Biosecurity (Readiness and Response—Kiwifruit Levy) Amendment Order 2018
Reprint as at 20 December 2019
Biosecurity (Readiness and Response—Kiwifruit Levy) Amendment Order 2018
(LI 2018/119)
Hon Sir William Young, Administrator of the Government
Order in Council
At Wellington this 9th day of July 2018
Present:
His Excellency the Administrator of the Government 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.
This order is made under section 100ZB(1) of the Biosecurity Act 1993—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Biosecurity given after being satisfied of the matter described in section 100ZB(6) of that Act.
Contents
Order
1 Title
This order is the Biosecurity (Readiness and Response—Kiwifruit Levy) Amendment Order 2018.
2 Commencement
This order comes into force on the 28th day after the date of its notification in the Gazette.
Order: confirmed, on 20 December 2019, by section 10(a) of the Subordinate Legislation Confirmation Act 2019 (2019 No 82).
3 Principal order
This order amends the Biosecurity (Readiness and Response—Kiwifruit Levy) Order 2015 (the principal order).
4 Clause 3 amended (Interpretation)
(1)
In clause 3(1), definition of agreement, paragraph (b)(ii), delete “The KVH Foundation Incorporated and”
.
(2)
In clause 3(1), replace the definition of annual general meeting with:
annual general meeting means an annual general meeting of Kiwifruit Vine Health Incorporated held in accordance with its rules
(3)
In clause 3(1), replace the definition of industry organisation with:
industry organisation means Kiwifruit Vine Health Incorporated
(4)
In clause 3(1), replace the definition of The KVH Foundation Incorporated with:
The KVH Foundation Incorporated means the society called The KVH Foundation Incorporated that was formerly a party to the deed
(5)
Revoke clause 3(3).
5 Clause 4 amended (When order ceases to apply)
(1)
In clause 4(1), delete “The KVH Foundation Incorporated or”
.
(2)
Replace clause 4(4) with:
(4)
Despite this clause, this order continues to apply if Kiwifruit Vine Health Incorporated is succeeded as a party to the deed by another body corporate.
6 Clause 5 replaced (Levy imposed)
Replace clause 5 with:
5 Levy imposed
A levy is payable to Kiwifruit Vine Health Incorporated on kiwifruit that is grown in New Zealand and exported.
7 Clause 9 amended (Maximum rate of levy)
In clause 9, replace “0.28 cents”
with “1.4 cents”
.
8 Clause 10 amended (Rate of levy payable)
(1)
In clause 10(2)(b), delete “The KVH Foundation Incorporated or”
.
(2)
In clause 10(3)(c), delete “The KVH Foundation Incorporated or”
.
9 Clause 11 amended (Power to vary rate of levy for response activity)
(1)
Replace clause 11(2) with:
(2)
The variation of the levy rates (the varied rates) and the period during which the varied rates will apply (the variation period) must be approved by a decision of the board of Kiwifruit Vine Health Incorporated made in accordance with that society’s rules.
(2)
In clause 11(3), replace “Each”
with “The”
.
(3)
In clause 11(5)(c), delete “The KVH Foundation Incorporated or”
.
10 Clause 16 amended (Exporter responsible for collecting levy)
Replace clause 16(2) with:
(2)
The exporter must pay the levy to Kiwifruit Vine Health Incorporated.
11 Clause 17 amended (Exporter must make returns to The KVH Foundation Incorporated)
(1)
In the heading to clause 17, replace “The KVH Foundation Incorporated”
with “Kiwifruit Vine Health Incorporated”
.
(2)
Replace clause 17(1) with:
(1)
An exporter must, when paying the levy to Kiwifruit Vine Health Incorporated, provide a completed return in a form approved by that industry organisation.
12 Clause 19 amended (Records)
In clause 19(2)(b), replace “The KVH Foundation Incorporated”
with “Kiwifruit Vine Health Incorporated”
.
13 Clause 20 amended (Conscientious objectors)
Replace clause 20(2) with:
(2)
The Director-General must pay the amount to Kiwifruit Vine Health Incorporated.
Michael Webster,
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 the 28th day after the date of its notification in the Gazette, amends the Biosecurity (Readiness and Response—Kiwifruit Levy) Order 2015 (the principal order).
Clause 1 relates to the Title.
Clause 2 relates to commencement.
Clause 3 provides that the principal order amended by this order is the Biosecurity (Readiness and Response—Kiwifruit Levy) Order 2015.
Clauses 4, 5, 6, and 8 to 13 consequentially amend various clauses of the principal order to reflect the fact that Kiwifruit Vine Health Incorporated will be the industry organisation (rather than The KVH Foundation Incorporated) and to remove references to The KVH Foundation Incorporated from the principal order except where that society is referred to in clause 3 as a former party to the deed that is defined in that clause.
Clause 7 amends clause 9 of the principal order by increasing the maximum rate of levy from 0.28 cents per kilogram to 1.4 cents per kilogram.
This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 31 December 2019, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(b) of that Act.
Regulatory impact assessment
The Ministry for Primary Industries (MPI) prepared a Stage 2 Cost Recovery Impact Statement (CRIS2) for this order on 22 June 2018 to help inform the decisions taken by the Government relating to the contents of this instrument. The MPI Regulatory Impact Analysis Panel and the Treasury jointly reviewed the CRIS2 and the panel considered that the information and analysis summarised in it met the panel’s current understanding of the quality assurance criteria.
A copy of this CRIS2 can be found at—
Date of notification in Gazette: 12 July 2018.
Reprints notes
1 General
This is a reprint of the Biosecurity (Readiness and Response—Kiwifruit Levy) Amendment Order 2018 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
Subordinate Legislation Confirmation Act 2019 (2019 No 82): section 10(a)