powers Regulations 1935 | Gazette, 1935, Vol. II, p. 1943 |
| The Herd Testing Regulations 1958 | 1958/44 |
| The Hutt Valley and Bays Metropolitan Milk Board Order 1963 | 1963/18 |
| The Turangi Milk District Regulations 1966 | 1966/55 |
| The Dairy Board Order 1966 | 1966/115 |
| The Dairy Board (Means of Determining Prices) Order 1973 | 1973/138 |
| The Milk Price Notice 1978 | 1978/123 |
| The Milk Price Notice, Amendment No. 1 | 1979/69 |
| The Auckland Milk Supply Association Order 1984 | 1984/221 |
| The Rotorua and Murupara District Milk Supply Association Order 1986 | 1986/174 |
| The Dairy Board (Local Marketing) Regulations 1987 | 1987/131 |
| The Dairy Board Amendment Act Commencement Order 1993 | 1993/17 |
| The Dairy Board Amendment Act Commencement Order 1996 | 1996/210 |
| The Dairy Board Amendment Act (No. 2) Commencement Order 1996 | 1996/328 |
SCHEDULE 5 Acts Amended
Section 41(3)
| Enactment | Amendment |
|---|---|
| 1931, No. 6—The Hawke’s Bay Earthquake Act 1931 | By repealing section 59(2)(g). |
| 1934, No. 34—The Agriculture (Emergency Powers) Act 1934 (R.S. Vol. 1, P.87) | By repealing section 7(1)(b). |
| 1936, No. 5—The Marketing Act 1936 (R.S. Vol. 10, p. 1) | By repealing Part II (marketing of dairy produce). |
| 1937, No. 21—The Marketing Amendment Act 1937 (R.S. Vol. 10, p. 21) | By repealing sections 12, 16, 17, and 18. |
| 1939, No. 40—The Marketing Amendment Act 1939 | By repealing sections 4 to 7. |
| 1951, No. 79—The Fees and Travelling Allowances Act 1951 (R.S. Vol. 6, p. 403) | By omitting from the First Schedule the item relating to the New Zealand Milk Board. |
| 1952, No. 55—The Dairy Industry Act 1952 (R.S. Vol. 38, p. 581) | By repealing sections 10, 22 to 25, 26, and 29. |
|
By inserting, as new sections 26 and 26a, the following sections: “26 Certain dairy exporters must be registered“(1) A person must not export dairy produce at a time when the person is not registered as a dairy exporter, in accordance with regulations made under this Act, in respect of the class or description of dairy produce concerned. “(2) This section does not apply to dairy produce of a class or description that has been exempted from registration under the regulations. Compare: 1997, No. 105, s. 18, 76(6) “26a No Crown liability
The Crown is not liable to any person in respect of the provision of any official assurances given in good faith (including export certificates) as to the compliance of dairy produce with the requirements of an importing country.” | |
By omitting from section 31(1) the expression “$100”, and substituting the words “$5,000 in the case of a natural person, and $20,000 in the case of a body corporate,”. | |
| By repealing paragraphs (t), (u), (w), (x), and (za) of section 32(1). | |
|
By inserting in section 32(1), after paragraph (x), the following heading and paragraphs: “Miscellaneous“(xa)Providing for a system for the provision of official assurances (which may include export certificates) as to the compliance of produce with the requirements of an importing country, including for the recovery of the cost of administering the system (subject to consultation with the industry) and for the withholding of certificates if the applicant does not hold a current export licence (as that term is defined in the Dairy Industry Restructuring Act 1999) in respect of the product: “(xb)Providing for the registration of exporters of dairy produce under section 28, including for exemptions from registration requirements and for the recovery of the costs of administering the registration system: “(xc)Prescribing the duties of persons exporting dairy produce: “(xd)Providing for the monitoring of residues in dairy produce, including— “(i)Prescribing the maximum permitted levels of specified substances in dairy produce: “(ii)Conferring on Inspectors such powers as are necessary to monitor compliance with prescribed maximum levels: “(iii)Prescribing the monitoring programme: “(iv)Requiring the making of reports to the Director: “(v)Providing for the recovery of the costs of administering the system (subject to consultation with the industry): “(xe)Providing for the collection of certain data for the national dairy herd improvement database, the licensing of herd testers, and providing access to that database on certain conditions or as authorised by a specified person or both: “(xf)Providing for recovery of the costs of delivering market access functions (after consultation with the industry):”. | |
| By repealing section 32(2) and (3). | |
| 1954, No. 13—The Dairy Industry Amendment Act1954 (R.S. Vol. 38, p. 608) | By repealing section 2. |
| 1955, No. 55—The Dairy Industry Amendment Act 1955 | By repealing section 2. |
| 1975, No. 68—The Dairy Industry Amendment Act 1975 | By repealing section 2(2). |
| 1976, No. 47—The Dairy Industry Amendment Act 1976 (R.S. Vol. 38, p. 610) | By repealing section 3. |
| 1980, No. 109—The Dairy Industry Amendment Act 1980 (R.S. Vol. 38, p. 610) | By repealing section 3(1). |
| 1982, No. 156—The Official Information Act 1982 (R.S. Vol. 35, p. 403) | By omitting from the First Schedule the items relating to the New Zealand Dairy Board and the New Zealand Milk Authority. |
| 1988, No. 107—The Finance Act 1988 (R.S. Vol. 37, p. 195) | By repealing section 5. |
| 1990, No. 115—The Finance Act (No. 3) 1990 (R.S. Vol. 37, p. 222) | By repealing section 8. |
| 1993, No. 49—The Finance Act 1993 (R.S. Vol. 37, p. 236) | By repealing Part II. |
| 1994, No. 16—The Company Law Reform (Transitional Provisions) Act 1994 | By repealing so much of the First Schedule as relates to the Dairy Board Act 1961 |
| 1994, No. 164—The Income Tax Act 1994 | By omitting from section CF 3(1)(d) the words “or section 15n of the Dairy Board Act 1961”. |
By omitting from section CF 3(3)(b) the words “and is not the New Zealand Dairy Board”. | |
By omitting from section CF 3(3a)(b) the words “or is the New Zealand Dairy Board”. | |
|
By omitting from the definition of (a)Paragraph (a) and substituting the following paragraph: “(a)The share is issued in accordance with the company’s constitution on terms whereby the share is required or permitted to be redeemed or repaid (including, in the case of a cooperative company, upon surrender to the company) before liquidation of the company; and” (b)Paragraph (b)(i)(F): (c)In paragraph (d), the words | |
By omitting from the definition of “special corporate entity”in section OB 1 the words “(other than the New Zealand Dairy Board on and after the coming into force of section 9 of the Dairy Board Amendment Act (No. 2) 1996)”. | |
| By omitting from Schedule 15 (statutory producer boards) the item relating to the New Zealand Dairy Board. | |
| By repealing so much of Schedule 20 as relates to the Dairy Board Act 1961. | |
| 1996, No. 24—The Co-operative Companies Act 1996 |
By adding to section 4 the following subsection: “(4) The constitution of a co-operative company may provide for a sharemilker to be a transacting shareholder of that company, on such basis as may be provided for in the constitution, whether or not the sharemilker supplies milk, or any proportion of any milk, to the company; and any sharemilker who is a transacting shareholder under such a constitution is also a transacting shareholder for the purposes of this Act.” |
|
By inserting in section 35, after subsection (1), the following subsection: “(1a) No company may apply to the Registrar for registration under this Part of this Act as a co-operative dairy company on or after 1 September 2000.” | |
| 1997, No. 105—The Meat Board Act 1997 | By repealing section 79(3). |
| By repealing so much of Schedule 4 as relates to the Dairy Board Act 1961. | |
| 1997, No. 107—The Wool Board Act 1997 | By repealing so much of Schedule 5 as relates to the Dairy Board Act 1961. |
| 1998, No. 117—The Cooperative Companies Amendment Act 1998 | By repealing section 4. |
SCHEDULE 6 Orders Amended
Section 41(4)
| Orders | Amendment |
|---|---|
| The Co-operative Dairy Companies Income Tax Regulations 1955 (S.R. 1955/55) |
By revoking regulation 10(2)(c), and substituting the following paragraph: “(c)One person nominated by the Governor-General on the recommendation of the Minister for Food, Fibre, Biosecurity and Border Control.” |
By omitting from regulation 13 the words “on the nomination of the New Zealand Dairy Board”, and substituting the words “under regulation 10(2)(c), if not a Crown employee,”. | |
| The Co-operative Milk Marketing Companies Income Tax Regulations 1960 (S.R. 1960/1) |
By revoking regulation 10(2)(c), and substituting the following paragraph: “(c)One person nominated by the Governor-General on the recommendation of the Minister for Food, Fibre, Biosecurity and Border Control.” |
By omitting from regulation 13 the words “on the nomination of the New Zealand Milk Board”, and substituting the words “under regulation 10(2)(c), if not a Crown employee,”. | |
| The Dairy Industry Regulations 1990 (S.R. 1990/290) | By revoking regulation 42. |
| The Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998 (S.R.1998/179) |
By revoking regulation 18(2)(b)(i), and substituting the following subparagraph: “(i)Determined by such organisation as is recognised by the responsible Minister as an appropriate representative of the dairy industry in the case of a beast raised for dairy farming; or”. |
|
By revoking regulation 19(b), and substituting the following paragraph: “(b)By a payment made at the discretion of such organisation as is recognised by the responsible Minister as an appropriate representative of the dairy industry:”. | |
| The Biosecurity (Bovine Tuberculosis—Cattle Levy) Order 1998 (S.R. 1998/457) |
By revoking regulation 17(a), and substituting the following paragraph: “(a)Such organisation as is recognised by the responsible Minister as an appropriate representative of the dairy industry:”. |
This Act is administered in the Ministry of Agriculture and Forestry.
"Related Legislation
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"Related Legislation
Versions
Dairy Industry Restructuring Act 1999
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