This order is the Commodity Levies (Nashi Asian Pears) Order 2006.

This order comes into force on the 28th day after the date of its notification in the Gazette.

In this order, unless the context otherwise requires,—

(1) A levy is imposed on leviable nashi asian pears.

(2) The levy is payable to the industry organisation known, on the commencement of this order, as The New Zealand Nashi/Asian Pear Growers Association Incorporated.

A grower of nashi asian pears is primarily responsible for paying, and must pay, the levy on them.

(1) The levy is to be based and calculated on the kilogram weight of leviable nashi asian pears.

(2) The levy for a levy year is to be calculated by reference to the kilogram weight of the grower’s leviable nashi asian pears for that levy year.

(3) In each levy year, the Association must send to growers a return on which growers must declare—

• (a) the kilogram weight of leviable nashi asian pears produced in that levy year; and

• (b) the levy payable for that levy year.

The levy is to be paid at a single rate.

The maximum rate of levy is 5 cents per kilogram of leviable nashi asian pears, exclusive of any goods and services tax.

The minimum amount of levy money payable for a levy year is $45 per grower, exclusive of any goods and services tax.

The Association is to fix the actual rate of levy,—

• (a) in the case of the levy year ending 30 September 2006, in accordance with its rules; and

• (b) in the case of each of the other levy years, at its annual general meeting in the previous levy year.

If the actual rate of levy is not fixed by the Association for a levy year, the levy for that levy year is payable at the levy rate last fixed under clause 10.

(1) As soon as is practicable after fixing a rate of levy for a levy year, the Association must notify that rate and the levy year to which it relates by notice—

• (a) in a publication of the Association (if any); and

• (b) in The Orchardist.

(2) If The Orchardist ceases to be published, the Association must notify the rate of levy and the levy year to which it relates by notice in a publication of the Association (if any) and—

• (a) in a publication that replaces The Orchardist; or

• (b) if no publication replaces The Orchardist, in a publication specified by notice in the Gazette by the Minister responsible for the time being for the administration of the Commodity Levies Act 1990.

(1) Levies must be paid annually.

(2) The due date for the payment of levy money is the day on which the grower receives a return from the Association under clause 6(3).

(3) The latest day for payment of levy money is the 20th day of the month following the due date.

(4) A return becomes an invoice for levy money the moment a grower pays the levy money declared to be payable on the return.

(1) A grower must pay the Association an increased levy if the grower fails to pay levy money by the latest date for its payment under clause 13.

(2) The amount of the increased levy is—

• (a) the amount of levy money not paid by the latest date for payment; and

• (b) an additional 10% of that amount.

The Association must spend or (pending expenditure) invest all levy money paid to it.

(1) The Association must consult growers on how it proposes to spend levy money and provide the details of the previous 12 months’ expenditure at every annual general meeting of the Association.

(2) For the purposes of subclause (1), the Association must, at the meeting,—

• (a) present a budget for the proposed expenditure of levy money collected, or to be collected, in that levy year; and

• (b) present accounts on the expenditure of levy money collected in the previous levy year; and

• (c) allow reasonable time in the agenda of the meeting for growers to discuss expenditure of levy money.

The Association may spend levy money for the following purposes relating to nashi asian pears or matters in connection with them:

• (a) product research and development:

• (b) market research and development:

• (c) product promotion:

• (d) quality assurance:

• (e) education:

• (f) day-to-day administration of the Association.

A grower must complete returns received from the Association as soon as practicable after the grower receives them.

(1) Every grower must—

• (a) record the following matters for each levy year:

  • (i) the quantities of leviable nashi asian pears:

  • (ii) the names of persons who buy nashi asian pears from the grower for resale, processing, or other secondary use:

  • (iii) the amount of levy money paid to the Association; and

• (b) ensure that the records are retained for at least 2 years after the payment of the levy money to which the records relate.

(2) The Association must—

• (a) record the following matters for each levy year:

  • (i) each amount of levy money paid to it and, for each amount, the day of its receipt and the name and details of the person who paid it:

  • (ii) how (if at all) levy money received was invested:

  • (iii) how and when levy money spent by it was spent; and

• (b) ensure that the records are retained for at least 2 years after the date of payment of the levy money to which the records relate.

(3) This clause does not require any person to keep a nil record.

(1) No officer or employee of the Association may disclose (otherwise than to some other officer or employee of the Association) any commercially sensitive information obtained—

• (a) under or because of this order; or

• (b) in relation to this order, under the Commodity Levies Act 1990.

(2) Subclause (1) does not affect or prevent—

• (a) the production of records or accounts under section 17(1) of the Commodity Levies Act 1990; or

• (b) the production of statements under section 25 of the Commodity Levies Act 1990; or

• (c) the giving of evidence in legal proceedings taken—

  • (i) under or in relation to this order; or

  • (ii) in relation to this order, under or in relation to the Commodity Levies Act 1990.

(3) Subclause (1) does not prevent the Association from—

• (a) disclosing or using any information (not being information relating to an identifiable person) for statistical and research purposes; or

• (b) disclosing or using any information for the purpose of determining the voting entitlements, and counting the votes, of members of the Association; or

• (c) disclosing or using any information for the purpose of collecting levy money (including the preparation of returns and invoices under this order); or

• (d) disclosing or using any information with the consent of every identifiable person to whom it relates.

(1) A grower who objects on conscientious or religious grounds to the manner of recovery by the Association of levy money may pay the levy money concerned to the chief executive of the Ministry of Agriculture and Forestry or the chief executive of any department of State that is for the time being responsible for the administration of this order.

(2) The chief executive must pay any levy money received under subclause (1) to the Association.

A person appointed as auditor under section 15 of the Commodity Levies Act 1990 is to be remunerated by the Association at a rate determined by the Minister after consultation with the Association.

(1) This clause applies if a dispute arises about—

• (a) whether a person is required to pay a levy; or

• (b) the amount of levy money payable.

(2) A party may ask the President of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated (the President) to appoint a person to—

• (a) organise and preside at a conference of the parties; and

• (b) attempt to resolve the dispute by mediation.

(3) On receiving a request under subclause (2), the President (or a person authorised by the President to do so) may appoint a person to resolve the dispute by mediation.

(4) The mediator’s appointment ends when—

• (a) the parties resolve the dispute themselves; or

• (b) the mediator resolves the dispute under clause 30.

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

(2) However, if the parties cannot agree on a mediator’s remuneration, the President (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 must 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 of the parties organised by a mediator is to be held on a day and at a time and place fixed, and notified in writing to the parties, by the mediator.

Except as provided in clause 27, only the parties 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 a party to attend a conference of the parties organised by the mediator.

Every party, 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 verify the evidence by statutory declaration.

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

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

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

(2) If the mediator resolves a dispute, 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 a decision of the mediator.

Each party must pay the party’s own costs in relation to the mediation.

(1) A party who is dissatisfied with a decision made by a mediator under clause 30 may appeal against the decision to a District Court.

(2) An appeal is to 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 a District Court Judge allows.

(3) The Registrar of the District Court must—

• (a) serve a copy of the notice of appeal on every other party; and

• (b) fix the time and place for the hearing of the appeal; and

• (c) notify the appellant and the other parties of the time and place for the hearing of the appeal.

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

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

(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.