Kiwifruit Export Regulations 1999

Reprint as at 1 August 2017

Coat of Arms of New Zealand

Kiwifruit Export Regulations 1999

(SR 1999/310)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 20th day of September 1999

Present:
His Excellency the Governor-General in Council

Note

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

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

These regulations are administered by the Ministry for Primary Industries.

Pursuant to Part 2 of the Kiwifruit Industry Restructuring Act 1999, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council and on the recommendation of the Minister of Food, Fibre, Biosecurity and Border Control, makes the following regulations.

Contents

1Title and commencement
2Interpretation
2ATransitional, savings, and related provisions
Part 1
Restrictions on export of kiwifruit
3Export ban
Part 2
ZGL’s export authorisation
4Board must authorise ZGL to export kiwifruit
5Requirements of authorisation
6Matters that must not be included in authorisation
7Discretionary requirements of authorisation
Part 3
Mitigation measures
8Purpose of Part
Non-discrimination rule
9Duty not to discriminate unjustifiably
10Justifiable discrimination
Prior notice rule
10AZGL must inform Board before carrying out activities that support core business
Non-diversification rule
11Non-diversification rule
Information disclosure
12Financial statement disclosure
13Kiwifruit Information Disclosure Handbook
14Disclosure of kiwifruit purchase conditions
15Disclosure relating to collaborative marketing
Miscellaneous provisions relating to information disclosure
16No charge for supplying information
17Period of disclosure
18Information required to be certified by auditor
19Time limit for responding to requests for information
20Information to be supplied to Board
21Exemptions
Corporate form
22Requirements as to ZGL’s corporate form
Protections for shareholders
23Contents of constitution
Resolutions for certain alterations
23AAdditional resolution procedure required for certain alterations to constitution
Part 4
Collaborative marketing
24Purpose of Part
25Exercise of Board’s powers and functions
Allocation of part of kiwifruit crop for collaborative marketing
26Allocation power
Collaborative marketing approvals
27Applicants
28Board decision
29Effect of Board decision
Other matters
30ZGL’s other contractual arrangements
31Board’s procedures and processes
Part 5
Establishment of New Zealand Kiwifruit Board
32New Zealand Kiwifruit Board
33Functions
33AStatements of intent
33BPreparation of statement of intent
33CAmendments to statement of intent
34Cost-effective requirement [Revoked]
35Prohibitions
36Appointment of Board members
36AVacation of and removal from office
37Election of producer representatives
38Powers
39Funding
40Financial statements must be prepared, audited, and publicly disclosed
40ABoard must provide certain information to Ministry
41Further provisions applying to Board
Part 6
Miscellaneous provisions
42Alteration or review of authorisation
43No contracting out
44No Crown liability
45Notice of international obligations
46Supply of information
Transitional provisions
[Revoked]
47Transitional provisions relating to Board [Revoked]
48ZGL’s authorisation in 2-month interim period [Revoked]
49Application, savings, and transitional provisions relating to amendments made to these regulations after 1 January 2014 [Revoked]
Schedule 1
Application, savings, and transitional provisions relating to amendments made to these regulations after 1 January 2014
Schedule 2
Provisions relating to Board
Gazette Information
Reprint notes