Commodity Levies (Eggs) Order 2010
Commodity Levies (Eggs) Order 2010: revoked, on 1 November 2016, by clause 33 of the Commodity Levies (Eggs) Order 2016 (LI 2016/210).
Reprint as at 1 November 2016
Commodity Levies (Eggs) Order 2010
(SR 2010/391)
Commodity Levies (Eggs) Order 2010: revoked, on 1 November 2016, by clause 33 of the Commodity Levies (Eggs) Order 2016 (LI 2016/210).
Anand Satyanand, Governor-General
Order in Council
At Wellington this 1st day of November 2010
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.
This order is administered by the Ministry for Primary Industries.
Contents
Order
1 Title
This order is the Commodity Levies (Eggs) Order 2010.
2 Commencement
This order comes into force on 20 December 2010.
Order: confirmed, on 18 October 2011, by section 7(a) of the Subordinate Legislation (Confirmation and Validation) Act 2011 (2011 No 96).
3 Interpretation
In this order, unless the context otherwise requires,—
chick means a chicken, of a kind usually kept primarily for the production of eggs (rather than the production of poultry meat), that is less than 5 days old when sold for the first time
chicken means a member of the species Gallus domesticus
eggs means the commodity specified in clause 4(1)
the Federation means the body known on the commencement of this order as the Egg Producers Federation of New Zealand (Incorporated)
hatchery means a person who or that produces chicks for sale
the industry means the business of producing eggs in New Zealand for sale
levy means the levy imposed by clause 4
levy money means money paid under this order as levy
levy year—
(a)
means a period of 12 months that begins on 1 January and ends on 31 December; and
(b)
includes the period that begins on the commencement of this order and ends on 31 December 2011
mediator means—
(a)
a person appointed under clause 24(2); and
(b)
in relation to a dispute, means a mediator appointed to resolve the dispute
producer means a person who or that, in a levy year,—
(a)
has bought more than 100 chicks; and
(b)
does 1 or both of the following:
(i)
produces eggs for sale:
(ii)
rears chicks for the purpose of supplying them to persons who or that produce eggs for sale.
Imposition and payment of levy
4 Levy imposed
(1)
A levy is imposed on all chicken eggs produced in New Zealand for sale.
(2)
The levy is payable to the Federation.
Responsibility for payment of levy
5 Producers to pay levy
A producer who buys chicks is primarily responsible for paying the levy payable on the sale of the chicks.
6 Hatcheries to pay levy and recover it from producers
(1)
A hatchery that sells chicks to a producer—
(a)
must pay the levy payable on their sale; and
(b)
may recover the levy (and any goods and services tax paid in respect of it) from the producer by including it in the price payable for the chicks.
(2)
The Federation must waive the payment of the levy by a hatchery to which the following apply:
(a)
it sells chicks to a producer at a price that includes the levy (and any goods and services tax paid in respect of the levy); and
(b)
it does not receive payment from the producer; and
(c)
it takes all reasonable steps to recover payment from the producer; and
(d)
it is unsuccessful in recovering payment from the producer.
(3)
Subclause (2) applies to the whole levy, if the hatchery is unsuccessful in recovering any payment from the producer, or to part of the levy, if the hatchery is unsuccessful in recovering the whole payment from the producer.
(4)
A hatchery is not entitled to charge a collection fee for paying and recovering the levy.
Determination of levy by Federation
7 Basis of calculation of levy
The levy is to be calculated on the basis of the sale of chicks to producers by hatcheries.
8 Hatcheries to provide chick sales figures
(1)
A hatchery must provide monthly chick sales figures to the Federation.
(2)
The sales figures must accompany the levy payments.
9 Levy to be paid at single rate
The levy is to be paid at a single rate.
10 Maximum rate of levy
The maximum rate of the levy is 50 cents per chick, exclusive of goods and services tax.
11 Federation to fix actual rate of levy
The Federation must fix the actual rate of the levy,—
(a)
for the levy year that begins on the commencement of this order, by any lawful means at the rate last fixed under the Commodity Levies (Eggs) Order 2004:
(b)
for any subsequent levy year, at the annual general meeting of the Federation.
12 Rate if no rate fixed before beginning of levy year
If the Federation does not set the actual rate of levy before 1 December in the year before a levy year, the levy for that year is payable at the rate last fixed under clause 11.
13 Notification of levy rate
As soon as is practicable after the rate of levy for a levy year has been fixed, the Federation must notify it—
(a)
in the Gazette; and
(b)
in a Federation newsletter or other means sent to all levy payers known to the Federation.
Payment of levy
14 Levy payable monthly
The levy is to be paid monthly, in respect of each calendar month.
15 When levy payable
(1)
The due date for payment of the levy is the date on which the hatchery that produced the chicks sells them to a producer.
(2)
The latest day for payment of the levy is the 20th day of the month after the month in which the due date for its payment occurs.
16 Returns
A hatchery must, as soon as is reasonably practicable after the end of each quarterly period (being the 3-monthly periods ending with the close of the months of March, June, September, and December in any levy year), inform the Federation in writing of the names of the producers who have paid the levy.
Expenditure of levy money
17 Federation must spend levy money
The Federation must spend or (pending expenditure) invest all levy money paid to it.
18 Purposes for which levy money may be spent
The Federation may spend levy money for any or all of the following purposes:
(a)
generic promotion and advertising in relation to eggs, including marketing and public relations:
(b)
research and development relating to egg production:
(c)
protection and improvement of the health of chickens:
(d)
provision of education and information in relation to eggs to producers and consumers:
(e)
collation of industry statistics:
(f)
development of codes of practice and industry standards:
(g)
the day-to-day administration of the Federation.
19 Consultation on how levy money proposed to be spent
The Federation must consult producers on how it proposes to spend its levy money, by—
(a)
notifying producers, by Federation newsletter or other means, of its general meetings; and
(b)
circulating a draft budget and plan as to how the money is to be spent before its annual general meeting or any other special meeting called to discuss the draft budget and plan; and
(c)
discussing the draft budget and plan with members of the Federation at its annual general meeting or any other special meeting called to discuss the draft budget and plan and approving them at the meeting.
Record-keeping requirements and confidentiality of information
20 Records
(1)
The Federation must, in each levy year, keep records of—
(a)
each amount of levy money paid to it and, in relation to each amount,—
(i)
the hatcheries who collected the levy; and
(ii)
the producers who were liable to pay the levy; and
(b)
how levy money paid to it has been invested or spent.
(2)
The Federation must retain the records for 2 years after the levy year to which the records relate.
21 Confidentiality of information
(1)
No officer or employee of the Federation or any other person who gathers information may disclose (otherwise than to some other officer or employee of the Federation) any information obtained,—
(a)
under this order; or
(b)
under the Commodity Levies Act 1990 in relation to this order.
(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 any statement under section 25 of the Commodity Levies Act 1990; or
(c)
the giving of evidence in any 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 Federation or a hatchery from disclosing or using information—
(a)
for statistical or research purposes, if the information is in a form that does not identify any individual; or
(b)
for the purposes of invoicing and collecting the levy; or
(c)
with the consent of every identifiable person to whom it relates; or
(d)
as required by law.
Miscellaneous
22 Conscientious objectors
(1)
A producer or hatchery who objects on conscientious or religious grounds to the manner of recovery by the Federation of an amount of levy money may pay the amount concerned to the chief executive of the Ministry of Agriculture and Forestry.
(2)
The chief executive must pay the amount to the Federation.
23 Remuneration of persons conducting compliance audits
A person appointed as an auditor under section 15 of the Commodity Levies Act 1990 must be remunerated by the Federation at a rate determined by the Minister of Agriculture after consultation with the Federation.
Mediation in case of dispute
24 Appointment of mediators
(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.
(2)
Any party to the dispute may ask the President of the Arbitrators and Mediators Institute of New Zealand Incorporated 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 clause 31.
25 Remuneration of mediators
(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 Arbitrators and Mediators Institute of New Zealand Incorporated (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.
26 Time and place of conference
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.
27 Conference to be held in private
Only the parties to a dispute and the mediator may attend a conference organised by the mediator.
28 Representatives
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.
29 Right to be heard
Every party to a dispute, and every representative of such a party allowed by the mediator to attend a conference of the parties to the dispute, may be heard at the conference.
30 Evidence
(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.
31 Mediator may resolve dispute in certain cases
(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.
32 Appeal to District Court
(1)
A party to a dispute who is dissatisfied with the decision made by a mediator under clause 31 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 of 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 District 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.
Revocation
33 Revocation
(1)
The Commodity Levies (Eggs) Order 2004 (SR 2004/469) is revoked.
(2)
Despite subclause (1), amounts of levy that become payable to the Federation under the Commodity Levies (Eggs) Order 2004 before the commencement of this order continue to be due and payable as if that order had not been revoked.
Rebecca Kitteridge,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 20 December 2010, imposes a levy on all chicken eggs produced in New Zealand for sale. The levy is payable to the Egg Producers Federation of New Zealand (Incorporated) (the Federation). A producer is primarily responsible for paying the levy. However, a hatchery that sells chicks to a producer must pay the levy to the Federation and recover it from the producer. If the hatchery cannot recover the levy from the producer, the Federation must waive the levy payment.
This order replaces the Commodity Levies (Eggs) Order 2004, which expires on 19 December 2010.
Unless earlier revoked, this order will expire 6 years after it was made.
Date of notification in Gazette: 4 November 2010.
Reprints notes
1 General
This is a reprint of the Commodity Levies (Eggs) Order 2010 that incorporates all the amendments to that order as at the date of the last amendment to it.
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
Commodity Levies (Eggs) Order 2016 (LI 2016/210): clause 33
Subordinate Legislation (Confirmation and Validation) Act 2011 (2011 No 96): section 7(a)