This order may be cited as the Biosecurity (Bovine Tuberculosis—Cattle Levy) Order 1998.

This order comes into force on 14 January 1999.

In this order, unless the context otherwise requires,—

Any term or expression that is not defined in this order, but that is defined in the Act, has the meaning given to it by the Act.

There is imposed on all adult cattle slaughtered in licensed premises a levy payable to TBfree New Zealand for the purposes of partially funding the implementation of the National Bovine Tuberculosis Pest Management Plan.

The owner of any adult cattle at the time of slaughter is responsible for paying the levy.

A licensee of licensed premises where adult cattle are slaughtered must collect the levy from the owner of the adult cattle slaughtered and pay the levy to the Director-General in accordance with this order.

A licensee of licensed premises who has paid levy money in respect of any adult cattle, and who was not the owner of the adult cattle when slaughtered, may recover from the owner of the adult cattle when slaughtered all or part of any levy money paid, either as a debt or by deducting it from any money in the licensee’s hands belonging or payable to the owner.

A licensee of licensed premises is not entitled to recover the cost of levy collection and estimated amounts.

Except as provided in section 17 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997, all levy money received by the Director-General must be accounted for in full to TBfree New Zealand.

The basis for the calculation of the levy is the number of adult cattle slaughtered in a licensed premises.

The levy is to be paid at a single rate.

The maximum rate of the levy is $15 per head of adult cattle (exclusive of GST).

The actual rate of the levy is to be fixed by TBfree New Zealand at any meeting of the directors of TBfree New Zealand.

In fixing the rate of levy, TBfree New Zealand must have regard to—

As soon as practicable after fixing a rate of levy, TBfree New Zealand must notify the rate of the levy—

The licensee of licensed premises where adult cattle are slaughtered must make a return to the Director-General of the adult cattle slaughtered there.

The levy return—

The Director-General must make to licensees of licensed premises a written demand of any levy money payable.

TBfree New Zealand may, if a levy return is not made to the Director-General within the time specified in clause 13(2)(b), or if TBfree New Zealand is not satisfied that the information contained in a levy return is complete and correct,—

Every licensee to whom a demand is made under subclause (1) must, within 18 days after the making of the demand, pay the amount demanded—

Every licensee to whom a demand is made under subclause (2) must pay the amount demanded—

An amount required by subclause (4) to be paid must be paid,—

Within 10 days after the making of a demand under clause 14(2) to the licensee of any licensed premises (other than a demand substituted for another under subclause (3)(c)(i) of this clause), the licensee may dispute the estimated amount demanded by written notice to TBfree New Zealand—

If the demand was made by the Director-General, the licensee must give the Director-General a copy of the notice and the material accompanying it.

Within 15 days of receiving a notice of dispute, TBfree New Zealand must—

The only purposes for which TBfree New Zealand may spend levy money are disease control relating to cattle, vector control, and the payment of common costs (as these terms are defined in the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Order 1998 (SR 1998/179)).

Before the commencement of a financial year, TBfree New Zealand must consult with the following organisations on how levy money is to be spent in that financial year:

Funds from which payments of levy are made are to be held on trust in separate accounts.

The licensee of licensed premises must deposit in the trust account an amount equal to the levy on any adult cattle slaughtered at the premises within 15 days after the day of slaughter.

A person who makes a levy return under clause 13 or pays levy money under clause 14 must keep accurate records of the payment and full particulars of the transaction to which the payment related.

All such records must be preserved for a period of not less than 2 years from the date they are made.

A person appointed as an auditor under section 100P of the Act must be remunerated by TBfree New Zealand at a rate determined by the Minister after consultation with TBfree New Zealand (or, if the consultation occurred before 1 July 2013, the Animal Health Board (Incorporated)).

If a dispute arises as to—

the parties may agree to submit the dispute to arbitration and that agreement is an arbitration agreement for the purposes of the Arbitration Act 1996.

If the parties are unable to agree on the appointment of an arbitrator, the arbitrator must be appointed in accordance with Schedule 1 of the Arbitration Act 1996 and, whether by agreement or in accordance with the Arbitration Act 1996, the arbitrator is an arbitral tribunal for the purposes of the Arbitration Act 1996.

Except as provided in clause 24, the provisions of the Arbitration Act 1996, including the provisions for procedures to be followed by an arbitral tribunal, apply to the resolution of all disputes submitted to arbitration in accordance with this order.

The costs of the arbitration, including the arbitrator’s remuneration, must, unless the parties agree otherwise, be determined in accordance with Schedule 2 of the Arbitration Act 1996.

Any party to a dispute who is dissatisfied with the decision made by an arbitrator may appeal to a District Court against the decision.

The appeal must be brought by the filing of a notice of appeal within 28 days of the making of the decision concerned, or within any longer time as a District Court Judge allows.

The Registrar of the court must—

Every party may appear and be heard at the hearing of the appeal.

On hearing the appeal, the District Court may confirm, vary, or reverse the decision appealed against.

The filing of a notice of appeal does not operate as a stay of any process for the enforcement of the decision appealed against.