New Zealand Horticulture Export Authority (Fees) Regulations 2002: revoked, on 1 October 2017, by regulation 22 of the New Zealand Horticulture Export Authority (Fees and Levies) Regulations 2017 (LI 2017/229).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 14th day of October 2002

Present:
Her 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 section 62 of the New Zealand Horticulture Export Authority Act 1987, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
4	Matters for which fees may be charged and maximum fees
5	Fees exclusive of GST
6	Revocation
	Explanatory note
	Gazette Information
	Reprint notes

Regulations

1 Title

These regulations are the New Zealand Horticulture Export Authority (Fees) Regulations 2002.

2 Commencement

These regulations come into force on 1 November 2002.

3 Interpretation

In these regulations, Act means the New Zealand Horticulture Export Authority Act 1987.

4 Matters for which fees may be charged and maximum fees

(1)

The matters for which the Authority may charge fees and the maximum amount of the fees are as follows:

Matter	Maximum fee ($)
(a) Application for an export licence under section 35 of the Act	2,500
(b) Application for an exemption under section 40 or section 41 of the Act	250
(c) Application for an export licence under section 35 of the Act to replace a licence that will expire under section 36(6) of the Act	500
(d) Administering the export licensing of prescribed products in accordance with Part 3 of the Act, including in particular monitoring compliance with requirements and conditions imposed by or under sections 37 and 38 of the Act	1,500

(2)

A fee is not payable under subclause (1)(a) if the applicant already holds a current export licence.

(3)

A fee is payable under subclause (1)(c) only if the export licence applied for is to replace—

(a)

a licence for which a fee was paid under subclause (1)(a); or

(b)

if the applicant no longer holds a licence specified in paragraph (a), the next current licence granted to the applicant.

(4)

The fee payable under subclause (1)(d)—

(a)

is payable with an application for an export licence whether or not—

(i)

an applicant already holds a current export licence; or

(ii)

a fee is payable under subclause (1)(a) or (c),—

but must be refunded if the application is declined; and

(b)

if the export licence is granted, is payable, while the licence is in force, in each of the first to fourth subsequent years by the anniversary of the grant of the licence; and

(c)

to avoid doubt, is payable in respect of a current licence granted before the commencement of these regulations.

(5)

For the purposes of subclause (3)(a), if an applicant holds 2 or more current export licences granted before the commencement of these regulations, the first of those licences is to be treated as if it were a licence for which a fee was paid under subclause (1)(a).

5 Fees exclusive of GST

The fees prescribed by these regulations are exclusive of goods and services tax.

6 Revocation

The New Zealand Horticulture Export Authority (Fees) Regulations 1993 (SR 1993/99) are revoked.

Martin Bell,
Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 November 2002, prescribe—

the matters for which the New Zealand Horticulture Export Authority may charge fees; and
the maximum amount of the fees.

The maximum fees are exclusive of goods and services tax. These regulations revoke and replace the New Zealand Horticulture Export Authority (Fees) Regulations 1993.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 October 2002.

Reprints notes

1 General

This is a reprint of the New Zealand Horticulture Export Authority (Fees) Regulations 2002 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

New Zealand Horticulture Export Authority (Fees and Levies) Regulations 2017 (LI 2017/229): regulation 22

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New Zealand Horticulture Export Authority (Fees) Regulations 2002