Commodity Levies (Paua) Order 2013
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Version as at 1 February 2023
Commodity Levies (Paua) Order 2013
(SR 2013/26)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 25th day of February 2013
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This order is administered by the Ministry for Primary Industries.
Pursuant to section 4 of the Commodity Levies Act 1990 (as applied by section 305 of the Fisheries Act 1996), His Excellency the Governor-General makes the following order, acting—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Primary Industries given in accordance with sections 5 and 6 of the Commodity Levies Act 1990(as modified by section 305 of the Fisheries Act 1996).
Contents
Order
1 Title
This order is the Commodity Levies (Paua) Order 2013.
2 Commencement
This order comes into force on 1 April 2013.
Order: confirmed, on 18 December 2013, by section 9(d) of the Subordinate Legislation (Confirmation and Validation) Act 2013 (2013 No 142).
2A Extension and revocation
This order is extended until the close of 24 February 2029 and, unless further extended or sooner revoked, is revoked at the close of that date.
Clause 2A: replaced, on 1 February 2023, by clause 4 of the Commodity Levies (Paua) Amendment Order 2022 (SL 2022/305).
3 Interpretation
In this order, unless the context otherwise requires,—
Act means the Commodity Levies Act 1990
GST means goods and services tax payable under the Goods and Services Tax Act 1985
levy means the levy imposed by clause 4
levy money means money paid or payable under this order as levy
levy year means,—
(a)
for the first levy year, the period starting on 1 April 2013 and ending on 30 September 2013:
(b)
for the last levy year, the period starting on 1 October 2028 and ending on 24 February 2029:
(c)
in every other case, a 1-year period starting on 1 October and ending on 30 September
mediator means—
(a)
a person appointed under clause 21; and
(b)
for a particular dispute, a mediator appointed to resolve the dispute
paua means paua of the species Haliotis iris and Haliotis australis
PIC means Paua Industry Council Limited
quota owner means a person registered on a Quota Register under the Fisheries Act 1996 as the owner of quota
quota share has the meaning given to it by section 42 of the Fisheries Act 1996
quota weight equivalent has the meaning given to it by section 2(1) of the Fisheries Act 1996
stock has the meaning given to it by section 2(1) of the Fisheries Act 1996.
Clause 3 levy year paragraph (b): amended, on 1 February 2023, by clause 5 of the Commodity Levies (Paua) Amendment Order 2022 (SL 2022/305).
Levy imposed
4 Levy imposed
(1)
A levy is imposed on wild-caught paua.
(2)
The levy is payable to PIC.
(3)
No levy is payable by the Crown.
Payment of levy
5 Quota owners primarily responsible for paying levy
The person who is the quota owner of quota in paua at the close of the first day of a month is primarily responsible for paying the levy on the paua for that month.
6 When levy payable
(1)
The levy must be paid monthly.
(2)
The due date for payment of the levy for a month is the first day of that month.
(3)
The latest date for payment of the levy is the 20th day of that month.
7 Combined levy payments
(1)
Despite clause 6, if an amount of levy payable for any month is less than $50 (excluding GST), that levy payment may be made with levy payments for 1 or more subsequent months of a relevant quarter (combined levy payment).
(2)
The latest date for payment of a combined levy payment is,—
(a)
if the combined levy payment comprises payments for the first and second months of a relevant quarter and is $50 or more (excluding GST), the 20th day of the second month of the relevant quarter:
(b)
in every other case, the 20th day of the third month of the relevant quarter.
(3)
In this clause, relevant quarter means (as applicable) the following periods:
(a)
1 January to 31 March:
(b)
1 April to 30 June:
(c)
1 July to 30 September:
(d)
1 October to 31 December.
8 Penalty for late payment
If any amount of levy has not been paid by the close of the latest date for payment, PIC may require the quota owner to pay to PIC up to 10% of the amount of the unpaid levy in addition to the amount otherwise payable.
Rate of levy
9 Levy calculation
(1)
The levy payable in a levy year is to be calculated on the basis of the quota weight equivalent of a quota owner’s quota shares in a stock of paua.
(2)
If a levy year is shorter than a 1-year period, the levy payable in the levy year is to be pro-rated in proportion to the length of the levy year.
10 Levy may be set at different rates
The levy may be set at different rates for different stocks of paua.
11 Maximum levy rate
The maximum levy rate is $3,100 (excluding GST) per tonne of quota weight equivalent.
12 Setting levy rate
(1)
For the first levy year, each stock specified in the first column of the following table has the levy rate specified, as dollars per tonne of quota weight equivalent (excluding GST), opposite the stock in the second column of the table:
| Stock |
Levy rates ($ per tonne) |
|
|---|---|---|
| PAU1 | 345.40 | |
| PAU2 | 871.65 | |
| PAU3 | 1014.38 | |
| PAU4 | 502.70 | |
| PAU5A | 484.98 | |
| PAU5B | 484.98 | |
| PAU5D | 484.98 | |
| PAU6 | 345.40 | |
| PAU7 | 990.62 | |
| PAU10 | 345.40 |
(2)
For each subsequent levy year, PIC must set the levy rate before the start of the levy year—
(a)
after completing the consultation process described in PIC’s constitution; and
(b)
in accordance with the procedure for setting the levy rate described in PIC’s constitution.
(3)
If PIC does not set the levy rate before the start of a levy year, the levy rate for that year is the rate most recently set under this clause.
13 Notification of levy rate
As soon as practicable after setting a levy rate for a levy year, but before the start of the levy year, PIC must notify the levy rate,—
(a)
in writing, directly to each quota owner; and
(b)
in the Gazette.
Expenditure of levy money
14 Levy money to be spent by PIC
PIC must—
(a)
spend all the levy money paid to it; and
(b)
invest all levy money until it is spent.
15 Purposes for which levy money may be spent
(1)
PIC may spend levy money for all or any of the following purposes relating to paua:
(a)
research and development, including obtaining scientific and technical services:
(b)
management of paua fisheries:
(c)
policy issues affecting the paua industry:
(d)
promotion of the paua industry:
(e)
education and training:
(f)
day-to-day administration of PIC.
(2)
PIC must not spend levy money on commercial or trading activities.
Record-keeping requirements and confidentiality of information
16 Records
(1)
PIC must keep records of the following for each levy year:
(a)
each amount of levy money paid to it; and
(b)
the date on which each amount of levy money was received; and
(c)
the person who paid each amount of levy money; and
(d)
how (if at all) levy money was invested; and
(e)
how and when levy money was spent.
(2)
The records required by this clause must be kept for at least 7 years after the levy year to which the records relate.
17 Confidentiality of information
(1)
No officer or employee of PIC may disclose (except to an officer or employee of PIC) any information obtained—
(a)
under or because of this order; or
(b)
under the Act 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 Act:
(b)
the production of any statement under section 25 of the Act:
(c)
the giving of evidence in any legal proceedings taken in relation to this order under, or in relation to, the Act.
(3)
Subclause (1) does not prevent PIC from disclosing or using any information—
(a)
to determine the voting entitlements, and to count the votes, of quota owners:
(b)
for statistical or research purposes, if the information is in a form that does not identify any individual:
(c)
for the purposes of invoicing or collecting the levy:
(d)
with the consent of every identifiable person to whom it relates:
(e)
as required by law.
Miscellaneous
18 Returns
(1)
PIC may request, in writing, from each quota owner any information that PIC reasonably requires for the purpose of determining the amount of levy payable by the quota owner.
(2)
Each quota owner must, as soon as is reasonably practicable after receiving a request from PIC, supply PIC with a written return of the information requested.
19 Conscientious objectors
(1)
A quota owner who objects on conscientious or religious grounds to the manner of recovery of levy money by PIC may pay the amount concerned to the Director-General of the Ministry for Primary Industries.
(2)
The Director-General must pay the amount to PIC.
20 Remuneration of persons conducting compliance audit
A person appointed as an auditor under section 15 of the Act must be remunerated by PIC at a rate determined by the Minister for Oceans and Fisheries after consultation with PIC.
Mediation of disputes
21 Appointment of mediators
(1)
This clause applies to a dispute concerning—
(a)
whether or not any person is required to pay the levy; or
(b)
the amount of levy payable.
(2)
A 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.
(3)
If asked, the President, or a person authorised by the President, may appoint a person to resolve the dispute by mediation.
(4)
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 28.
22 Remuneration of mediators
(1)
A mediator is to be paid remuneration (by way of fees and allowances) as agreed 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, 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 or amounts fixed and specified under subclause (2).
23 Conferences under control of mediator
A mediator must—
(a)
organise the date, time, and place for each conference to be held by the mediator; and
(b)
notify the parties of the matters specified in paragraph (a) by post or email; and
(c)
preside at the conference.
24 Conference to be held in private
Subject to clause 25, only the parties to a dispute and the mediator may attend a conference organised by the mediator.
25 Representatives
A mediator may allow a representative of a party to a dispute to attend a conference with the mediator if the mediator is satisfied that it is appropriate to do so in all the circumstances.
26 Right to be heard
The following persons may be heard at a conference with a mediator:
(a)
each party to the dispute; and
(b)
each representative of a party allowed by the mediator to attend the conference.
27 Evidence
(1)
A mediator may hear and take into account any relevant evidence or information, whether or not it would normally be admissible in a court of law.
(2)
A mediator may, on the mediator’s own initiative,—
(a)
seek and receive any evidence that the mediator thinks desirable to resolve the dispute; and
(b)
make any investigations and inquiries that the mediator thinks desirable to resolve the 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.
28 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)
A mediator who resolves a dispute under subclause (1) must give each of the parties written notice of the mediator’s decision and the reasons for that decision.
(3)
The parties must comply with the mediator’s decision.
29 Cost of mediation
Each party must pay its own costs in relation to the mediation.
30 Appeal to District Court
(1)
A party to a dispute who is dissatisfied with the mediator’s decision under clause 28 may appeal to the District Court against the decision.
(2)
The appeal must be brought by the filing of a notice of appeal—
(a)
within 28 days of the making of the decision concerned; or
(b)
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
(b)
notify the appellant and the other parties to the dispute; and
(c)
serve a copy of the notice of appeal on every other party to the dispute.
(4)
Every party to the dispute may appear and be heard at the hearing of the appeal.
(5)
The District Court may confirm, vary, or reverse the mediator’s decision.
(6)
The filing of a notice of appeal does not operate as a stay of any process for the enforcement of the mediator’s decision.
Clause 30(1): amended, on 1 February 2018, by clause 7 of the Commodity Levies (Paua) Amendment Order 2017 (LI 2017/296).
Michael Webster,
for Clerk of the Executive Council.
Date of notification in Gazette: 28 February 2013.
Notes
1 General
This is a consolidation of the Commodity Levies (Paua) Order 2013 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Commodity Levies (Paua) Amendment Order 2022 (SL 2022/305)
Commodity Levies (Paua) Amendment Order 2017 (LI 2017/296)
Subordinate Legislation (Confirmation and Validation) Act 2013 (2013 No 142): section 9(d)
Amendments not yet incorporated
The most recent version of this secondary legislation does not yet have amendments incorporated from: