(1) This section establishes a marketing authority to be called Deer Industry New Zealand.

(2) Deer Industry New Zealand is the same body as the Game Industry Board established by the Game Industry Board Regulations 1985.

(1) The functions of DINZ are—

• (a) to promote and assist the development of the deer industry in New Zealand:

• (b) to assist in the organisation and development of the marketing of products derived from deer:

• (c) to assist in the development of existing and new markets for products derived from deer:

• (d) to maintain statistics and disseminate relevant information to members of the deer industry:

• (e) to undertake, and arrange to be undertaken, research into deer and into processing methods for slaughtered deer:

• (f) to monitor, and from time to time report on, the economics and efficiency of all components of the deer industry:

• (g) to act in combination or association with any person or body of persons whether in New Zealand or elsewhere (whether by acquiring shares or other interests in a company or otherwise) engaged, concerned, or interested in the processing, marketing, or distribution of deer or products derived from deer:

• (h) to report from time to time to the Minister and to the Minister of Foreign Affairs and Trade—

  • (i) on trends and prospects in overseas markets in respect of products derived from deer; and

  • (ii) on movements of costs and prices or other factors likely to affect the economic stability of the deer industry; and

  • (iii) on any other matters that DINZ considers appropriate, or that the Minister or the Minister of Foreign Affairs and Trade may request:

• (i) to account to levy payers on DINZ's activities and its use of levy money and other resources:

• (j) to perform any other functions that may be conferred on it by or under these regulations or any other enactment.

(2) DINZ must—

• (a) apply levies paid to it under these regulations in performing its functions; and

• (b) pending expenditure under paragraph (a), invest the levies.

(3) However, levies received under regulation 24(a)(i) must be applied to the control and eradication of bovine tuberculosis or for other animal health purposes.

(1) DINZ comprises 8 directors elected or appointed as follows:

• (a) 4 directors are to be appointed by the New Zealand Deer Farmers Association Incorporated in accordance with its rules:

• (b) 3 directors are to be elected by venison marketers and venison processors in accordance with Schedule 1:

• (c) 1 director is to be elected by deer products marketers, deer products processors, velvet marketers, velvet pool operators, and velvet processors in accordance with Schedule 1.

(2) A director holds office for a term expiring at the close of 30 June in the third year after the year in which the director was elected or appointed.

(3) However, a director may continue in office after the expiry specified in subclause (2) or under this subclause if, before the expiry, the Minister—

• (a) authorises the director to continue in office; and

• (b) specifies the length of the director's extended term.

(4) If a director continues in office under subclause (3) , the term of office of the person elected or appointed to replace the director is reduced by a period equivalent to the director's extended term.

(5) Subclauses (2) to (4) apply subject to the director sooner dying, resigning, or being removed from office.

(6) A director whose term of office has expired may be reappointed or re-elected.

(7) The powers of DINZ are not affected by a vacancy in its membership.

(8) This regulation applies subject to regulation 8.

As soon as practicable after a person is elected or appointed, or ceases to hold office, as a director, DINZ must notify the Minister of the change.

Schedule 2 applies in relation to the first directors of DINZ.

(1) A person that is not a natural person cannot be a director of DINZ.

(2) A person is disqualified from being appointed or elected or from holding office as a director of DINZ if—

• (a) DINZ were a company under the Companies Act 1993; and

• (b) the person would be disqualified from being appointed or holding office as a director of a company under section 151(2)(a) to (f) of the Companies Act 1993.

(3) A person is disqualified from being appointed or elected or from holding office as a director of DINZ if the person and another person who is already a director of DINZ are—

• (a) associated persons; or

• (b) employees of the same person or of associated persons; or

• (c) associated persons of the same person or of associated persons.

(4) Subclause (5) applies to directors of DINZ who, after being appointed or elected, become—

• (a) associated persons; or

• (b) employees of the same person or of associated persons; or

• (c) associated persons of the same person or of associated persons.

(5) If any of paragraphs (a) to (c) of subclause (4) applies to 2 or more directors, all but 1 of the directors must resign.

(6) The directors who are to resign must be determined—

• (a) by agreement of the directors concerned; or

• (b) failing agreement, by lot.

(1) A director may be removed from office by the Minister, by notice in writing,—

• (a) because the director is disqualified from holding office under regulation 9; or

• (b) for inability to perform his or her duties adequately, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

(2) A director may resign his or her office by notice in writing addressed to DINZ.

(3) If a director dies, resigns, or is removed from office, the office becomes vacant and the vacancy is an extraordinary vacancy.

(4) An extraordinary vacancy must be filled by appointment or election in the same manner as the vacating member was appointed or elected.

(5) However, if the vacating director's term of office had less than 1 year to run, DINZ may appoint a replacement, whether the director had originally been appointed or elected.

(6) A person appointed or elected to fill an extraordinary vacancy holds office for the remainder of the term for which the vacating director was appointed or elected.

(7) Any person appointed or elected under this regulation is for all purposes a director of DINZ.

(8) This regulation applies subject to regulation 8.

(1) In each calendar year, DINZ must elect from its directors a Chairperson and a Deputy Chairperson for the ensuing 12 months.

(2) A person elected as Chairperson or Deputy Chairperson holds office until a successor comes into office, and is eligible for re-election.

(3) The Chairperson must preside at all meetings of DINZ at which he or she is present.

(4) In the absence of the Chairperson from a meeting, the Deputy Chairperson must preside, and if both are absent one of the directors present must be appointed by the directors attending to preside at the meeting.

(5) At a meeting of DINZ, the Chairperson or any other person presiding has a deliberative vote, but is not entitled to a casting vote.

(1) Meetings of DINZ must be held at the times and places that DINZ itself determines.

(2) However, DINZ may hold a meeting by means of audio, or audio and visual, communication if—

• (a) all reasonable efforts have been made to enable each director to participate in the meeting held in this manner; and

• (b) the number of directors participating constitutes a quorum for a meeting held under subclause (1); and

• (c) the directors participating in the meeting can hear each other throughout the meeting.

(3) The Chairperson of DINZ, or any 4 directors, may, after having given at least 14 days' notice to the other directors in writing, call a special meeting.

(4) At a meeting of DINZ, a quorum is 5 directors, of which—

• (a) 2 must be directors appointed under regulation 6(1)(a); and

• (b) 2 must be directors elected under regulation 6(1)(b) or regulation 6(1)(c).

(5) A question arising at a meeting of DINZ must be decided by a majority of the votes recorded.

(6) However, a question arising at a meeting of DINZ that relates to a change in levy rates requires a majority of at least 75% of the directors to decide the question.

(7) A resolution in writing signed or assented to by letter, telegram, telex, fax, or electronic message by all directors of DINZ is as valid and effectual as if it had been passed at a meeting of DINZ duly called and constituted.

(8) Subject to these regulations and to the Act, DINZ may regulate its own procedure.

(1) A director who, otherwise than as a director, is directly or indirectly interested in any arrangement or agreement made or entered into, or proposed to be made or entered into, by DINZ must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of DINZ.

(2) A disclosure under this regulation must be recorded in the minutes of DINZ and, except as otherwise provided by a resolution of DINZ, the director must not take part after the disclosure in a deliberation or decision relating to the arrangement or agreement and must withdraw from the meeting during the deliberation or decision.

(1) DINZ may—

• (a) appoint advisory or technical committees of 1 or more persons as it thinks fit to advise DINZ on any matters relating to its functions and powers that are referred to them by DINZ; and

• (b) delegate to an advisory or technical committee any of its functions and powers except—

  • (i) those relating to the fixing of levies; and

  • (ii) the power to delegate under this regulation.

(2) An advisory or technical committee may, in addition, furnish to DINZ reports on any matter concerning the deer industry in respect of which the committee, or a member or members of it, may have special knowledge or experience.

(3) A person may be appointed to be a member of a committee appointed under this regulation whether or not he or she is a director of DINZ, but if he or she is not a director and is appointed chairperson of the committee, DINZ must either confirm or reject that appointment.

DINZ must not acquire deer or products derived from deer except for promotional, experimental, or developmental purposes.

(1) For the purpose of these regulations, DINZ must establish with a registered bank (within the meaning of the Reserve Bank of New Zealand Act 1989) in New Zealand, an account to be known as the DINZ Account.

(2) There must be paid into the account—

• (a) money derived from the operations of DINZ:

• (b) levies payable to DINZ:

• (c) any other money that may otherwise be lawfully paid to DINZ.

(3) There must be paid out of the DINZ Account all costs, charges, and expenditure incurred by or on behalf of DINZ in the performance of its duties and the exercise of its functions and powers under these regulations and in their administration.

(4) DINZ may open with the registered bank at which the DINZ Account is held or with a branch or agency of the bank, any imprest or subsidiary accounts that DINZ thinks necessary for the exercise of its functions and powers.

(5) An account under this section must be operated only by the person or persons as may be authorised by DINZ for that purpose.

For the purposes of section 11(2) of the Act, the financial year of DINZ ends with 30 September in each year.

(1) A levy is imposed on—

• (a) venison derived from deer that are slaughtered at a deer slaughterhouse:

• (b) velvet derived from deer that is—

  • (i) sold by an operator of a velvet pool on behalf of a deer farmer; or

  • (ii) purchased by a person acting for an operator of a velvet packing house; or

  • (iii) received at a velvet packing house; or

  • (iv) if subparagraphs (i) to (iii) do not apply, sold for export or for processing or consumption in New Zealand.

(2) However, a levy is not payable under subclause (1)(b) on velvet if a levy has already been paid or is already payable in relation to the velvet.

(3) The notice setting the levy may—

• (a) set the levy at a single rate or at different rates in relation to different types of deer; and

• (b) specify circumstances in which the levy is not payable.

(4) The levy is payable to DINZ.

(5) All amounts of levy paid to DINZ form part of its funds in accordance with these regulations.

(6) Before 1 October in any year DINZ may fix, by notice in the Gazette, the rates of levy (including the basis of their calculation) that are to be paid in the next succeeding financial year.

(7) However, except with the written consent of the Minister, DINZ must not increase the rate of levy by more than 20% of the rate last fixed.

(8) If the rates of levy are not fixed under subclause (6) by 1 October, the rates for the next succeeding year are the same as those last fixed, whether under this regulation or by regulation 20 (as the case may be).

(1) If any levy (or goods and services tax payable on the levy) has not been paid by the latest date for payment, then DINZ may charge an additional amount not exceeding the specified percentage of the levy not paid at that date.

(2) In subclause (1), specified percentage means a percentage that—

• (a) has been notified by DINZ in the Gazette; and

• (b) does not exceed 10%.

Schedule 3 sets out—

• (a) the rates of levy (including the penalty levy) payable on and after the commencement of these regulations to the close of 30 September 2005:

• (b) the portion of the levy specified for control and eradication of bovine tuberculosis or other animal health purposes:

• (c) the circumstances in which the levy is not payable.

(1) A person who is required to pay a levy to DINZ must provide a return (in a form provided by DINZ) of information required by DINZ for the purpose of determining the levy payable.

(2) The return must be provided to DINZ within 10 days after the end of the month that the return relates to.

(1) The due date for payment of the levy to DINZ is,—

• (a) in the case of venison, the day on which the deer is slaughtered:

• (b) in the case of velvet (excluding contract processed velvet and velvet that paragraph (d) applies to), the earliest of—

  • (i) the day on which the velvet is sold by an operator of a velvet pool; or

  • (ii) the day on which the velvet is purchased by a person acting for an operator of a velvet packing house; or

  • (iii) the day on which velvet is received at a velvet packing house:

• (c) in the case of contract processed velvet, the earlier of—

  • (i) the day on which the owner of the contract processed velvet receives payment (in part or in full) for the velvet; or

  • (ii) the day on which the contract processed velvet leaves the premises of the registered contract processor:

• (d) in the case of velvet that regulation 18(1)(b)(iv) applies to, the day on which the velvet is sold.

(2) The latest date for payment of the levy is the 20th day of the month following the month in which the due date occurs.

(3) This regulation applies subject to regulation 23.

(1) DINZ may estimate any levy payable and provide a levy demand for that estimated amount if—

• (a) a return has not been supplied within the time specified in regulation 21(2); or

• (b) DINZ is not satisfied that the information contained in a return is complete and correct.

(2) A collection agent who receives a demand under subclause (1) may dispute the estimated amount demanded within 10 days after the demand is made by giving a notice of dispute to DINZ; however, this applies only to the initial demand and not to a substitute demand made under subclause (3)(c)(i).

(3) Within 15 days after receiving a notice of dispute,—

• (a) DINZ must consider the matters raised in it; and

• (b) DINZ must undertake any audit of the operations of the collection agent concerned that DINZ thinks appropriate and the collection agent allows; and

• (c) by written notice to the collection agent depending on its decision on the dispute, DINZ must—

  • (i) withdraw the demand, and substitute another for it; or

  • (ii) withdraw the demand, and indicate that no other demand will be substituted for it; or

  • (iii) confirm the demand.

(4) The latest date for payment of the levy is—

• (a) 18 days after the demand is made or any longer period that DINZ allows, unless the collection agent has, within those 18 days, disputed the estimate under subclause (2) or regulation 31; or

• (b) if the estimate has been disputed, within 18 days after the demand is confirmed or substituted under subclause (3) or regulation 38.

(5) For the purposes of this regulation, collection agent, in relation to velvet that regulation 18(1)(b)(iv) applies to, means the owner of the velvet.

The following persons are primarily responsible for paying the levy to DINZ:

• (a) in the case of venison derived from deer that are slaughtered at a deer slaughterhouse,—

  • (i) any portion of the levy specified for the control and eradication of bovine tuberculosis or for other animal health purposes is payable by the owner of the deer at the time the deer are slaughtered:

  • (ii) the balance of the levy is payable by the owner of the deer at the time the deer are slaughtered, but if (at the time of slaughter) the venison is sold to a venison marketer or venison processor, half of the balance of the levy is payable by the venison marketer or venison processor:

• (b) in the case of velvet (excluding velvet that paragraph (c) applies to), the levy is payable by the owner of the velvet on the earliest of the following:

  • (i) when the velvet is sold by the operator of a velvet pool on behalf of the owner:

  • (ii) when the velvet is purchased by a person acting on behalf of an operator of a velvet packing house:

  • (iii) when the velvet is received at a velvet packing house:

• (c) in the case of velvet that regulation 18(1)(b)(iv) applies to, the levy is payable by the owner of the velvet on the day on which it is sold.

(1) A collection agent who is a venison processor must pay the levy (and any goods and services tax payable on the levy) to DINZ on deer slaughtered at the venison processor's slaughterhouse.

(2) A collection agent who is the operator of a velvet pool must pay the levy (and any goods and services tax payable on the levy) to DINZ on velvet sold by that operator.

(3) A collection agent who is the operator of a velvet packing house must pay the levy (and any goods and services tax payable on the levy) to DINZ on velvet that is—

• (a) purchased by a person acting for that operator; or

• (b) received at the packing house.

(4) A collection agent may recover the levy (and any goods and services tax payable on it), except to the extent of any levy or penalty levy for which the collection agent is liable under these regulations, from the person primarily liable to pay the levy (or part levy) either as a debt due or by reducing the amount otherwise payable to that person for the deer or velvet purchased from that person.

(5) However, in the case of contract processed venison, the operator of the deer slaughterhouse may recover the full amount of the levy from the venison marketer or venison processor on whose behalf the operator has slaughtered the deer.

(6) A collection agent is not entitled to charge a collection fee for paying and recovering the levy.

(1) DINZ may give written notice to a collection agent,—

• (a) of any amount of levy payable in accordance with regulation 22:

• (b) of any penalty levy payable.

(2) DINZ may give written notice to the owner of velvet—

• (a) of any amount of levy payable in accordance with regulation 22(1)(d):

• (b) of any penalty levy payable.

(3) The collection agent or owner must, within 15 days (or any longer period DINZ allows in any particular case) after receiving the notice, pay to DINZ the amount specified in it.

(1) If DINZ is satisfied that an amount paid to DINZ as levy was not payable, or was more than was payable, it must out of its funds refund the amount or excess.

(2) No amount is to be refunded under this regulation unless DINZ is satisfied that—

• (a) the person claiming the refund has not recovered the amount paid; or

• (b) if the person has recovered the amount paid, the person has since repaid the amount to the person from whom he or she has recovered the amount.

(3) A refund under this regulation must not be made to a person unless he or she furnishes to DINZ a return or other information, verified in the manner that DINZ may require, as will enable DINZ to determine the amount to be refunded.

(1) A person who makes a return or pays or is liable to pay an amount of levy under these regulations must keep accurate records of the payment and full particulars of the transaction to which the payment related.

(2) The records must be retained for a period of not less than 2 years after the date on which they are made.

(1) A person specified in subclause (3) may enter premises (other than a dwellinghouse or marae) and—

• (a) inspect—

  • (i) any records kept under regulation 28; and

  • (ii) any other books, accounts, documents, or other papers relating to amounts of levy paid or payable under these regulations; and

• (b) take copies of the records, books, accounts, documents, or other papers.

(2) The power of entry must not be exercised unless—

• (a) it is exercised at a reasonable time during business hours; and

• (b) not less than 24 hours' notice of the intention to exercise the power of entry has been given to the person in charge of the premises; and

• (c) the person exercising the power has, before doing so, produced his or her identification (including evidence of authorisation) to the person in charge of the premises.

(3) The persons entitled to exercise the power of entry are any officer, employee, or agent of DINZ or the Auditor-General who is duly authorised to do so by DINZ or the Auditor-General.

(1) An amount of levy (including any penalty levy) payable under these regulations constitutes a debt due to DINZ when it becomes payable, and is recoverable accordingly by DINZ in any court of competent jurisdiction.

(2) The provision of information or the making of a return under these regulations is not a prerequisite to the right of DINZ to assess, sue for, and recover an amount of levy.

(1) This clause applies to any dispute about—

• (a) whether or not any person is required to pay the levy; or

• (b) the amount of levy payable, including a dispute about a demand for an estimated amount under regulation 23.

(2) Any party to the dispute may ask the President of the New Zealand Institute of Chartered Accountants to appoint a person to resolve the dispute by mediation; and, in that case, the President (or a person authorised by the President to do so) may appoint a person to resolve the dispute by mediation.

(3) The mediator's appointment ends if—

• (a) the parties to the dispute resolve it by agreement; or

• (b) the mediator resolves the dispute under regulation 38.

(1) A mediator must be paid the remuneration (by way of fees and allowances) agreed to by the parties to the dispute.

(2) If the parties to a dispute cannot agree on a mediator's remuneration, the President of the New Zealand Institute of Chartered Accountants (or a person authorised by the President to do so) must—

• (a) fix an amount or several amounts to be paid to the mediator as remuneration; and

• (b) specify the amount (if any) that each party is to pay.

(3) Each party must pay to the mediator the amount fixed by the President (or authorised person) and specified as an amount to be paid by that party.

Every conference organised by a mediator of the parties to a dispute is to be held on a day, and at a time and place, fixed by the mediator and notified in writing to the parties.

Only the parties to a dispute and the mediator may attend a conference organised by the mediator.

If satisfied that in all the circumstances it is appropriate to do so, a mediator may allow a representative of any party to a dispute to attend a conference of the parties organised by the mediator.

Every party to a dispute, and every representative of a party allowed by the mediator to attend a conference of the parties organised by a mediator, may be heard at the conference.

(1) A mediator may hear and take into account any relevant evidence or information, whether or not it would be admissible in a court of law.

(2) A mediator may, on the mediator's own initiative, seek and receive any evidence, and make any investigations and inquiries, that the mediator thinks desirable to resolve a dispute.

(3) A mediator may require any person giving evidence at a conference of the parties to a dispute to verify the evidence by statutory declaration.

(1) A mediator may resolve a dispute for the parties if—

• (a) the mediator has organised and presided at a conference of the parties, but the dispute has not been resolved; or

• (b) the mediator believes that the parties are unlikely to resolve the dispute, whether or not they confer directly.

(2) If subclause (1) applies, the mediator must give each of the parties written notice of the mediator's decision and the reasons for the decision.

(3) The parties must comply with the decision of the mediator.

(1) A party to a dispute who is dissatisfied with the decision made by a mediator under regulation 38 may appeal to a District Court against the decision.

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

(3) The Registrar of the court must—

• (a) fix the time and place for the hearing of the appeal, and notify the appellant and the other parties to the dispute; and

• (b) serve a copy of the notice of appeal on every other party to the dispute.

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

(5) On hearing the appeal, the court may confirm, vary, or reverse the decision appealed against.

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

A velvet processor may apply to DINZ to be a registered contract velvet processor.

(1) If DINZ is satisfied that an applicant meets the criteria for registration specified by DINZ by notice in the Gazette, DINZ must register the applicant as a registered contract velvet processor.

(2) For the purposes of subclause (1), DINZ must publish the notice in the Gazette as soon as practicable after the commencement of these regulations.

(3) DINZ may make the registration of a velvet processor under subclause (1) subject to any terms and conditions that it thinks fit.

DINZ may cancel the registration of a registered contract velvet processor if DINZ is satisfied that the processor—

• (a) no longer meets the criteria for registration notified under regulation 41(1); or

• (b) has failed to comply with any condition imposed under regulation 41(3).

A registered contract velvet processor must supply to DINZ, in writing and as soon as practicable after receiving DINZ's written request to do so, any information required by DINZ to assist it to monitor compliance with any condition imposed under regulation 41(3).

Every person commits an offence against these regulations who,—

• (a) with intent to deceive, makes a false or misleading statement or a material omission in a declaration, return, or other communication made to DINZ or to any other person for the purposes of these regulations; or

• (b) without reasonable excuse, knowingly fails to comply with a request, requirement, obligation, or provision imposed or required to be observed by these regulations.

Every person who commits an offence against these regulations is liable on conviction,—

• (a) in the case of an individual, to a fine not exceeding $400:

• (b) in the case of a body corporate, to a fine not exceeding $2,000.

(1) The Game Industry Board Regulations 1985 (SR 1985/154) are revoked.

(2) Despite subclause (1), amounts of levy that become payable before the commencement of these regulations to the Game Industry Board under the Game Industry Board Regulations 1985 continue to be due and payable as if those regulations had not been revoked.