Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847151179.pdf (New Zealand)
Wine Act 2003 Public Act Date of assent 2003 No 114 30 October 2003 Contents Part 1 Preliminary provisions Title Commencement Objects of Act Interpretation Application of Act generally Scope of Act Exemptions from application of Act Part 2 Winemaking and export of wine Outline of this Part Subpart 1—Wine standards management plans What is a wine standards management plan?

Who must have a wine standards management plan?
Winemakers with associated wine products or food business Limited exemption from requirement to have wine standards management plan Certain persons may be required to have wine standards management plan Duties of operators of wine standards management plans Contents of and requirements for wine standards management plans Page 6 6 7 7 12 12 13 14 14 14 15 15 17 17 Note The Wine Act 2003 is administered by the New Zealand Food Safety Authority .
1 Wine Act 2003 Reprinted as at 3 September 2007 15 Multi­business wine standards management plans Registration of wine standards management plans Wine standards management plans must be registered Register of wine standards management plans Applications for registration of wine standards management plans Registration of wine standards management plans Refusal to register wine standards management plan Registration may not be transferred Signiﬁcant amendment of wine standards management plan Updates of minor amendments to wine standards management plans Suspension of operations under registered wine standards management plan Deregistration of wine standards management plan Removal of wine business from coverage of wider wine standards management plan Surrender of registration Miscellaneous matters Director­General to recognise agencies and persons to perform veriﬁcation functions in respect of wine standards management plans Wine standards management plan in conﬂict with regulations or notices Subpart 2—Wine standards and speciﬁcations Outline of subpart 2 Application of standards and speciﬁcations Application to wine products Regulations may prescribe standards Prerequisites for prescribing standards Director­General may issue speciﬁcations supplementary to wine standards Subpart 3—Export of wine Object of subpart 3 Prerequisites for export Export eligibility requirements Exemption of certain consignments Duties of exporters 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2 19 20 20
Reprinted as at 3 September 2007 Wine Act 2003 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Market access requirements and ofﬁcial assurances to foreign governments Director­General to notify or make available access requirements for overseas markets Director­General may issue ofﬁcial assurances Form and content of ofﬁcial assurance Obtaining of ofﬁcial assurance Ofﬁcial assurance may be withdrawn, and reissued Persons who may be authorised
 to issue ofﬁcial assurances Registration of exporters Register of exporters Applications for registration as exporter Registration as exporter Refusal to register exporter Registration fee payable Deregistration of exporters Surrender of registration Refusal to register or decision to deregister may be reviewed in certain cases Part 3 Ofﬁcers, cost recovery, etc Subpart 1—Ofﬁcers, powers, and persons with specialist functions Appointment of ofﬁcers 55 Wine ofﬁcers Powers of Director­General Director­General may issue notices Director­General may give directions Recall of wine Power to direct disposal, etc, of wine in certain circumstances Statements by Director­General Delegations by Director­General Powers of wine ofﬁcers Power of entry Power to examine, etc Power to interrupt operations, etc Issue of search warrant Wine Act 2003 Reprinted as at 3 September 2007 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Powers of police and wine ofﬁcers under warrant Requirements when executing warrant Disposal of property seized under search warrant Recognised agencies and persons Director­General may recognise agencies that may be responsible for veriﬁcation and other specialist functions Director­General may recognise persons to carry out veriﬁcation or other specialist functions Duties of recognised agencies Duties of recognised persons Register of recognised bodies
 and persons Applications for recognition Grant of recognition Conditions of recognition Recognition fee payable Refusal to grant recognition Withdrawal of recognition Surrender of recognition Substituted notice of recognition Decisions may be reviewed in certain cases Protection of persons acting under Act 83 Protection of persons acting under authority of Act, etc Subpart 2—Cost recovery Principles of cost recovery Methods of cost recovery Cost recovery to relate generally to ﬁnancial year Three­yearly
 review of cost recovery Fees and charges to be prescribed by regulations Regulations may impose levies Trust accounts required to be kept by persons collecting levies Other charges not requiring to be prescribed Exemptions, waivers, and refunds Fees, levies, and charges to constitute debt due to Director­General Penalties for failure to pay fee, levy, or charge Obligation to pay fee, levy, or charge not suspended by dispute Levy regulations to be conﬁrmed Reprinted as at 3 September 2007 Wine Act 2003 Part 4 Offences, penalties, and miscellaneous provisions Offences, penalties, and proceedings Offences involving deception Offences involving endangerment of human health Sale of non­complying wine Offence to export unless registered or in compliance with export eligibility requirements Obstruction of ofﬁcers, etc Offence of breach of duty Failure to comply with Act, etc Defence for persons charged with breach of duty or failure to comply Evidence in proceedings Presumption as to authority Liability of body corporate Liability of directors and managers of companies Liability of companies and persons for actions of agent or employee Offences generally punishable on summary conviction 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Application of Commodity Levies Act 1990 to wine Industry levies 112 113 114 115 116 117 118
 Recordkeeping requirements Records and returns Records to be available for inspection, etc Right of review Right of review of certain decisions made under delegated authority Consultation, notiﬁcation, etc Consultation requirements for making of certain orders, speciﬁcations, etc Notiﬁcation of certain matters Service of individual notices, etc Directions, etc, to non­Ministry persons with functions under Act Regulations, notices, etc 119 120 Regulations Notices 74 76 77 77 78 78 78 79 79 82 82 83 83 83 84 84
 85 86 87 88 89 90 91 93 5 Wine Act 2003 Reprinted as at 3 September 2007 s 1 121 Incorporation of material by reference into regulations, notices, and orders Repeals, amendments, savings, and transitional provisions 122 Wine Makers Act 1981 repealed 123 Wine Makers Levy Act 1976 repealed 124 125 Alcohol Advisory Council Act 1976 amended Food Act 1981 amended 8AB Relationship between this Part and Wine Act 2003 Privacy Act 1993 amended Customs and Excise Regulations 1996 amended 126 127 128 Wine Makers Regulations 1990 revoked 129 Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc Transitional period for wine standards management plans Transitional provisions relating to exports and exporters Transitional provisions relating to fees 130 131 132 Schedule 1 Form of search warrant Schedule 2 Amendments to Alcohol Advisory Council Act 1976 95 96 96 97 97 97 97 97 98 98 98 99 99 100 101 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Wine Act 2003.
Part 1 Preliminary provisions Commencement This Act comes into force on 1 January 2004, except for sec­ tions 123(1) and 124(2).

Section 123(1) comes into force on the close of 30 June 2005, or on such earlier date as the Governor­General may ﬁx by Order in Council.

2 (1) (2) 6 Reprinted as at 3 September 2007 Wine Act 2003 Part 1 s 4 (3) Section 124(2) comes into force on the close of 30 June 2004.
3 4 (1) Objects of Act The objects of this Act are to— (a) (b) (c) (d) (e) (f) provide for the setting of standards for identity, truth­ fulness in labelling, and safety of wine: provide for the minimising and management of risks to human health arising from the making of wine and the ensuring of compliance with wine standards: facilitate the entry of wine into overseas markets by pro­ viding the controls and mechanisms needed to give and safeguard ofﬁcial assurances issued for the purpose of enabling entry into those markets: enable the setting of export eligibility requirements to safeguard the reputation of New Zealand wine in over­ seas markets: promote consultation with industry organisations on the regulation of the industry, as an aid to fostering efﬁ­ ciency and growth in the New Zealand wine industry: enable levies to be imposed on winemakers for payment to entities representing their interests for the funding of industry­good activities.
Interpretation In this Act, unless the context otherwise requires,— commodity means any plant material or honey used for the making of wine Director­General means the chief executive of the Ministry export eligibility requirements means those requirements imposed on exports of any class, kind, or description of wine by regulations made under section 38 exporter means a person who exports any wine from New Zealand for reward or for purposes of trade; and includes the New Zealand agent or representative of that exporter ﬁnancial year means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year ﬁt for intended purpose, used in relation to wine, is described in subsection (2) 7 Part 1 s 4 Wine Act 2003 Reprinted as at 3 September 2007 Part 1A of that Act and food safety programmes: the Food Hygiene Regulations 1974 Food Act regime means the alternative regimes under the Food Act 1981 that consist of, or relate to,— (a) (b) food safety programme means an appropriate food safety programme within the meaning of the Food Act 1981, being a programme whose adoption gives rise to an exemption from the Food Hygiene Regulations 1974 under Part 1A of that Act fruit wine or vegetable wine, subject to subsection (3), means the product prepared from the complete or partial fermentation of any fruit, vegetables, grains, cereals, or preparations of fruit, vegetables, grains, or cereals, other than that produced solely from grapes grape wine, subject to subsection (3), means the product of the complete or partial fermentation of fresh grapes, or a mixture of that product and products derived solely from grapes hazard means a biological, chemical, or physical agent that— is in or has the potential to be in wine, or is or has the (a) potential to affect the condition of wine; and leads or could lead to an adverse or injurious health effect on humans from consumption of wine (b) in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or
 email or other electronic means industry organisation means, as appropriate, all or any of— (a) (b) the Wine Institute of New Zealand Inc: the New Zealand Fruit Wine and Cider Makers Associ­ ation: the New Zealand Grape Growers Council Inc: any other body speciﬁed as an industry organisation for the purposes of this deﬁnition by the Minister by notice in the Gazette: the successors in title of any of those bodies (e) label, subject to subsection (3), means any tag, brand, mark, or statement in writing or any representation or design or de­ scriptive matter on or attached to or used in connection with or accompanying any wine (c) (d) 8 Reprinted as at 3 September 2007 Wine Act 2003 Part 1 s 4 the crushing or pressing of the commodity for juice: the fermentation of the commodity or juice into wine: any storage, blending, or mixing of a wine or wines: bottling or otherwise packaging wine: labelling of wine making, or made, in relation to wine, means any or every process or action from receipt of the commodity through to dispatch of the wine, including— (a) (b) (c) (d) (e) marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated mead, subject to subsection (3), means the product prepared from the complete or partial fermentation of honey Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act Ministry means the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act New Zealand food standard means a food standard issued under Part 2A of the Food Act 1981 ofﬁcial assurance has the meaning given by section 42 operator, in relation to a wine business, means the owner or other person in control of the business place includes any building,
 conveyance, moveable facility, or structure; and includes any land where wine or commodities are produced recognised agency, in relation to any function or activity, means a person or body recognised under section 69 for the purpose of performing that function or activity recognised management plan veriﬁer means a person cur­ rently recognised under section 70 as a wine standards man­ agement plan veriﬁer recognised person, in relation to any veriﬁcation or other spe­ cialised function or activity, means a person recognised under section 70 for the purpose of performing that function or ac­ tivity 9 Part 1 s 4 Wine Act 2003 Reprinted as at 3 September 2007 recognised verifying agency means a person or body cur­ rently recognised under section 69 as a wine standards man­ agement plan verifying agency registered exporter means an exporter currently registered under section 49 registered wine standards management plan means a wine standards management plan that is currently registered under section 19 risk factors means— (a) (b) sell has the same meaning as trade trade means sell for consumption or use; and includes— (a) risks from false or misleading labelling: risks from hazards to human health selling for resale (including as a constituent part of an­ other product) for consumption or use: offering or attempting to sell, or receiving for sale, or having in possession or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale: barter: supplying a product under a contract, together with other goods or services or both, in consideration of an inclusive charge for the product and the other goods or services: offering as a public prize or reward, or giving away for the purpose of advertisement or in the furtherance of any trade or business: every other method of disposition for valuable consid­ eration (b) (c) (d) (e) (f) veriﬁcation includes the periodic checks carried out by recog­ nised management plan
 veriﬁers to determine— (a) the appropriateness of a wine standards management plan: (b) whether operations that are subject to a wine standards management plan are in compliance with the require­ ments of the plan and of this Act: 10 Reprinted as at 3 September 2007 Wine Act 2003 Part 1 s 4 (c) whether wine for whose export an ofﬁcial assurance is required has been produced or made in a way that meets the requirements for the ofﬁcial assurance wine means any grape wine, fruit wine, vegetable wine, or mead; and— (a) includes— (i) (ii) cider and perry: fortiﬁed wines such as sherry, port, and fruit or vegetable­based liqueurs; and (b) exports wine to the extent speciﬁed in section 10(3) or section 12(4) or section 32 includes wine products; but does not include beer or spirits (c) wine business means a business undertaking that, for reward or for the purposes of trade,— (a) makes wine; or (b) wine ofﬁcer, or ofﬁcer, means a person appointed as a wine ofﬁcer under section 55; and includes the Director­General wine product, subject to subsection (3), means a food (as de­ ﬁned in the Food Act 1981) containing no less than 700 ml/L of wine which has been formulated, processed, modiﬁed, or mixed with other foods such that it is not wine wine standard, or standard, means a standard prescribed under subpart 2 of Part 2 that speciﬁes criteria that must be met to determine ﬁtness for its intended purpose of any class or description of wine wine standards management plan has the meaning given by section 8, and, except in subpart 1 of Part 2, is to be taken to refer to a registered wine standards management plan winemaker means a person who, for reward (otherwise than as an employee) or for purposes of trade, makes wine.
In this Act, ﬁt for intended purpose, used in relation to wine, means wine that has been made in accordance with the require­ ments of this Act and that meets any relevant wine standards and associated speciﬁcations set under subpart 2 of Part 2 and any relevant New Zealand food standards.
The Governor­General may, by Order in Council, amend or substitute the deﬁnitions of fruit wine or vegetable wine, 11 (2) (3) Part 1 s 5 Wine Act 2003 Reprinted as at 3 September 2007 grape wine, label, mead, and wine product to ensure con­ sistency with New Zealand food standards.
(4) Nothing in the deﬁnitions of fruit wine or vegetable wine, grape wine, mead, or wine product prevents the addition of any foods, food additives, or processing aids to such products if that addition to the particular product is permitted under the Food Act 1981.

Application of Act generally Scope of Act This Act applies to the making of all wine for reward or for the purposes of trade or export.
This Act may also apply or be made to apply to wine products and producers of commodities from which wine is made, to the extent speciﬁed in sections 10 and 12.

Classes, descriptions, and kinds of wine, commodities, wine­ makers, exporters, and operations may be excluded from the application of this Act to the extent exempted from all or any of its provisions by Order in Council under section 6.
Exemptions from application of Act The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, exempt any of the following from all or any of the provisions of this Act: (a) (b) any class, description, or kind of wine: any commodity or any class, description, or kind of commodity from which wine is made: any 1 or more classes or descriptions of winemakers or exporters of wine: any 1 or more classes or descriptions of operations, premises, or places in relation to the making or export of wine: any combination of the above.
(e) The Minister may not recommend the making of an order under this section unless satisﬁed, having regard to the mat­ ter to be exempted, that the risk to human health and to trade of providing the exemption is negligible.
(c) (d) 5 (1) (2) (3) 6 (1) (2) 12 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 7 (3) (4) In determining whether or not to recommend the making of an order the Minister is to have regard to the following: (a) the desirability of maintaining consistency between New Zealand wine standards, New Zealand Food Stan­ dards, and any relevant standards, requirements, or recommended practices that are accepted internation­ ally: the desirability of maintaining consistency with New Zealand’s international obligations: the desirability of facilitating access to overseas mar­ kets: the need to protect the health of consumers of wine: the relative cost of having the exemption or not having it, who bears the cost, and the positive and negative impacts on New Zealand consumers: such other matters as the Minister considers relevant.
(f) The Minister may not recommend the making of an order under this section unless satisﬁed that appropriate consultation has been carried out in accordance with section 115.

(b) (c) (d) (e) (5) An exemption under this section may have retrospective ef­ fect.
Part 2 Winemaking and export of wine 7 Outline of this Part This Part provides for— (a) wine standards management plans, under which wine­ makers must operate, as a main means of— (i) ensuring that wine complies with appropriate standards and is safe for consumption; and facilitating exports of wine; and (ii) the setting of wine standards and speciﬁcations that must be met by any wine intended for trade or export; and requirements in relation to the export of wine, and the giving of ofﬁcial assurances where appropriate to meet overseas market access requirements.
(b) (c) 13 Part 2 s 8 Wine Act 2003 Reprinted as at 3 September 2007 Subpart 1—Wine standards management plans What is a wine standards management plan?

8 (1) A wine standards management plan is a plan designed to iden­ tify, control, manage, and eliminate or minimise hazards and other risk factors in relation to the making of wine in order to ensure that the wine is ﬁt for its intended purpose.
(2) A wine standards management plan may be individually cre­ ated by the person or wine business to whom or which it is to apply, or it may be created by some other party but adopted and amended to suit the operations of the person or business concerned.

It may also be based on a template, a model, or a code of practice, if in the view of the Director­General the template, model, or code of practice is valid and appropriate for the business concerned.
(3) A wine standards management plan can relate to any or all matters relating to the making of wine for trade or export.

(4) A wine standards management plan may also apply to 1 or more wine businesses in cases where the Director­General has given approval under section 15.

9 Who must have a wine standards management plan?


The following persons must operate under a registered wine standards management plan for their wine­related operations, unless exempted under section 6 or section 11: (a) (b) all winemakers: such other persons as may be speciﬁed by Order in Council under section 12 as requiring to operate under a wine standards management plan.
10 Winemakers with associated wine products or food business (1) Winemakers who make wine products may, in respect of their wine product operations, either— (a) include those operations in their registered wine standards management plan for their winemaking op­ erations; or 14 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 12 (b) comply with the Food Act regime for their wine product operations.
(2) Winemakers who also make or retail food products must both— (a) (b) have a registered wine standards management plan for their winemaking operations; and comply with the Food Act regime in respect of their food product operations.

(3) Where wine product operations are included in a wine stan­ dards management plan under subsection (1), then, unless the context otherwise requires, all the provisions of this Act apply to the wine product concerned as if it were wine.
11 (1) (2) Limited exemption from requirement to have wine standards management plan The Director­General may, by notice under section 120, ex­ empt in whole or in part any winemaker or person required under section 12 to have a wine standards management plan from the requirement to operate under a wine standards man­ agement plan— (a) (b) for the period speciﬁed in the notice; and on such conditions (if any) as may be speciﬁed in the notice.
The Director­General may not grant an exemption under sub­ section (1) unless satisﬁed that, having regard if appropriate to the period of the exemption or the conditions imposed,— (a) the risk to human health of providing the exemption is negligible; and the risk of damage to trade is also negligible.

(b) (3) An exemption under subsection (1) may have retrospective effect.
12 (1) Certain persons may be required to have wine standards management plan The Governor­General may, by Order in Council made on the recommendation of the Minister, require any 1 or more classes of the following categories of persons to have a wine stan­ 15 Part 2 s 12 Wine Act 2003 Reprinted as at 3 September 2007 (2) (3) (b) (c) (d) exporters of wine: transporters of commodities or wine: producers of commodities: persons manufacturing wine products.
dards management plan in respect of the wine­related oper­ ations speciﬁed in the order: (a) (b) (c) (d) The persons to whom and operations to which the order applies may be deﬁned by reference to— (a) the class, kind, or description of commodity or wine or wine product produced: the intended purpose or destination of the commodity or wine or wine product in question: the type of operations or processes carried out in rela­ tion to the commodity or wine or wine product: the type of premises or place in which operations or processes are carried out in relation to the commodity or wine or wine product in question: any combination of the above.
(e) The Minister may not recommend the making of an order under this section unless— (a) the Minister is satisﬁed that the order is necessary or desirable— (i) in the interests of producing wine or wine product that is ﬁt for its intended purpose; or for the purpose of facilitating access to overseas markets; and (ii) (b) there has been appropriate consultation on the subject matter of the order in accordance with section 115, ex­ cept where the Minister considers the making of the order a matter of urgency in the public interest.
(4) Where an order under this section requires a wine standards management plan in respect of any speciﬁed operations, it may also, to ensure the appropriate application of any relevant pro­ visions of this Act to the commodity or wine product or other matter concerned, specify that those provisions are to apply as if the commodity, wine product, or matter were wine, or other­ wise make appropriate provision to ensure the application of this Act to the operations for which a registered wine standards 16 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 14 management plan is required; and those provisions then apply accordingly.
13 Duties of operators of wine standards management plans An operator of a wine standards management plan has the fol­ lowing duties: (a) to ensure that the operations of the business subject to the plan do not contravene the relevant requirements of and under this Act, including the requirements set out in the plan: to ensure the plan is consistent with the requirements of regulations and notices in force from time to time under this Act: to adequately implement and resource all operations under the plan, including provision for the instruction, competency, and supervision of staff to ensure the mak­ ing of wine that is ﬁt for its intended purpose: to ensure that all operations under the plan are com­ mensurate with the capability and the capacity of the premises or place, facilities, equipment, and staff to make wine that is ﬁt for its intended purpose and, if ap­ plicable, complies with any export requirements under subpart 3 of Part 2: to give relevant recognised persons such freedom and access as will allow them to carry out their functions and activities under the Act, including veriﬁcation functions and activities: to notify the Director­General, in advance where prac­ ticable, and otherwise as soon as possible, of any change in the operator’s recognised verifying agency.
(b) (c) (d) (e) (f) 14 Contents of and requirements for wine standards management plans (1) A wine standards management plan must— (a) (b) be in writing in a form acceptable to the Director­Gen­ eral: specify the name and address (including the electronic address, if available) of— (i) the business operator whose plan it is; and 17 Part 2 s 14 Wine Act 2003 Reprinted as at 3 September 2007 (ii) the business or businesses covered by the pro­ gramme: (c) identify— (i) (ii) (iii) the wine being made; and the premises or place to which the plan applies; and any other business to which the plan applies (if it does not apply only to the business of the person applying for registration).
(2) A wine standards management plan must— (a) (b) (c) (d) (e) set out the procedures the operator will use for identify­ ing, controlling, managing, eliminating, or minimising risk factors: describe the steps the operator will take to conﬁrm that the plan is working effectively: provide for appropriate corrective actions (including re­ call) to be undertaken where the wine may not be ﬁt for its intended purpose: set out appropriate and auditable documentation and record keeping: as appropriate to the operations under the plan, contain the matters speciﬁed in, and otherwise comply with— any relevant standard or other requirement pre­ (i) scribed by regulations made under this Act, and any relevant New Zealand food standard: any relevant speciﬁcations set by the Director General under this Act (including location of ref­ erence material and documents recording speciﬁc procedures): (ii) (f) cover all winemaking components and processes, and all premises and equipment: (g) document all processes involved in the making of wine.
In relation to hazards, a plan must demonstrate that the follow­ ing matters have also been taken into account in its develop­ ment: (a) systematic identiﬁcation of any hazards, and determin­ ation of the signiﬁcance of those hazards, involved in the production of commodities and the making of wine: (3) 18 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 15 (b) (c) (d) (e) (f) (g) determination of the points at which the hazards of sig­ niﬁcance identiﬁed in paragraph (a) occur, and the pro­ cesses or procedures to best control them: establishment of acceptable parameters of the processes or procedures at the points determined in paragraph (b): establishment of monitoring procedures to demonstrate control at the points determined in paragraph (b): identiﬁcation of the action that will be taken if any pa­ rameters established for the plan are not achieved: establishment of procedures for the ongoing conﬁrm­ ation that the plan is effective in managing the hazards: appropriate and auditable documentation and record keeping.
(4) A proposed plan must also make appropriate provision for veriﬁcation activities and the rights of recognised management plan veriﬁers, as speciﬁed by the Director­General.

15 Multi­business wine standards management plans (1) A registered wine standards management plan may apply to (2) more than one business, if the Director­General approves.
The Director­General may approve one person’s wine stan­ dards management plan applying to all or part of the business or businesses of 1 or more other persons if satisﬁed that— (a) the plan is appropriate to the other businesses or part­ businesses, as well as to the business of the person whose plan it is; and the registered operator of the plan will have sufﬁcient control, authority, and accountability for all matters covered by the plan in relation to the other businesses or part­businesses subject to its coverage; and the applicant for the approval has obtained the consent or otherwise taken into account the views of any person whose business or part­business is to be covered by the plan.
(b) (c) The approval may be given subject to conditions.

(3) (4) Application for approval under this section must be made by the operator of the wine standards management plan, either at the time of application for its registration under section 18, or as an application for amendment under section 22(3).
19 Part 2 s 16 Wine Act 2003 Reprinted as at 3 September 2007 Registration of wine standards management plans 16 Wine standards management plans must be registered A person who is required to operate under a wine standards management plan must apply for registration of the plan in accordance with section 18.
Register of wine standards management plans The Director­General must keep and maintain a register of wine standards management plans that records every wine standards management plan registered under this Part.
The purpose of the register is— (a) to enable members of the public, including persons and businesses operating under this Act, to know what busi­ ness operations are subject to wine standards manage­ ment plans, and who is responsible for various functions under those plans; and to facilitate the ability of the Director­General to— (i) (b) (ii) (iii) ensure that all traded wine is ﬁt for its intended purpose; and advise winemakers and other persons required to have wine standards management plans under section 12 of overseas market access require­ ments, and of developments in market access issues; and to safeguard ofﬁcial assurances for entry of wine into overseas markets, including in emergency situations; and (c) to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
The register of wine standards management plans must contain the following particulars in respect of each plan registered: (a) the name and address (including the electronic address, if available) of the winemaker or other business owner or operator whose plan it is: the name, or the position or designation, of the person who is responsible for the day­to­day management of (b) 17 (1) (2) (3) 20 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 17 the plan, as nominated by the winemaker or other busi­ ness owner or operator: the date on which the plan was registered, and the regis­ tration number or other unique identiﬁer allocated to it: the types of wine (whether grape wine, fruit wine or vegetable wine, or other type of wine or wine product) to which the plan applies: the principal categories of winemaking and other oper­ ations carried out under the plan: the location and type of premises or place to which the plan applies: the name of the recognised verifying agency responsi­ ble for the veriﬁcation function under the plan: the date (and period, if appropriate) of any suspension of operations under the plan or any deregistration or surrender of registration of the plan: a brief indication of the reason for any such suspension or deregistration: the date of the most recent amendment to the plan: such other particulars as may be prescribed by or under this Act.
(c) (d) (e) (f) (g) (h) (i) (j) (k) (4) (5) The Director­General must— (a) keep the register open for public inspection, free of charge, at all reasonable hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines as necessary or appropriate; and supply to any person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
(b) The register may be kept in such manner as the Director­Gen­ eral thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) that records or stores information electronically or by other means; and that permits the information so recorded to be readily inspected or reproduced in usable form; and that permits the information in the register to be ac­ cessed by electronic means, including (without limita­ tion) by means of remote log­on access.
(b) (c) 21 Part 2 s 18 Wine Act 2003 Reprinted as at 3 September 2007 18 Applications for registration of wine standards management plans (1) An application for registration of a wine standards manage­ ment plan must be made in writing in a form or manner ap­ proved by the Director­General, and be accompanied by— (a) either— (i) (ii) a copy of the wine standards management plan (or such greater number of copies as may be re­ quired by the Director­General); or an outline of the contents of the wine standards management plan that complies with the require­ ments of the Director­General for those outlines; and (b) (c) (d) (e) a copy of a report of an independent evaluation, car­ ried out not more than 6 months before the date of the application for registration, of the validity of the wine standards management plan, in terms of sections 8 and 14; and the name of the recognised verifying agency that has in­ dicated it is prepared to undertake veriﬁcation functions in respect of the plan; and such further information and other material (including declarations, where appropriate) as may be required by regulations made under this Act; and the prescribed fee (if any).
(1A) Despite the requirement in subsection (1)(b), the Director­ General may waive or modify the requirement for an inde­ pendent evaluation report where— (a) a wine standards management plan is fully based on a template, model, or code of practice that the Director­ General considers to be valid and appropriate for the business concerned in accordance with section 8(2); or a wine standards management plan is a multi­business wine standards management plan approved by the Dir­ ector­General in accordance with section 15; or the risks to human health are negligible and the Dir­ ector­General is satisﬁed that the nature of the business does not require an independent evaluation report to en­ sure validity in terms of sections 8 and 14.
(b) (c) 22 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 19 (2) (3) 19 (1) The Director­General may require an applicant to supply fur­ ther information or other material before determining whether or not to register a wine standards management plan.

If the information or material is not supplied within 6 months of the date of the request, or within such further time as the Dir­ ector­General allows, the application for registration lapses.
Subsection (1A) was inserted, as from 15 December 2005, by section 3 Wine Amendment Act 2005 (2005 No 119).
Registration of wine standards management plans The Director­General must register a wine standards manage­ ment plan submitted by an applicant if satisﬁed that— (a) the content of the wine standards management plan— complies with the requirements imposed by or (i) under this Act; and ensures that, as far as practicable, the wine to be produced under the plan will be ﬁt for its intended purpose; and (ii) (b) (c) the applicant is a ﬁt and proper person to operate a wine business, taking into account whether the applicant or any directors or managers of the business concerned have been convicted, whether in New Zealand or over­ seas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of any wine business (whether in New Zealand or elsewhere); and the business, or its operator, is resident in New Zealand within the meaning of section OE 1 or section OE 2 of the Income Tax Act 1994.
(2) (3) (4) Registration may be subject to such reasonable conditions as the Director­General may specify, including conditions relat­ ing to the commencement of operations under the plan.

The Director­General must, as soon as practicable after regis­ tering a wine standards management plan, supply the applicant with— a notice of registration; and (a) a notice of any conditions imposed under subsection (2).
(b) If a person acting under the delegated authority of the Dir­ ector­General imposes any conditions under subsection (2), 23 Part 2 s 20 Wine Act 2003 Reprinted as at 3 September 2007 (5) 20 (1) the applicant may seek a review of the imposition of those con­ ditions under section 114.

Registration of a wine standards management plan under this section continues in force until the plan is deregistered under section 25 or its registration is surrendered under section 27.
Refusal to register wine standards management plan If, after considering an application and any further information or material supplied under section 18, the Director­General proposes to refuse to register a wine standards management plan, the Director­General must give the applicant— (a) a notice containing such particulars as will clearly in­ form the applicant of the grounds on which the Dir­ ector­General proposes to refuse to register the plan; and a reasonable opportunity to make written submissions or be heard in respect of the matter.
(b) (2) Where the Director­General ﬁnally determines to refuse to register a plan, the Director­General must as soon as practic­ able notify that fact to the applicant in writing, giving reasons.

If a person acting under the delegated authority of the Dir­ ector­General declines to register a wine standards manage­ ment plan, the applicant may seek a review of that decision under section 114.
(3) 21 (1) Registration may not be transferred The registration of a wine standards management plan applies only to the particular operator and premises or place speciﬁed in the register, and may not be transferred to a different oper­ ator or premises or place.
(2) Nothing in this section prevents— (a) the registration in the name of a new operator, or in re­ lation to new premises or a new place, of a wine stan­ dards management plan in substantially identical terms to those that applied to a former operator or premises or place; or 24 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 22 (b) the extension of a plan to the business or part­business of another person in accordance with an approval given under section 15.
(3) 22 (1) (2) (3) For the purposes of this section, the following circumstances will, except as otherwise speciﬁed by the Director­General by notice under section 120, be treated as involving a change in the operator of a wine standards management plan, and so re­ quire registration of a new plan rather than amendment of an existing registered plan: (a) a change in the members of a partnership (but not in members’ respective shares in the partnership): the death, bankruptcy, receivership, or liquidation of the operator of the plan.
(b) Signiﬁcant amendment of wine standards management plan The operator of a registered wine standards management plan must amend that plan, and apply for registration of the amend­ ment, where any change, event, or other matter means that the plan— (a) is no longer appropriate, or will no longer be appropri­ ate, to the wine, processes, or premises or place covered by the plan; or otherwise impacts, or will impact, on the ﬁtness for its intended purpose of the wine concerned or the content of the wine standards management plan.
(b) The operator must amend the plan, and apply for registration of the amendment, before the event where the operator knows of the change, event, or other matter in advance, and in all other cases must do so without unreasonable delay.

The operator of a wine standards management plan may at any time apply to the Director­General, in a manner approved by the Director­General and on payment of the prescribed fee (if any), for registration of an amendment to the plan.
(4) As soon as practicable after determining to register an amend­ ment, the Director­General must— (a) notify the applicant in writing accordingly; and 25 Part 2 s 23 Wine Act 2003 Reprinted as at 3 September 2007 (c) (b) where the amendment relates to future events or mat­ ters, specify the date or occasion on which the amend­ ment takes effect or will apply; and supply to both the applicant and the appropriate recog­ nised verifying agency a certiﬁed copy of the amend­ ment (or, where appropriate, of a redraft of the relevant part of the plan that incorporates the amendment); and (d) make an appropriate entry on the register of wine stan­ dards management plans.
(5) If the Director­General proposes to refuse to register an amendment, the Director­General must give the applicant— (a) a notice containing such particulars as will clearly in­ form the applicant of the grounds on which the Dir­ ector­General proposes to refuse to register the amend­ ment; and a reasonable opportunity to make written submissions or be heard in respect of the matter.
(b) (7) (6) Where the Director­General ﬁnally determines to refuse to register an amendment, the Director­General must as soon as practicable notify that fact to the applicant in writing, giving reasons.

If a person acting under the delegated authority of the Director­ General refuses to register an amendment, the applicant may seek a review of that decision under section 114.
The Director­General may, by notice under section 120, spe­ cify matters in relation to amendments to wine standards man­ agement plans, including— (a) (8) specifying the kinds of amendments that require regis­ tration and those that do not; and specifying any amount of notice that may be required in respect of events or matters of a kind known to the operator in advance that will require an amendment to a registered wine standards management plan.
(b) Updates of minor amendments to wine standards management plans For the purpose of ensuring that a registered wine standards management plan continues to comply with the requirements of section 14, every operator of a wine standards management 23 (1) 26 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 24 plan must from time to time notify the Director­General of all amendments to the wine standards management plan that— (a) are of such a nature as not to require registration under section 22; and have not been previously notiﬁed to the Director­Gen­ eral under this section.
(b) (2) Notiﬁcation of the amendments must— (a) (b) (c) (d) be made in a manner approved by the Director­General; and be made at such intervals as may be prescribed by regu­ lations made under this Act, or otherwise by notice by the Director­General under section 120; and contain such details and be accompanied by such other material (including declarations and evaluation reports, if required) as may be prescribed by regulations made under this Act or by notice by the Director­General under section 120; and be accompanied by the prescribed fee (if any).
(3) On being satisﬁed that the requirements of this section have been complied with, and that the registered wine standards management plan concerned continues to comply with the re­ quirements of section 14, the Director­General must register the fact that the plan has been updated under this section.

The Director­General may, by notice under section 120, spe­ cify matters for the purposes of this section.
(4) 24 (1) Suspension of operations under registered wine standards management plan The Director­General may at any time suspend any or all op­ erations under a registered wine standards management plan for a period of up to 3 months if the Director­General has rea­ sonable grounds to believe that— (a) (b) the plan may not be or is no longer effective; or the wine made under the plan does not meet or no longer meets the requirements of this Act.
(2) The Director­General may impose conditions and require­ ments in respect of the implementation and operation of a suspension under this section.
27 Part 2 s 24 Wine Act 2003 Reprinted as at 3 September 2007 (3) Where the Director­General suspends all or any operations under a wine standards management plan, he or she must give written notice of that fact to the operator of the plan, specify­ ing— (a) (b) (c) the reason for the suspension; and the period of the suspension; and the date on which or time at which it commences (which may not be earlier than the date or time of notiﬁcation); and the operations to which the suspension applies; and any conditions or requirements in relation to the suspen­ sion.
(d) (e) (4) (5) (6) If the Director­General considers it necessary in the circum­ stances, and after having notiﬁed the operator of the proposed extension and the reasons for it, and having given the operator a reasonable opportunity to be heard, the period of suspension may be extended once for such further period not exceeding 3 months as the Director­General notiﬁes to the operator in writ­ ing before the expiry of the original suspension.
The Director­General must notify the appropriate recognised verifying agency of a suspension under this section.

The Director­General may notify any suspension under this section in the Gazette.

(7) A suspension under this section does not affect any other ac­ tions that the Director­General may take under this Act.
(8) Where operations are suspended under this section, the Dir­ ector­General may direct the operator or person in charge to take action appropriate to deal with any affected wine, and may exercise any of his or her other powers.

If a person acting under the delegated authority of the Dir­ ector­General suspends any operations under this section, the operator of the wine standards management plan or of the busi­ ness concerned may seek a review of the suspension under sec­ tion 114.
(9) 28 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 25 25 (1) (2) Deregistration of wine standards management plan The Director­General may at any time remove a wine stan­ dards management plan from the register if the Director­Gen­ eral is satisﬁed that— (a) the Director­General would be justiﬁed under section 24 in suspending operations under the plan but, in light of repeated suspensions of operations under the wine standards management plan in the past under that sec­ tion, it would be more appropriate to deregister the plan; or there is or has been such a serious failure of operations or other matters under the plan as to cast doubt on the ﬁtness for its intended purpose of the wine produced under the plan; or whether by reason of the passage of time or changing circumstances, or for any other reason, the wine stan­ dards management plan no longer ensures the ﬁtness for its intended purpose of the wine under the plan; or the operator of the plan is no longer a ﬁt and proper person to operate or be responsible for the operation of a wine business, taking into account any conviction of the operator or any director or manager of the wine busi­ ness concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or else­ where) that are regulated under this Act; or if the business ceases to be a wine business.
(b) (c) (d) (e) The Director­General may not deregister a wine standards management plan under this section unless he or she has ﬁrst— (a) notiﬁed the operator of the plan (whether orally or in writing) of the intention to deregister and the reason for deregistration; and given the operator an opportunity to be heard.
(b) (3) Where the Director­General ﬁnally determines to deregister the Director­General a wine standards management plan, must— 29 Part 2 s 26 Wine Act 2003 Reprinted as at 3 September 2007 (a) (b) give written notice of that fact to the operator of the plan, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notiﬁcation); and notify the appropriate recognised verifying agency of that fact.
(5) (4) Where a wine standards management plan is deregistered under this section, the Director­General may direct the oper­ ator or person in charge to take action appropriate to deal with any affected wine and may exercise any of his or her other powers under section 59.

The Director­General may notify any deregistration under this section in the Gazette.

The deregistration of a wine standards management plan does not affect any other actions that the Director­General may take under this Act.
If a person acting under the delegated authority of the Director­ General deregisters a wine standards management plan under this section, the operator of the wine standards management plan or of the wine business concerned may seek a review of the deregistration under section 114.
(6) (7) Removal of wine business from coverage of wider wine standards management plan The Director­General may at any time remove any wine busi­ ness from the coverage of a registered wine standards manage­ ment plan that applies to 2 or more comparable businesses if the Director­General is satisﬁed that deregistration of the plan would be appropriate under section 25(1) if the business were the only one operating under the plan.
Subsections (2) to (7) of section 25 apply in relation to the removal of the business from the coverage of the wine stan­ dards management plan as if references in those subsections to deregistration of the plan were references to removal from the coverage of the plan.
26 (1) (2) 30 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 28 27 (1) Surrender of registration The operator of a registered wine standards management plan may at any time surrender registration of the plan by notice in writing to the Director­General.
(2) Where the operator or wine business concerned ceases to op­ erate as a wine business, that operator or wine business (or, where appropriate, the liquidator, receiver, executor, or other successor in title of the operator) must, within 20 working days of so ceasing,— (a) (b) notify the Director­General in writing of that fact; and surrender the notice of registration to the Director Gen­ eral; and notify the appropriate recognised verifying agency of that fact.
(c) (3) At the same time as notiﬁcation under subsection (1) or sub­ section (2), the operator or other relevant person must also no­ tify the Director­General of how it is proposed to deal with any remaining wine covered by the wine standards manage­ ment plan.

The Director­General may approve or agree to any such pro­ posal, but may also, if appropriate, exercise any of his or her powers under section 59.
(4) (5) On being notiﬁed of a surrender by an operator of a wine stan­ dards management plan under this section,— (a) the Director­General must record the surrender on the appropriate register; and the surrender takes effect from the date stated in the register.
(b) Miscellaneous matters 28 (1) Director­General to recognise agencies and persons to perform veriﬁcation functions in respect of wine standards management plans For the purposes of this Part, the Director­General must, in accordance with sections 69 to 82,— (a) recognise persons and bodies as agencies who may be engaged to be responsible for the performance of veri­ 31 Part 2 s 29 Wine Act 2003 Reprinted as at 3 September 2007 (b) ﬁcation functions and activities in relation to wine stan­ dards management plans; and recognise individuals as persons who may undertake the performance of veriﬁcation functions and activities in relation to wine standards management plans.
The Director­General may, whether generally or in any particular case or class of case, by notice under section 120, require any recognised verifying agency to notify the Director­General of the termination of any contractual ar­ rangement with the operator of a wine standards management plan for the provision of veriﬁcation functions and activities.
In any such case, the recognised verifying agency must notify the Director­General in writing of the termination as soon as practicable, and in no case later than 7 days after its occur­ rence.
(2) (3) 29 Wine standards management plan in conﬂict with regulations or notices If there is any conﬂict between the requirements of a registered wine standards management plan and those of any regulations or notices made under this Act, whether by reason of a failure to amend or update the plan to reﬂect any new requirements or otherwise, the requirements of the regulations or notices prevail.
Subpart 2—Wine standards and speciﬁcations Outline of subpart 2 This subpart provides for— (a) the setting of standards that must be met by any wine intended for trade or export; and the setting of speciﬁcations that may be necessary or desirable to enable those standards to be met.
(b) Application of standards and speciﬁcations Standards and speciﬁcations set under this subpart may apply in respect of any class, kind, or description of wine, person or business, process or operation, equipment or other 30 31 32 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 33 thing, premises or place, or area, and may apply regardless of whether or not a wine standards management plan is in place or is required in respect of the relevant wine, person or business, process or operation, premises or place, or area.
Application to wine products Standards and speciﬁcations set under this subpart may apply to wine products that are made or required to be made under a registered wine standards management plan pursuant to sec­ tion 10(1)(a) or section 12 as if they were wine, and, for this purpose, in this subpart wine includes wine products.
Regulations may prescribe standards Regulations may be made under section 119, on the recom­ mendation of the Minister, that prescribe— (a) (b) standards in relation to wine identity and label integrity: safety and hygiene standards for wine.
32 33 (1) (2) Without limiting the generality of subsection (1), standards may be prescribed in relation to the following matters: (a) the identiﬁcation and labelling of wine, including pre­ scribing minimum percentages of inputs required to label or identify wine in terms of its vintage, variety, and country or area of origin: the keeping of records and the provision of returns to the Director­General in relation to wine and the making of wine, as a means of ensuring the truthfulness and integrity of labelling of wine, and the safety of wine: the imposition of prohibitions, limitations, or require­ ments in relation to hazards or substances in a wine and the hygiene of all materials, substances, and equipment used in making wine.
(b) (c) (3) A standard may authorise or provide for matters of detail to be speciﬁed by the Director­General.

(4) A standard may apply generally or in respect of 1 or more of the following: (a) any speciﬁed wine, person or business, activity, or re­ lated matter or thing: any speciﬁed class or classes of wine, person or busi­ ness, activity, or related matter or thing.
(b) 33 Part 2 s 34 Wine Act 2003 Reprinted as at 3 September 2007 (5) Without limiting the generality of subsection (4), a class of wine, person or business, activity, or related matter or thing may be deﬁned by reference to— (a) (b) the class, kind, or description of wine; or a particular variety or blend of varieties of commodity; or the premises or place, area, or locality in which the rele­ vant wine is made or dealt with, or from which its com­ ponents or other additives are derived; or any other relevant factors.
(c) (d) (6) No standard may be prescribed that conﬂicts with any New Zealand food standard.

(7) No prescribed standard may be held invalid merely because it— (a) (b) confers any discretion on, or allows any matter to be determined or approved by, the Minister, the Director­ General, or any wine ofﬁcer; or allows the Minister, the Director­General, or any other person to impose requirements as to the performance of any activities.
Prerequisites for prescribing standards In recommending the prescribing of standards under section 33, the Minister must have regard to— (a) the desirability of maintaining consistency between New Zealand wine standards and any relevant stan­ dards, requirements, or recommended practices that apply or are accepted internationally: the desirability of maintaining consistency with New Zealand’s international obligations: the desirability of facilitating access to overseas mar­ kets: the need to protect the health of consumers of wine: such other matters as the Minister considers relevant.
(d) (e) The Minister may not recommend the prescribing of any wine standard unless the Minister is satisﬁed that appropriate con­ sultation has been carried out in accordance with section 115.
(b) (c) 34 (1) (2) 34 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 37 35 (1) (2) 36 Director­General may issue speciﬁcations supplementary to wine standards The Director­General may from time to time, by notice under section 120, set speciﬁcations and other detailed requirements that— (a) are speciﬁed or contemplated by or necessary to give effect to any prescribed standard; or are necessary or desirable to amplify the manner in which any such standard may or must be achieved.
(b) The Director­General may set speciﬁcations under this sec­ tion only after having regard to the matters speciﬁed in section 34(1) and after appropriate consultation earned out in accord­ ance with section 115.
Subpart 3—Export of wine Object of subpart 3 The object of this subpart is to facilitate the access of wine to overseas markets for New Zealand exporters by— (a) providing that the requirements of foreign governments, being requirements recognised by New Zealand, are available to, and met by, exporters and others; and providing for requirements and systems to be satisﬁed and maintained to enable conﬁdence in the issuing of assurances that are required by foreign governments for wine; and providing for the setting of export eligibility require­ ments for wine, including processes for demonstrating compliance with those requirements in order to ensure that the reputation of New Zealand wine is not preju­ diced; and in the case of wine for which no export eligibility re­ quirements are set, providing for the registration of ex­ porters of that wine.
(b) (c) (d) Prerequisites for export 37 (1) No person may export wine from New Zealand unless— (a) in the case of wine that requires an ofﬁcial assurance that the wine meets relevant overseas market access 35 Part 2 s 38 Wine Act 2003 Reprinted as at 3 September 2007 (b) requirements notiﬁed or made available under section 41, the appropriate ofﬁcial assurance has been obtained; and either— (i) in the case of wine to which export eligibility re­ quirements set under section 38 apply, compli­ ance with those requirements has been demon­ strated; or in the case of wine to which export eligibility re­ quirements do not apply, the person is registered as an exporter under section 49.
(ii) (2) 38 (1) (2) (3) Subsection (1) does not apply to any consignment of wine to the extent it is exempted from the relevant requirements under section 39 or under regulations made under this Act.

Export eligibility requirements The purpose of export eligibility requirements is to protect the reputation of New Zealand wine.
The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations setting out requirements that must be met for wine to be eligible for export from New Zealand.

The export eligibility requirements may apply to all wines, or to 1 or more classes, kinds, or descriptions of wine.
(4) Without limiting the generality of subsection (2), the regula­ tions setting export eligibility requirements may— (a) prohibit the export of wine with an obvious fault (whether due to oxidation, tainting with extraneous ﬂavours, or other fault): prescribe processes for demonstrating compliance with the export eligibility requirements, whether by way of analysis or assessment of samples or certiﬁcation by recognised agencies or recognised persons or other­ wise: allow for matters of detail to be speciﬁed by notice under section 120.
(b) (c) 36 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 39 (5) (6) 39 (1) (2) The Minister may recommend the making of regulations set­ ting export eligibility requirements under this section only af­ ter appropriate consultation in accordance with section 115.

The Director­General may issue an export eligibility certiﬁ­ cate for any wine if satisﬁed that the relevant export eligibility requirements have been met for that wine.
Exemption of certain consignments The Director­General may, by notice under section 120, ex­ empt from all or any of the requirements of this subpart any particular consignment or wine or person, or any particular class or description of consignments or wine or persons, if the Director­General is satisﬁed that the consignment or wine to be exported is— (a) to be used for the purposes of research or development; or to be used as a trade sample or otherwise to assess any overseas market for the initial development of that mar­ ket; or for the personal use or other non­commercial use of the person travelling with the consignment; or (b) (c) (d) wine for consumption during transit as a passenger or crew by sea or air on a vessel or aircraft leaving New Zealand; or of a kind that may be exempted by the Director­General in accordance with any order or regulations made under this Act.
(e) Regulations made under section 119 may— (a) exempt from all or any of the requirements of this sub­ part any class or description of consignments or wine or persons, having regard to the matters speciﬁed in sub­ section (1)(a) to (d): authorise the Director­General to grant individual ex­ emptions in accordance with any conditions set out in the regulations.

(b) (3) An exemption under this section is subject to any conditions set out in the notice or regulations.
37 Part 2 s 40 Wine Act 2003 Reprinted as at 3 September 2007 Duties of exporters It is the duty of every exporter of wine to which this subpart applies— (a) to ensure that their operations as an exporter do not contravene any relevant requirement of or under this Act; and to export only wine that meets— (i) (ii) the relevant standards and speciﬁcations; and the relevant overseas market access requirements notiﬁed or made available by the Director­Gen­ eral under section 41; and (b) (c) to notify the Director­General as soon as possible, and in any case not later than 24 hours after the event or ﬁrst knowledge of the event, of the event and what actions (if any) have been taken in respect of the event in any case where wine exported by the exporter— (i) is not ﬁt, or is no longer ﬁt, for its intended pur­ pose; or is refused entry by the foreign government con­ cerned; or does not meet or no longer meets the relevant overseas market access requirements as notiﬁed or made available by the Director­General under section 41; or does not have, or no longer has, the required of­ ﬁcial assurances; and (ii) (iii) (iv) (d) (e) to maintain procedures and processes to demonstrate that the record­keeping requirements of and under this Act in relation to the provenance and processing of the wine exported by the exporter are being complied with; and in the case where the wine is subject to export eligibility requirements, to ensure that they only export wine that has been shown to comply with those requirements.
40 38 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 42 41 (1) (2) Market access requirements and ofﬁcial assurances to foreign governments Director­General to notify or make available access requirements for overseas markets The Director­General must— (a) either notify or ensure that there is made available to ex­ porters and winemakers known to the Director­General any particular access requirements for overseas markets that New Zealand has recognised; and (b) make those requirements available for inspection free of charge, or for purchase at reasonable cost, to exporters and winemakers.
The Director­General may, where the Director­General con­ siders it necessary or desirable, by notice under section 120, issue speciﬁcations that set out the manner in which the access requirements may or must be met, and must notify or make the speciﬁcations available in the same way as requirements are notiﬁed or made available under subsection (1).
(3) Nothing in subsection (1) prevents the Director­General from— (a) (b) charging for access to any website, or for information or services provided by any website; or in the case of overseas market access requirements that are commercially sensitive, limiting access to those re­ quirements to persons who satisfy the Director­General that their speciﬁc export or processing activities cannot be properly undertaken under this Act unless they have that access.
42 (1) Director­General may issue ofﬁcial assurances For the purposes of meeting the overseas market access requirements of any foreign government that are notiﬁed or made available by the Director­General under section 41 in respect of any wine to be exported, the Director­General, or a person authorised by the Director­General under section 46, may, in appropriate cases, issue an ofﬁcial assurance in respect of that wine if satisﬁed that the relevant requirements of the importing country have been met.
39 Part 2 s 43 Wine Act 2003 Reprinted as at 3 September 2007 (2) Without limiting the matters to which an ofﬁcial assurance may apply, an ofﬁcial assurance is a statement to a foreign gov­ ernment, or an agent of a foreign government, attesting that, as appropriate, any 1 or more of the following applies in respect of any wine: (a) any speciﬁed process has been completed under this Act with respect to the wine concerned: the wine concerned meets the standards and speciﬁca­ tions set under subpart 2 of Part 2 and any relevant New Zealand food standards for that wine: any overseas market access requirements of any foreign government that are recognised by New Zealand, and that are stated in the assurance, have been met by the system under which the wine was made: the situation in New Zealand, in relation to any matter concerning wine, is as stated in the assurance.
(b) (c) (d) (b) (3) An ofﬁcial assurance is not a guarantee that the contents of all or any of a particular consignment of wine to which it relates— necessarily meet the commercial requirements of the (a) importer; or are ﬁt for the intended purpose of the wine no mat­ ter what the status or description of the consumer, or what has happened to the consignment since it left New Zealand; or are ﬁt for a purpose other than that for which they were intended.
(c) (4) The Crown is not liable to any person in respect of the pro­ vision of any ofﬁcial assurance given in good faith and with reasonable care as to the compliance of wine with the require­ ments of an importing country.

Form and content of ofﬁcial assurance 43 (1) An ofﬁcial assurance may be in the form of a certiﬁcate or declaration or in such other form as may be determined by the Director­General.
(2) An ofﬁcial assurance may relate to— (a) (b) (c) one or more consignments of wine; or one or more makers or exporters of wine; or one or more export destinations; or 40 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 46 (d) any combination of the above.

(3) An ofﬁcial assurance may be communicated to its appropri­ ate destination by writing, fax, electronic means, or any other form of communication that is accurate, clear, and veriﬁable.
The Director­General may issue notices under section 120 that set out requirements and procedures for the issue and control of ofﬁcial assurances.

(4) Obtaining of ofﬁcial assurance 44 (1) A person who wishes to obtain an ofﬁcial assurance in respect of any wine for export may apply in a manner approved by the Director­General, and must— (a) (b) The Director­General must not issue an ofﬁcial assurance un­ less satisﬁed that the information obtained from the applicant justiﬁes the giving of the assurance.
supply such information as is required; and pay any relevant fee.

(2) Ofﬁcial assurance may be withdrawn, and reissued 45 (1) An ofﬁcial assurance may be withdrawn by the Director­Gen­ eral or other authorised person if the Director­General or per­ son is satisﬁed that— (a) the assurance was incorrectly or inappropriately given; or events or circumstances occurring since the assurance was given mean that it no longer holds true, or is mis­ leading.
(b) (2) 46 The Director­General or person authorised by the Director­ General may, on application in a manner approved by the Dir­ ector­General, and on payment of any fee required under sub­ part 2 of Part 3, reissue the ofﬁcial assurance (with any modi­ ﬁcations, if appropriate) as a new ofﬁcial assurance.
Persons who may be authorised to issue ofﬁcial assurances The Director­General may designate 1 or more persons em­ ployed within the Ministry as authorised persons who may issue ofﬁcial assurances for the purposes of this subpart.
41 Part 2 s 47 Wine Act 2003 Reprinted as at 3 September 2007 Registration of exporters Register of exporters The Director­General must keep and maintain a register of ex­ porters that records persons authorised under this subpart to export wine to which the export eligibility requirements do not apply.
The purpose of the register is— (a) to enable members of the public, including persons and businesses operating under this Act, to know who is authorised to export wine of a kind that is not subject to export eligibility requirements; and to facilitate the ability of the Director­General to— (i) (b) (ii) (iii) ensure that all exported wine is ﬁt for its intended purpose: advise exporters of overseas market access re­ quirements, and of developments in market ac­ cess issues: to safeguard ofﬁcial assurances for entry of wine into overseas markets, including in emergency situations; and (c) to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
The register of exporters must contain the following particu­ lars in relation to each exporter: (a) the name and address (including the electronic address, if available) of— the exporter; and (i) (ii) if appropriate, the exporter’s New Zealand agent: the date on which the exporter was registered, and the date of expiry of that registration: the date of any deregistration under section 52: such other particulars as may be prescribed by or under this Act.
(b) (c) (d) The Director­General must— (a) keep the register open for public inspection, free of charge, at all reasonable hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines as necessary or appropriate; and 47 (1) (2) (3) (4) 42 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 48 (b) supply to any person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
(5) The register may be kept in such manner as the Director­Gen­ eral thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) that records or stores information electronically or by other means; and that permits the information so recorded to be readily inspected or reproduced in usable form; and that permits the information in the register to be ac­ cessed by electronic means, including (without limita­ tion) by means of remote log­on access.
(b) (c) Applications for registration as exporter 48 (1) A person who intends to export any wine (other than wine to which export eligibility requirements apply, or wine exempted under section 39 or by regulations under this Act) must apply to the Director­General, in a manner approved by the Director­ General, for registration on the register of exporters.
(2) On receipt of a properly made application accompanied by the prescribed fee (if any), the Director­General must register the applicant as an exporter unless the Director­General considers that— (a) the applicant is not a ﬁt and proper person to be regis­ tered as an exporter, having regard to any conviction of the applicant or any director or manager of the appli­ cant, whether in New Zealand or overseas, for any of­ fence relating to fraud or dishonesty, or relating to man­ agement control or business activities in respect of wine businesses (whether in New Zealand or elsewhere); or there has in the past been a serious or repeated failure by the applicant to comply with duties of the type speciﬁed in section 40; or there are other good grounds for considering that the applicant is likely in the future to fail to comply with the duties speciﬁed in section 40; or subsection (3) applies to disqualify the person.
(3) No person may be registered as an exporter unless— (b) (d) (c) 43 Part 2 s 49 Wine Act 2003 Reprinted as at 3 September 2007 (4) (5) 49 50 (1) (a) (b) they area New Zealand resident within the meaning of section OE 1 or section OE 2 of the Income Tax Act 1994; or they have an agent who is a New Zealand resident within the meaning of those sections.
For the purpose of assessing the matters speciﬁed in subsection (2), the Director­General may require an applicant to supply information additional to that contained in the application.

If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director­ General may allow, the application lapses.
Registration as exporter Where the Director­General determines to register an appli­ cant as an exporter, the Director­General must— (a) register the person as an exporter on the register, show­ ing the date of registration; and notify the person in writing accordingly.
(b) Refusal to register exporter If the Director­General proposes to refuse to register a person as an exporter, the Director­General must give the applicant— a notice containing such particulars as will clearly in­ (a) form the applicant of the substance of the grounds on which the Director­General proposes to refuse to regis­ ter the applicant; and a copy of any information on which the Director­Gen­ eral relies in proposing to refuse to register the appli­ cant; and a reasonable opportunity to make written submissions or be heard in respect of the matter.
(b) (c) (2) Where the Director­General ﬁnally determines to refuse to register a person as an exporter, the Director­General must as soon as practicable notify the person, in writing, of (a) (b) the decision; and the reasons for the decision, and the facts or assump­ tions on which it is based.
44 Reprinted as at 3 September 2007 Wine Act 2003 Part 2 s 52 51 (1) Registration fee payable Every registered exporter is liable to pay, either annually or at such greater interval as may be prescribed, the prescribed fee (if any) in respect of their conﬁrmed registration.

(2) Any failure to pay the fee by the due date that persists for more than 20 working days may result in deregistration under section 52.
52 (1) (2) Deregistration of exporters The Director­General may at any time remove a person from the register of exporters if satisﬁed that— (a) there has been a serious or repeated failure by the reg­ istered exporter to comply with the duties speciﬁed in section 40; or the person is disqualiﬁed from being registered as an exporter by virtue of section 48, or is not a ﬁt and proper person to be registered as an exporter having re­ gard to any conviction of a kind referred to in section 48(2) that— (i) arose after the person’s registration as an ex­ porter; or ﬁrst came to the attention of the Director­General after the person’s registration as an exporter; or any failure to pay the annual fee or other fee prescribed under section 51 by the due date has persisted for more than 20 working days.
(ii) (b) (c) Before removing a person from the register, the Director­Gen­ eral must— (a) notify the person in writing of his or her intention, giv­ ing the reasons for that intention and the facts and as­ sumptions on which it is based; and give the person a reasonable opportunity, within the time speciﬁed in the written notice, to provide evi­ dence, information, and submissions as to why the person should not be removed from the register.
(b) (3) Where the Director­General considers it urgently necessary in the interests of human health, or the integrity or reputation of New Zealand exports,— 45 Part 2 s 53 Wine Act 2003 Reprinted as at 3 September 2007 (a) (b) (c) the Director­General may direct the exporter to suspend all export operations, or such operations as the Director­ General may specify, pending a ﬁnal determination as to whether the exporter should be deregistered, and may also give such directions under section 59 as appear to the Director­General to be reasonable in relation to any wine under the control of the exporter at the time the direction is given; and any such direction takes effect from the date of the no­ tiﬁcation under subsection (2), or such later date as the Director­General speciﬁes; and the exporter must comply with the direction.
(4) After considering the material (if any) supplied by a person under subsection (2)(b), the Director­General must— (a) make a ﬁnal decision as to whether or not to remove the (b) person from the register; and as soon as practicable, notify the person of the decision in writing, giving reasons and the facts or assumptions on which the decision is based in the case of an un­ favourable decision.
Surrender of registration 53 (1) A registered exporter may at any time surrender registration by notice in writing to the Director­General.

The Director­General must record the surrender on the register of exporters, and the surrender takes effect from the date stated in the register.
Refusal to register or decision to deregister may be reviewed in certain cases If a person acting under the delegated authority of the Dir­ ector­General refuses an application to register a person as an exporter, or deregisters the person, the person may seek a re­ view of that decision under section 114.
(2) 54 46 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 57 Part 3 Ofﬁcers, cost recovery, etc Subpart 1—Ofﬁcers, powers, and persons with specialist functions Appointment of ofﬁcers 55 Wine ofﬁcers (1) The Director­General may from time to time appoint persons as wine ofﬁcers for the purposes of this Act.

Persons appointed under subsection (1) must be employed under the State Sector Act 1988.
(2) (3) A wine ofﬁcer may be authorised, on his or her appointment, to exercise and perform all of the powers and functions con­ ferred on wine ofﬁcers under this Act, or only those powers and functions speciﬁed in the ofﬁcer’s instrument of appoint­ ment or subsequent written notice from the Director­General to the ofﬁcer.

56 57 (1) (2) Powers of Director­General Director­General may issue notices The Director­General may from time to time issue notices as speciﬁed in section 120.
Director­General may give directions The Director­General may, by notice in writing, give direc­ tions to any or all wine ofﬁcers, recognised persons, or recog­ nised agencies as to the exercise of their functions under this Act.
The Director­General may, by notice in writing, give such di­ rections to the following persons as may be appropriate and reasonable concerning the taking of preventative or corrective action in respect of wine that the Director­General cannot be reasonably satisﬁed will meet the requirements of this Act in the absence of such action: (a) any operator or person in charge of a wine standards management plan: any operator or person in charge of a wine business sub­ ject to this Act: (b) 47 Part 3 s 58 Wine Act 2003 Reprinted as at 3 September 2007 (c) (d) (e) any exporter: any person in control of, or reasonably appearing to be in control of, any wine, including a transporter, retailer, or storeperson: any producer or transporter of a commodity.
58 (1) Recall of wine The Director­General may, for the purpose of examining, re­ classifying, rectifying, or disposing of any wine that is not ﬁt for its intended purpose or that he or she has good reason to believe is not ﬁt for its intended purpose, or that is mislabelled or incorrectly identiﬁed, issue a notice in writing directing the recall of that wine and requiring the wine to be taken to a place speciﬁed in the notice, or a place agreed to between the Dir­ ector­General and the recipient of the notice.
(2) A notice under this section (a recall notice) may also specify any requirements that may be imposed under section 59.

(3) A recall notice may be directed to any 1 or more persons who own or have control over the wine in question.
(4) On receipt of a recall notice, the person on whom it is served must as soon as practicable— (a) (b) advise the Director­General of the details of the manner in which the notice is to be complied with; and give written notice to the Director­General when the recall, and any speciﬁed requirement associated with the recall, has been completed.
(5) If a person who owns or has control of the wine fails or refuses to comply with a recall notice, the Director­General may— (a) take any reasonable steps necessary to ensure control of the wine (including entry by wine ofﬁcers into premises under a warrant); and recover the costs and expenses reasonably incurred in assuming control of the wine as a debt due from that person.
(b) (6) Nothing in this section affects the power of the Director­Gen­ eral to issue a statement of a kind referred to in section 60.
48 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 59 59 (1) (2) (f) (e) (c) (b) (d) Power to direct disposal, etc, of wine in certain circumstances This section applies in relation to a situation where the Dir­ ector­General— (a) suspends operations under a registered wine standards management plan in accordance with section 24; or deregisters a wine standards management plan in ac­ cordance with section 25; or removes a wine business from the coverage of a reg­ istered wine standards management plan under section 26; or accepts a surrender of registration under section 27, in circumstances where no agreement has been reached on how it is proposed to deal with any remaining wine covered by the wine standards management plan; or suspends export operations of an exporter in accordance with section 52(3); or has reasonable grounds to believe that a person who is required to be registered as an exporter under subpart 3 of Part 2 is exporting, has exported, or is about to export wine without being so registered; or has reasonable grounds to believe that a person is ex­ porting, has exported, or is about to export wine that does not meet relevant export eligibility requirements.
In a situation to which this section applies, the Director­Gen­ eral may, whether immediately before, at the same time as, or after taking any relevant action referred to in subsection (1)— give directions to the relevant operator, person in (a) charge (or person who reasonably appears to be in charge), owner of the wine, or exporter, or any of them, on the handling, storage, further processing, transport, identiﬁcation, classiﬁcation, reclassiﬁcation, veriﬁca­ tion, condemnation, destruction, or disposal of the wine affected by the deregistration, surrender, suspension, or failure to register; and if the directions are not complied with, undertake the ap­ propriate directed activities himself or herself (through wine ofﬁcers or other Ministry ofﬁcers or employees) in relation to the affected wine.
(b) (g) 49 Part 3 s 60 Wine Act 2003 Reprinted as at 3 September 2007 (3) 60 (1) (2) 61 The Director­General may recover all actual and reasonable costs of any activities undertaken under subsection (2)(b) from the person to whom the direction in question was given under subsection (2)(a) and who failed to comply with the direction.
Statements by Director­General The Director­General may from time to time, for the purpose of protecting or informing the public, publish under this sec­ tion statements relating to any wine.

The Director­General is protected from civil liability for a statement published under this section, unless the statement was not made in good faith or was made recklessly.
Delegations by Director­General The Director­General may delegate under section 41 of the State Sector Act 1988 all or any of his or her functions, powers, or duties under this Act, except the power to issue statements under section 60.
Powers of wine ofﬁcers Power of entry 62 (1) A wine ofﬁcer may at any reasonable time, for the purpose of determining whether or not any person is complying with this Act, or any requirements made under this Act, or whether any wine is in compliance with the requirements of this Act or any requirements made under this Act, without a warrant enter any place (other than a dwellinghouse or marae) at, in, or from which— (a) any winemaker operates, or any business that is subject to a wine standards management plan or that processes or sells food that is or includes wine, is operated; or any exporter operates; or any recognised agency or recognised person operates; or the books or records, or other business information kept in writing or electronic form, of any such winemaker, wine business, exporter, recognised agency, or recog­ nised person, are kept.
(b) (c) (d) 50 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 63 (2) A wine ofﬁcer may, pursuant to and in accordance with the conditions of a search warrant issued under section 65, enter any place (including a dwellinghouse or a marae) speciﬁed in the warrant, at any time that is reasonable in the circumstances.
(3) An ofﬁcer who exercises any power under this section must produce his or her evidence of appointment as a wine ofﬁcer, together with evidence of his or her identity,— (a) (b) whenever subsequently reasonably required to do so by a person appearing to have charge of the place or any part of the place.

on ﬁrst entering the place; and (4) A person called on to assist a wine ofﬁcer under section 66(2) may accompany the ofﬁcer into any premises or place that the ofﬁcer enters under this section.
Power to examine, etc 63 (1) A wine ofﬁcer may, so far as is reasonably necessary for the purpose of determining compliance with this Act or any re­ quirements made under this Act at any place that the ofﬁcer may enter under section 62,— (a) (b) examine all things, and open containers, packages, and other things to inspect their contents: examine, inquire about, and copy any documents or other records (including records held in electronic or other form) relating to the obligations and duties under this Act, and for this purpose may— (i) remove documents or records to another place for the purpose of copying them; and require a person who has control of or knowledge of the documents or records to reproduce or as­ sist in reproducing in usable form information recorded or stored in a computer or other device or system: (ii) (c) (d) use or require the use of any reasonable means to iden­ tify the kind or description of any wine, equipment, package, container, or other relevant thing: identify or mark any wine, equipment, package, con­ tainer, or other relevant thing: 51 Part 3 s 64 Wine Act 2003 Reprinted as at 3 September 2007 (e) (f) take samples of any wine, or any other input, substance, or thing that has been, is, or may be in contact with, or in the vicinity of, any wine, and test or analyse or arrange for the testing or analysis of the samples: direct the operator or person in charge of the place to identify and hold any wine, substance, equipment, package, container, or other relevant thing until— (i) the results of tests and analysis have been as­ sessed; or any lawful direction of a wine ofﬁcer has been complied with.
(ii) (2) A wine ofﬁcer must return any documents or records removed under subsection (1)(b)(i) within such time as is reasonable to allow for their copying.

(3) A wine ofﬁcer may call on any person to assist him or her in the exercise of his or her powers under this section.

Any such person may act only under the supervision and in accordance with the instructions of the wine ofﬁcer.
64 (1) Power to interrupt operations, etc For the purposes of determining or ensuring the compliance of wine with the requirements of this Act or any requirements made under this Act, a wine ofﬁcer may— (a) interrupt any operations involved in the making or ex­ port of any wine: restrict or prohibit the use of any process, product, sub­ stance, equipment, or other relevant thing: direct the operator or the person in charge of the relevant operations to do any reasonable thing, at the cost of the operator.
(b) (c) (2) Where practicable in all the circumstances, the wine ofﬁcer must consult with the operator or person in charge of the op­ erations before exercising any powers under this section.
Issue of search warrant 65 (1) Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1, in respect of any place (including any dwellinghouse or marae), if satisﬁed, on application in writing 52 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 66 made on oath, that there are reasonable grounds for believing that there is at that place any thing— (a) in respect of which an offence under this Act has been or is being committed; or that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or that is or may be evidence of the commission of an of­ fence under this Act by any person.
(b) (c) (2) The Judge, Community Magistrate, Justice, or Registrar may impose such reasonable conditions on the exercise of the war­ rant as he or she thinks ﬁt.

(3) A search warrant must be directed to a member of the police by name, or to every member of the police, or to a wine ofﬁcer by name, but, in any of these cases, the warrant may be executed by any member of the police.
66 (1) Powers of police and wine ofﬁcers under warrant Subject to any conditions imposed on the warrant, a search warrant authorises the member of the police or wine ofﬁcer who is executing it, and any person called on by that member or ofﬁcer to assist,— (a) (b) (c) to enter the place, dwellinghouse, or marae on 1 occa­ sion within 14 days after the date of the issue of the war­ rant at any time that is reasonable in the circumstances; and to use such force as is reasonable in the circumstances, both for making entry and for breaking open anything on the premises; and to search for and seize— (i) any wine, substance, equipment, or other thing that the member or ofﬁcer has reasonable grounds to suspect has been used or is to be used in, or evidences the commission of, an offence under this Act: any documents or records (including documents and records in electronic or other form) that the ofﬁcer has reasonable grounds to suspect may (ii) 53 Part 3 s 67 Wine Act 2003 Reprinted as at 3 September 2007 (d) (e) provide evidence of the commission of an of­ fence under this Act; and to take any photographs, and make any drawings or other representations of any wine, structure, substance, equipment, container, packaging, label, or other thing, if the member or ofﬁcer has reasonable grounds to sus­ pect that object or thing in question is in breach of any requirement to this Act; and to exercise all of the powers of a wine ofﬁcer under sections 63 and 64, or only such of those powers as are speciﬁed in the warrant.
(2) Where the place, dwellinghouse, or marae is occupied at the time, the member of police or wine ofﬁcer must, before using any force for the purpose of making entry under subsection (1)(b), warn the occupant of the intention to use force if the occupant obstructs entry.

(3) A member of the police must be present if the search warrant is executed at a dwellinghouse or marae.

(4) A member of the police or a wine ofﬁcer may call on any per­ son to assist him or her in the execution of a search warrant.
Such a person may act only under the supervision and in ac­ cordance with the instructions of the member of the police or wine ofﬁcer.
Requirements when executing warrant 67 (1) Any member of the police or wine ofﬁcer who executes a search warrant must carry the warrant with him or her, and produce it for inspection, along with evidence of his or her identity,— (a) on ﬁrst entering the place speciﬁed in the warrant, to the person appearing to be in charge of the place; and (b) whenever subsequently reasonably required to do so, at the place speciﬁed in the warrant, by any other person appearing to be in charge of the place or any part of the place.
If the occupier of the place is not present at the time the search warrant is executed, the member of the police or wine ofﬁcer must leave in a prominent location at the place a written state­ ment of the time and date of the search, the name of the mem­ (2) 54 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 68 (3) ber of the police or wine ofﬁcer, and the address of the police station or other ofﬁce to which enquiries should be made.
If anything is seized in the execution of a search warrant, the member of the police or wine ofﬁcer executing the search war­ rant must leave in a prominent location at the place, or deliver or send by registered mail to the occupier within 10 working days after the search, a written inventory of all things seized.
(4) A member of the police or wine ofﬁcer who is exercising a power of entry in relation to a marae or a building associated with a marae must have regard to the kawa of the marae so far as is practicable in the circumstances.
68 Disposal of property seized under search warrant Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a member of the police under a search warrant and, with any necessary modiﬁcations, to property seized under a search warrant by a wine ofﬁcer, subject to the following provisions: (a) (b) (c) (d) if a member of the police seized the item in question, it may be retained by the Commissioner of Police pending the trial of the person for the offence in respect of which the item was seized: if a wine ofﬁcer seized the item in question, it may be retained by the Director­General pending the trial of the person for the offence in respect of which the item was seized: the item in question must be returned to the person from whom it was seized— (i) if no proceedings are taken in respect of an of­ fence to which the item relates within 2 years af­ ter its seizure; or if proceedings are completed in respect of such an offence and no order of forfeiture is made in respect of the item: (ii) if any person is convicted of an offence to which the item relates, the Court may, if it thinks ﬁt, order that the item be forfeited to the Crown or disposed of as the Court directs at the expense of the convicted person, and may order that the person pay any reasonable costs 55 Part 3 s 69 Wine Act 2003 Reprinted as at 3 September 2007 incurred by the Commissioner of Police or the Director­ General in retaining the item.
Recognised agencies and persons 69 (1) (2) Director­General may recognise agencies that may be responsible for veriﬁcation and other specialist functions The Director­General may, on the application of any person or body, recognise that person or body as an agency that may be responsible for the veriﬁcation functions and activities or other specialist functions and activities for the purposes of this Act.
Before granting recognition, the Director­General must be sat­ isﬁed that the applicant is a ﬁt and proper person to manage and supply the particular functions and activities concerned, having regard to— (a) the competencies and resources of the applicant to reli­ ably meet and maintain the speciﬁed functions and ac­ tivities for which the applicant is to be recognised under this section; and the character or reputation of the applicant, including, where appropriate, the character or reputation of the dir­ ectors of the applicant or those responsible for its man­ agement or control; and the ability of the applicant to maintain an appropriate degree of impartiality and independence in relation to the relevant functions and activities; and the requirements of any regulations and speciﬁcations made under this Act.
(b) (c) (d) (3) Without limiting the generality of subsection (1), the func­ tions and activities for which an agency may be recognised include— (a) veriﬁcation functions and activities in relation to wine standards management plans: other veriﬁcation functions and activities in relation to export requirements: the provision of independent evaluations of the validity of wine standards management plans for the purposes of section 18(1)(b): (b) (c) 56 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 70 (d) (e) (f) functions and activities in relation to the testing, sam­ pling, and chemical or biological or other analysis of wine: functions and activities in relation to export eligibility requirements: any other function or activity involving particular com­ petencies that may be required for the purposes of this Act.
(4) For the purposes of this Act, the Ministry, or any group of persons within the Ministry designated by the Director­Gen­ eral for the purpose, may be treated, without application being made, as a recognised agency, and this section and sections 71 to 82 apply accordingly with any necessary modiﬁcations.

(5) Nothing in this Act prevents a suitably qualiﬁed natural person from applying for, and being granted, recognition as both a recognised agency and a recognised person.
Subsection (3)(c) was amended, as from 15 December 2005, by section 4 Wine Amendment Act 2005 (2005 No 119) by substituting the expression “section 18(1)(b)” for the expression “section 18(2)(b)”.
70 (1) (2) Director­General may recognise persons to carry out veriﬁcation or other specialist functions The Director­General may, on the application of any person who is an individual, recognise that person to carry out veriﬁ­ cation functions and activities or other specialist functions and activities for the purposes of this Act.
Before granting recognition, the Director­General must be sat­ isﬁed that the applicant is a ﬁt and proper person to carry out the particular functions and activities concerned, having re­ gard to— (a) (b) (c) the relevant competencies possessed by the person; and the person’s character or reputation; and the person’s ability to maintain an appropriate degree of impartiality and independence in carrying out the func­ tions and activities for which he or she has applied to be recognised; and the requirements of any regulations and speciﬁcations made under this Act.
(d) 57 Part 3 s 71 Wine Act 2003 Reprinted as at 3 September 2007 (c) (b) (3) Without limiting the generality of subsection (1), the functions and activities for which a person may be recognised include— veriﬁcation functions and activities in relation to wine (a) standards management plans: other veriﬁcation functions and activities in relation to export requirements: the independent evaluation of the validity of wine stan­ dards management plans for the purposes of section 18(1)(b): functions and activities in relation to the testing, sam­ pling, and chemical or biological or other analysis of wine: functions and activities in relation to export eligibility requirements: any other function or activity involving particular com­ petencies that may be required for the purposes of this Act.
(d) (e) (f) For the purposes of this Act, the Director­General may, with­ out application being made, grant recognition to any ofﬁcer or employee of the Ministry to carry out functions and activities speciﬁed by the Director­General for which the person is qual­ iﬁed under subsection (2), and this section and sections 72 to 82 apply accordingly with any necessary modiﬁcations.
Subsection (3)(c) was amended, as from 15 December 2005, by section 5 Wine Amendment Act 2005 (2005 No 119) by substituting the expression “section 18(1)(b)” for the expression “section 18(2)(b)”.
Duties of recognised agencies In undertaking the speciﬁed functions and activities for which it is recognised, a recognised agency has the following duties: it must ensure that all recognised persons employed or (a) engaged or used by it are not placed in positions or situ­ ations that compromise their impartiality and independ­ ence in relation to the performance of their functions and duties under this Act: it must ensure that it is adequately resourced and that systems are maintained to ensure that its functions and activities under this Act are carried out properly.
(b) (4) 71 58 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 73 72 Duties of recognised persons In carrying out the functions and activities for which he or she is recognised, a recognised person has the following duties: (a) (b) (c) (d) (e) to undertake only those functions and activities as a recognised person under this Act that are conferred on them by the Director­General: to comply with the relevant requirements of any regu­ lations or notices in force from time to time under this Act, and any directions given by the Director­General under section 57: to maintain an appropriate degree of impartiality and in­ dependence in carrying out their functions and activities in accordance with the recognition conferred by the Dir­ ector­General: to maintain appropriate conﬁdentiality (particularly in relation to commercially sensitive matters) relating to operations and activities they come into contact with in the course of carrying out their functions and activities under this Act (except to the extent required to report under paragraph (e) or otherwise for the purposes of this Act), including matters relating to design, technology, systems, and practices: to report to the Director­General, in accordance with the requirements imposed by or under this Act,— (i) any failure to comply with, or any inadequacy in, a wine standards management plan: any other matter that is required by or under this Act to be reported on by recognised persons of the relevant type: (ii) (f) in the case of a recognised management plan veriﬁer, to be under the management of a recognised verifying agency.
73 (1) (2) Register of recognised bodies and persons The Director­General must keep and maintain a register of all agencies recognised under section 69 and all persons recog­ nised under section 70 in relation to veriﬁcation or other spe­ cialist functions and activities for the purposes of this Act.
The purpose of the register is— 59 Part 3 s 73 Wine Act 2003 Reprinted as at 3 September 2007 (a) (b) (c) to enable members of the public, including persons and businesses operating under this Act, to know who is recognised as competent to undertake particular func­ tions and activities under this Act; and to facilitate the ability of the Director­General to ensure that traded wine is ﬁt for its intended purpose; and to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
The register of recognised bodies and persons must contain the following particulars in respect of each recognised body or person: (a) the name and address (including the electronic address, if available) of the body or person: a description of the functions and activities for which recognition is granted: the date of the recognition and the date of its expiry (if any): the date of any withdrawal of recognition: such other particulars as may be required by or under this Act.
(b) (c) (d) (e) The Director­General must— (a) keep the register open for public inspection, free of charge, at all reasonable hours at the head ofﬁce of the Ministry and at such other places as the Director­Gen­ eral determines as necessary or appropriate; and supply to any person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
(b) The register may be kept in such manner as the Director­Gen­ eral thinks ﬁt, including, either wholly or partly, by means of a device or facility— (a) that records or stores information electronically or by other means; and that permits the information so recorded to be readily inspected or reproduced in usable form; and that permits the information in the register to be ac­ cessed by electronic means, including (without limita­ tion) by means of remote log­on access.
(b) (c) (3) (4) (5) 60 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 75 74 (1) (2) (3) (4) Applications for recognition Every application for recognition under section 69 or section 70 must— (a) (b) be made in writing to the Director­General; and be in the appropriate form and manner provided or ap­ proved by the Director­General for that purpose; and (c) be accompanied by the prescribed fee (if any).
For the purpose of assessing the matters speciﬁed in section 69 or section 70, the Director­General may require an appli­ cant to supply information additional to that contained in the application.

If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director­ General may allow, the application lapses.
The Director­General may, by notice under section 120, issue speciﬁcations setting out requirements and procedures for the recognition of agencies and persons.
Grant of recognition 75 (1) Where the Director­General determines to grant an application for recognition as an agency or a person for the purposes of any functions and activities under this Act, the Director­General must supply to the successful applicant a notice of recognition that speciﬁes— (a) the functions and activities the successful applicant may undertake; and any conditions applying under section 76; and the duration of the recognition.
(b) (c) The Director­General may specify in any terms of recognition that the recognition is to have effect indeﬁnitely or for a stated period or until a stated date.
Every grant of recognition— (a) comes into force on the date speciﬁed in the notice of recognition; and continues in force until— (i) (ii) it is withdrawn under section 79; or it is surrendered under section 80; or (b) (2) (3) 61 Part 3 s 76 Wine Act 2003 Reprinted as at 3 September 2007 (iii) in the case of recognition granted for a stated period or until a stated date, the expiry of that period or the passing of that date.
(2) (3) Conditions of recognition 76 (1) A recognition under section 75 may be subject to such con­ ditions as the Director­General thinks ﬁt and speciﬁes in the notice of recognition.

It is to be a condition of every recognition of an agency that, with the exception of administrative functions and related sup­ port matters, any activities of the agency that are speciﬁed in the terms of the recognition are to be carried out only by indi­ viduals who have themselves been recognised.
Conditions imposed under subsection (1) may include require­ ments as to the provision of such returns, records, and other information as the Director­General may reasonably require from time to time to ensure that the recognised agency or per­ son is properly carrying out the functions and activities for which they are recognised.

The Director­General may at any time, by written notice to a recognised agency or person, revoke, amend, or add to any conditions imposed under subsection (1).
Except where any variation to the conditions of recognition is made on the application of the recognised agency or per­ son and in accordance with the terms of that application, the Director­General may not vary any condition of recognition imposed under this section without (to the extent practicable in the circumstances of the variation proposed) ﬁrst giving the affected agency or person a reasonable opportunity to make written submissions to or be heard by the Director­General in relation to the matter.
(5) (4) Recognition fee payable Every recognised agency and every recognised person is liable to pay, either annually or at such other interval as may be pre­ scribed, such recognition fee as may be prescribed (if any) in respect of their continued recognition.

77 (1) 62 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 79 (2) Any failure to pay the appropriate fee by the due date that per­ sists for more than 20 working days may result in withdrawal of recognition under section 79.
78 (1) Refusal to grant recognition If the Director­General proposes to refuse to grant recognition for the functions and activities applied for, the Director­Gen­ eral must give the applicant— (a) a notice containing such particulars as will clearly in­ form the applicant of the substance of the grounds on which the Director­General proposes to refuse to recog­ nise the applicant; and a copy (or adequate summary) of any information on which the Director­General relies in proposing to refuse to grant recognition; and a reasonable opportunity to make written submissions or be heard in respect of the matter.
(b) (c) (2) Where the Director­General ﬁnally determines to refuse to grant recognition, the Director­General must as soon as prac­ ticable notify that fact to the applicant in writing, giving rea­ sons.
79 Withdrawal of recognition (1) The Director­General may at any time, by notice in writing to a recognised agency or recognised person, withdraw the recognition if satisﬁed that— (a) (b) (c) the agency or person is not, or is no longer, a ﬁt and proper person to undertake the functions or activities for which the recognition was granted; or the agency or person has failed to comply with any term or condition of the recognition, or has failed to meet any performance criteria speciﬁed by the Director­General by notice under section 120; or the agency or person has contravened, or failed to com­ ply with, any requirement of this Act in any particu­ lar that in the opinion of the Director­General casts doubt on the agency’s or person’s ﬁtness or competency to undertake the functions or activities for which the recognition was granted.
63 Part 3 s 80 Wine Act 2003 Reprinted as at 3 September 2007 (2) The Director­General may not withdraw recognition unless he or she has ﬁrst given the agency or person concerned a reason­ able opportunity to be heard.
(3) Where recognition is withdrawn under this section, the person or body whose recognition is withdrawn must, as soon as prac­ ticable,— (a) surrender to the Director­General their notice of recog­ nition; and take all reasonable steps to notify the fact of the with­ drawal of recognition to each person who was a client of the agency or person or body (in that agency’s or person’s or body’s capacity as a recognised agency or recognised person) immediately before the withdrawal.
(b) Surrender of recognition 80 (1) A recognised agency or recognised person may at any time surrender their recognition by notice in writing to that effect to the Director­General.

(2) A surrender takes effect on the expiry of 3 months after the date of the receipt of the notice by the Director­General, or on such earlier date as the Director­General may approve.

(3) On or before the surrender takes effect, the recognised agency or person must send their notice of recognition to the Director­ General.
Substituted notice of recognition The Director­General may, if he or she thinks ﬁt, and on pay­ ment of the prescribed fee (if any), cancel an existing notice of recognition granted under section 75, and issue a new notice in substitution,— (a) if the terms or conditions of the recognition are to be or have been varied under section 76; or if the existing notice has become disﬁgured or dilapi­ dated, or contains a mistake, or if the Director­General is satisﬁed that the existing notice has been lost or de­ stroyed.
(b) 81 64 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 84 82 83 84 (1) (2) Decisions may be reviewed in certain cases If a person acting under the delegated authority of the Director­ General— (a) (b) (c) the body or person affected may seek a review of that decision under section 114. refuses an application for recognition; or varies any condition of recognition; or withdraws recognition,— Protection of persons acting under Act Protection of persons acting under authority of Act, etc No wine ofﬁcer, no person called on to assist a wine ofﬁcer, and no recognised person who does any act or omits to do any act in pursuance of any of the functions or powers conferred on that ofﬁcer or person by or under this Act is under any civil or criminal liability in respect of that act or omission, unless the ofﬁcer or person has acted, or omitted to act, in bad faith or without reasonable cause.
Subpart 2—Cost recovery Principles of cost recovery The Minister and the Director­General must take all reason­ able steps to ensure that so many of the direct and indirect costs of administering this Act as are not provided for by money ap­ propriated by Parliament for the purpose are recovered under this subpart, whether by way of fees, levies, or otherwise.
In determining the most appropriate method of cost recovery under section 85, and its level, in any particular case or class of cases of wine, business, person, or other matter, the Minister and Director­General must have regard, as far as is reasonably practicable, to the following criteria: (a) equity, in that funding for a particular function, power, or service, or a particular class of functions, powers, or services, should generally, and to the extent practicable, be sourced from the users or beneﬁciaries of the rele­ vant function, power, or service at a level commensu­ rate with their use or beneﬁt from the function, power, or service: 65 Part 3 s 84 Wine Act 2003 Reprinted as at 3 September 2007 (b) (c) (d) efﬁciency, in that costs should generally be allocated and recovered in order to ensure that maximum beneﬁts are delivered at minimum cost: justiﬁability, in that costs should be collected only to meet the reasonable costs (including indirect costs) for the provision or exercise of the relevant function, power, or service: transparency, in that costs should be identiﬁed and al­ located as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.
(3) Costs should not be recovered under this subpart unless there has been appropriate consultation with affected parties and relevant industry organisations in accordance with section 115, and the parties involved have been given sufﬁcient time and information to make an informed contribution.
(4) Nothing in subsection (3) or in section 87 or section 115 re­ quires consultation in relation to speciﬁc fees or charges, or the speciﬁc levels of fees or charges, so long as the fees or charges set are reasonably within the purview of any general consultation or any consultation carried out for the purposes of section 115, and a failure to comply with subsection (3) does not affect the validity of any regulations made for the purposes of this subpart.
(5) Nothing in this section requires a strict apportionment of the costs to be recovered for a particular function or service based on usage; and, without limiting the way in which fees or charges may be set, a fee or charge may be set at a level or in a way that— (a) is determined by calculations that involve an averaging of costs or potential costs: takes into account costs or potential costs of services that are not directly to be provided to the person who pays the fee or charge but which are an indirect or po­ tential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.
(b) 66 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 86 85 Methods of cost recovery The methods by which costs may be recovered under this sub­ part are as follows: (a) (b) ﬁxed fees or charges: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis: use of a formula or other method of calculation for ﬁx­ ing fees and charges: the recovery by way of fee or charge of actual and rea­ sonable costs expended in, or associated with, the per­ formance of a service or function: estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appro­ priate further payment or refund after provision of the service or function: refundable or non­refundable deposits paid before pro­ vision of the service or performance of the function: fees or charges imposed on users of services or third parties: levies: any combination of the above.
(c) (d) (e) (f) (g) (h) (i) 86 (1) (2) Cost recovery to relate generally to ﬁnancial year Except as provided in subsection (2), any regulations under this subpart that set a fee, charge, or levy that applies in any ﬁnancial year— (a) must have been made before the start of that ﬁnancial (b) year; but except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.
Subsection (1) does not prevent the alteration or setting during any ﬁnancial year of a fee, charge, or levy payable in that year if either— (a) the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or in the case of an increase or a new fee, charge, or levy,— (b) 67 Part 3 s 87 Wine Act 2003 Reprinted as at 3 September 2007 (i) (ii) appropriate consultation in accordance with sec­ tion 115 has been carried out with persons or rep­ resentatives of persons substantially affected by the alteration or setting; and the Minister is satisﬁed that those persons, or their representatives, agree or do not substan­ tially disagree with the alteration or setting.
Subsection (1) does not prevent the amendment of any regula­ tion setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.

Recovery may be made in any ﬁnancial year of any shortfall in cost recovery for any of the preceding 4 ﬁnancial years, and allowance may be made for any over­recovery of costs in those years (including any estimated shortfall or over­recovery for the immediately preceding ﬁnancial year).
Three­yearly review of cost recovery The Minister must cause to be reviewed, at least once in every 3­year period occurring since the original setting of, or latest change to, the levels and methods of cost recovery in relation to any class of wine, business, person, or other matter, the levels and methods of cost recovery in the relevant area that are likely to be appropriate for the following ﬁnancial year or years.
The Minister must ensure that appropriate consultation in ac­ cordance with section 115 takes place in relation to any such review.

(3) (4) 87 (1) (2) (3) A review may make provision for recovery in any relevant ﬁ­ nancial year of any shortfall in cost recovery for any of the pre­ ceding 4 ﬁnancial years, or make allowance for any over­re­ covery of costs in those years (including any estimated short­ fall or over­recovery for the immediately preceding ﬁnancial year).
Subsection (1) does not require all areas of cost recovery to be reviewed at the same time, nor does it impose any time limit on the making of regulations to implement the results of a review.

(4) 68 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 89 88 (1) (2) Fees and charges to be prescribed by regulations Regulations may be made under this Act, on the recommenda­ tion of the Minister, prescribing fees and charges for the pur­ poses of this Act.
The fees and charges may be prescribed using any 1 or more of the methods speciﬁed in section 85, or any combination of those methods.

(3) Different fees and charges, or different rates or types of fee or charge, may be prescribed in respect of different classes or descriptions of wine, persons or businesses, operations, or other matters, or any combination of them.
(4) Without limiting subsection (3), the fees and charges pre­ scribed may— (a) (b) (c) (d) (e) differ depending on whether or not a special or urgent service is provided: include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places: differ for otherwise similar services provided in differ­ ent ways: differ for otherwise similar services provided to differ­ ent categories of person: differ depending on the amount of service required or the components of the service required for the particular person or class of person.
(5) Where regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notiﬁed for these components by the Director­General under section 120.

The Minister may not recommend the making of regulations under this section unless satisﬁed that, to the extent appropri­ ate in the circumstances, the requirements of sections 84 and 86 have been met.
(6) 89 (1) Regulations may impose levies Regulations may be made under this Act, on the recommenda­ tion of the Minister, prescribing levies for the purposes of this Act.
69 Part 3 s 89 Wine Act 2003 Reprinted as at 3 September 2007 (2) Different levies or rates of levy or bases on which an amount of levy is to be calculated or ascertained may be prescribed for different purposes, and different levies or rates of levy or bases for calculation may be set for different classes or descriptions of wine, persons or businesses, operations, or other matters, or any combination of them.
(3) Without limiting the generality of subsection (1), regulations imposing levies may— (a) (b) (c) (d) (e) (f) specify when and how any levy is to be paid: require that any levy, or estimated amount of levy, be paid in advance of performance of the services or func­ tions to which it relates: specify persons, other than persons primarily responsi­ ble for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service: require, or empower the Director­General to require, the provision of information and returns in relation to levies: require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to those trust accounts: prescribe a method of arbitration or mediation in the case of disputes as to— (i) whether or not any person is required to pay, or collect, the levy concerned; or the amount of levy any person is required to pay or collect; (ii) (4) and provide for related matters, including procedures and re­ muneration for arbitrators or mediators.
The Minister may not recommend the making of regulations under this section unless satisﬁed that, to the extent appropri­ ate in the circumstances, the requirements of sections 84 and 86 have been met.

(5) Nothing in this section or in this subpart affects the power of persons within the winemaking industry to determine to intro­ duce and impose a levy on wine in accordance with section 111.
70 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 91 90 (1) Trust accounts required to be kept by persons collecting levies If regulations made under section 89 require the operation of a trust account for any levy money by the person responsible for collecting the levy,— (a) (b) (c) any amount held in such an account that is due to be paid to the Director­General by the levy collector is to be treated as levy money held on trust for the Director­ General; and any amount so held on trust is not available for the pay­ ment of any creditor (other than the Director­General ) of the levy collector, and is not liable to be attached or taken in execution at the instance of any such creditor; and a person who ceases to be a person responsible for col­ lecting a levy must continue to maintain the trust ac­ count until all the levy money payable to the Director­ General in respect of the period during which the person was responsible for collecting the levy has been paid.
(2) Nothing in subsection (1)(c) affects any obligation or liability under this Act of any other person who has become responsible for collecting the levy concerned.
Other charges not requiring to be prescribed 91 (1) Nothing in this subpart or in any other provision of this Act prevents the Director­General from requiring a reasonable charge to be paid for any of the services the Ministry provides in relation to the administration of this Act, or any actual and reasonable expenses incurred in providing the services, other than services in respect of which a fee or charge or levy is prescribed under this subpart.
(2) Without limiting subsection (1), and for the avoidance of doubt, the Director­General may— (a) operate a telephone information service for which each caller pays according to their usage or on some averaged basis: charge persons for the cost of mailing, faxing, emailing, or couriering information to them: (b) 71 Part 3 s 92 Wine Act 2003 Reprinted as at 3 September 2007 (c) (d) charge for the cost of written material, unless that ma­ terial is required by an Act or by regulations made under this Act to be provided free of charge: charge for access to any website, or for information or services provided by any website, operated by the Min­ istry: charge for access to any library or research services pro­ vided in relation to matters pertaining to wine, or asso­ ciated things: charge any person for services provided in relation to a wine business or otherwise under this Act.
(3) All money received by the Ministry as a result of such charges (e) (f) must be paid into the Departmental Bank Account.

92 (1) Exemptions, waivers, and refunds Regulations made under this Act may provide for exemptions from, or waivers or refunds of, any fee, levy, or charge payable under this Act, in whole or in part, in any class of case.

(2) Any such regulations may authorise the Director­General to grant an exemption, waiver, or refund in any particular case or class of case.
Fees, levies, and charges to constitute debt due to Director­General Any fee, levy, or charge that has become payable is a debt due to the Director­General, and is recoverable as a debt by the Director­General in any court of competent jurisdiction.

Until paid in full, it remains a debt due to the Crown.
Penalties for failure to pay fee, levy, or charge If a person has failed to pay to the Director­General by the due date any fee, levy, or charge payable under this subpart,— (a) section 14 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 applies to increase the amount payable; and section 15 of that Act applies to allow the Director­Gen­ eral , in appropriate cases, to waive the payment of all or any of the amount of any such increase; and (b) 93 94 (1) 72 Reprinted as at 3 September 2007 Wine Act 2003 Part 3 s 95 (2) (c) section 16 of that Act applies to allow the Director­Gen­ eral to withdraw, or refuse to provide the person in de­ fault with, any service of the kind to which the debt re­ lates.
For the purposes of subsection (1)(c) of this section and section 16 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997, and without limiting the generality of that section 16, the references in those provisions to the withdrawal or refusal to provide any service are to be treated as also authorising the Director­General, in an appropriate case, to— (a) withhold or suspend any approval under this Act, or refuse to perform any function under this Act in relation to the person in default: (b) withhold the registration of any exporter or wine stan­ dards management plan under this Act, or require the suspension of any relevant operations of the exporter or operator of the wine standards management plan: withhold any ofﬁcial assurance: (c) (d) withhold any export eligibility certiﬁcate.
(3) Where the withdrawal of any approval or registration under this section, or any suspension of operations, requires the Dir­ ector­General to provide any further service, or perform any further function involved in the withdrawal or suspension, the Director­General may recover any reasonable amount for the additional service, function, or costs as a debt due from the per­ son who owns or is responsible for the operation concerned.
95 Obligation to pay fee, levy, or charge not suspended by dispute The obligation of a person to pay any fee, levy, or charge under this Act (including any penalty referred to in section 94), and the right of the Director­General to receive and recover the fee, levy, charge, or penalty, are not suspended by any dispute be­ tween the person and the Director­General regarding the per­ son’s liability to pay the fee, levy, or charge, or the amount of the fee, levy, or charge.
73 Part 3 s 96 Wine Act 2003 Reprinted as at 3 September 2007 Levy regulations to be conﬁrmed 96 (1) Where regulations imposing a levy have been made under this subpart on or after 1 January in any year and before 1 July in that year, and— (a) have not been revoked with effect on or before 1 July in the next year; and have not ceased, and will not cease, to have effect on or before 1 July in the next year by virtue of the Regulations (Disallowance) Act 1989,— (b) they are to be treated as having been revoked with the close of 30 June in that next year unless conﬁrmed by an Act of Parliament passed on or before that day.
(2) Where any regulations imposing a levy have been made under this subpart after 30 June in any year and on or before 31 De­ cember in that year, and— (a) (b) have not been revoked with effect on or before 1 January in the year after the next year; and have not ceased, and will not cease, to have effect on or before 1 January in the year after the next year by virtue of the Regulations (Disallowance) Act 1989,— they are to be treated as having been revoked with the close of 31 December in the year after the year in which they were made, unless conﬁrmed by an Act of Parliament passed on or before that day.
Part 4 Offences, penalties, and miscellaneous provisions Offences, penalties, and proceedings Offences involving deception 97 (1) A person commits an offence who, with intent to deceive and for the purpose of obtaining any material beneﬁt or avoiding any material detriment,— (a) makes any false or misleading statement or any mater­ ial omission in any communication, application, record, or return for the purpose of this Act, or destroys, can­ cels, conceals, alters, obliterates, or fails to provide any 74 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 97 (b) document, record, return, or information required to be kept or communicated under this Act; or falsiﬁes, removes, misuses, alters, misapplies, misrep­ resents, or fails to apply any label, brand, material, or product description of wine required or authorised to be used under this Act; or (e) (d) (c) misrepresents, substitutes in whole or in part, adulter­ ates, or otherwise tampers with wine to which this Act applies so that it no longer matches or complies with its description, certiﬁcate, label, or ofﬁcial assurance; or falsiﬁes, alters, or misapplies any certiﬁcate or declar­ ation or other statutory form attached or relating to wine that is required or authorised to be used under this Act, or any ofﬁcial assurance, or tampers with any wine that is subject to such a certiﬁcate, declaration, form, or as­ surance; or falsiﬁes, removes, suppresses, or tampers with any sam­ ples, test procedures, test results, or evidence taken or seized by a wine
 ofﬁcer or by a recognised agency or a recognised or otherwise authorised person in the per­ formance or exercise of their functions or powers under this Act; or falsiﬁes, removes, suppresses, or tampers with any sam­ ples, test procedures, or test results taken by or for an operator of a wine standards management plan for the purposes of that plan or this Act, or by or for a person subject to the requirements of a wine standards man­ agement plan for the purposes of that wine standards management plan or this Act; or aids, abets, incites, counsels, procures, or conspires with any other person to commit an offence under this section.
(g) (f) (2) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(3) A person who commits an offence against subsection (1) is liable— (a) in the case of a body corporate, to a ﬁne not exceeding $500,000: 75 Part 4 s 98 Wine Act 2003 Reprinted as at 3 September 2007 (b) in the case of an individual, to imprisonment for a term not exceeding 5 years and a ﬁne not exceeding $100,000.
98 Offences involving endangerment of human health (1) A person commits an offence who, being a winemaker, or an exporter of wine, or a transporter of commodities or wine, or a producer of commodities, contravenes or fails to comply with any provision of this Act or of regulations made or any notice given under this Act, knowing that the contravention or failure would or is likely to endanger the health of the public, or the health of any individual.
(2) A person commits an offence who, being the operator of a wine standards management plan or a person who is required to op­ erate under a wine standards management plan, contravenes or fails to comply with any provision of this Act or of regula­ tions made or any notice given under this Act, knowing that the contravention or failure— (a) may create, directly or indirectly, a risk to human health; or (b) may, directly or indirectly, increase the likelihood of an existing risk to human health.
(3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(4) A person who commits an offence against subsection (1) is liable— (a) (b) in the case of a body corporate, to a ﬁne not exceeding $500,000: in the case of an individual, to imprisonment for a term not exceeding 5 years and a ﬁne not exceeding $100,000.
(5) A person who commits an offence against subsection (2) is in the case of a body corporate, to a ﬁne not exceeding $300,000: in the case of an individual, to imprisonment for a term not exceeding 2 years and a ﬁne not exceeding $75,000.
liable— (a) (b) 76 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 100 Sale of non­complying wine 99 (1) A person commits an offence who sells or offers for sale, or has in the person’s possession for sale, any wine to which Part 2 applies that, to the person’s knowledge, has not been made in accordance with the requirements of that Part that apply to the wine, or is not otherwise ﬁt for its intended purpose.
(2) A person commits an offence who sells or offers for sale, or has in possession for sale, any wine that purports or is represented to have been made in accordance with subparts 1 and 2 of Part 2, but that, to the person’s knowledge, has not been made in accordance with those subparts.

(3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.
(4) A person who commits an offence against this section is li­ able— (a) (b) in the case of a body corporate, to a ﬁne not exceeding $250,000: in the case of an individual, to a ﬁne not exceeding $50,000.
100 Offence to export unless registered or in compliance with export eligibility requirements (1) A person commits an offence who, being a person who is re­ quired to be registered as an exporter in relation to the wine concerned, without being so registered exports any wine to which subpart 3 of Part 2 applies other than in accordance with an exemption granted under section 6 or section 39 or by regu­ lations made under this Act.
(2) A person commits an offence who exports any wine that does not comply with any relevant export eligibility requirements.

(3) A prosecution for an offence against this section may be pro­ ceeded with either summarily or on indictment.

(4) A person who commits an offence against this section is liable to a ﬁne not exceeding— (a) (b) $250,000, in the case of a body corporate; or $50,000, in the case of an individual.
77 Part 4 s 101 Wine Act 2003 Reprinted as at 3 September 2007 101 Obstruction of ofﬁcers, etc (1) A person commits an offence who threatens, assaults, or in­ tentionally obstructs or hinders— any wine ofﬁcer; or (a) an assistant of a wine ofﬁcer; or (b) any recognised agency, recognised person, or other au­ (c) thorised person— who is acting in the performance or exercise of a function, power, or duty under this Act or under any wine standards management plan.
(2) A person commits an offence who, with intent to deceive, per­ sonates or pretends to be a wine ofﬁcer or recognised verifying agency, or a person referred to in subsection (1)(c).

(3) A person who commits an offence against this section is liable on summary conviction to a ﬁne not exceeding— (a) (b) $250,000, in the case of a body corporate; or $50,000, in the case of an individual.
102 Offence of breach of duty (1) A person commits an offence who, without reasonable ex­ cuse,— (a) (c) (b) being the operator of a wine standards management plan, breaches or fails to carry out any of the duties spe­ ciﬁed in section 13; or being an exporter, breaches or fails to carry out any of the duties speciﬁed in section 40; or being a recognised agency, breaches or fails to carry out any of the duties speciﬁed in section 71; or being a recognised person, breaches or fails to carry out any of the duties speciﬁed in section 72.
(2) A person who commits an offence under subsection (1) is li­ able on summary conviction to a ﬁne not exceeding— (a) (b) $100,000, in the case of a body corporate; or $20,000, in the case of an individual.
(d) 103 Failure to comply with Act, etc (1) A person commits an offence who, without reasonable excuse, fails to comply with— (a) any provision of this Act; or 78 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 105 (b) (c) any provision of any regulations made under this Act the failure to comply with which is speciﬁed in those regulations as an offence; or any direction, condition, notice, or requirement law­ fully given, made, or imposed by or under this Act.
(2) A person who commits an offence against this section for which no other penalty is speciﬁed is liable on summary con­ viction to a ﬁne not exceeding— (a) (b) $100,000, in the case of a body corporate; or $20,000, in the case of an individual.
104 Defence for persons charged with breach of duty or (1) failure to comply In any prosecution for an offence against section 102 or section 103, it is a defence if the defendant proves that— (a) the breach or failure concerned was due to the act or omission of another person, or to an accident or some other cause outside the defendant’s control; and the defendant took reasonable precautions and exer­ cised due diligence to avoid the breach or failure, or breaches or failures of that kind.
(b) (2) A defence under subsection (1) is available only if, at least 14 days before the date on which the hearing of the proceedings commences or within such further time as the Court may allow, the defendant delivers to the prosecutor a written notice that— states that the defendant intends to rely on the relevant (a) defence; and speciﬁes the nature of the act or omission constituting the relevant breach or failure and the precautions taken against such breaches or failures.
(b) 105 Evidence in proceedings (1) In any proceedings for an offence under this Act, a certiﬁcate or document (including electronic copy) of any of the follow­ ing kinds is admissible in evidence and, in the absence of proof to the contrary, is sufﬁcient evidence of the matter stated in the certiﬁcate or of the contents of the document, as the case may require: 79 Part 4 s 105 Wine Act 2003 Reprinted as at 3 September 2007 a certiﬁcate purporting to be signed by the Director­ General , or by a delegate of the Director­General, to the effect that, at any speciﬁed date or period,— (i) a named person or body is or was, or is not or was not, a wine ofﬁcer, a recognised verifying agency, a recognised person, a recognised agency, or an employee of the Ministry; or a speciﬁed wine standards management plan was or was not registered or was or was not amended, deregistered, or surrendered under subpart 1 of Part 2; or a named person was or was not registered as an exporter under subpart 3 of Part 2, or the person’s registration was or was not removed or surren­ dered; or a class, kind, or description of wine is or was, or is not or was not, subject to export eligibility requirements; or a speciﬁed operation was or was not suspended under subpart 1 or subpart 3 of Part 2; or any ofﬁcial assurance, or any statement under section 60, had or had not been given in respect of any wine or consignment; or (ii) (iii) (iv) (v) (vi) (vii) a speciﬁed document was or was not a copy of an ofﬁcial assurance given under this Act; or
 (viii) a speciﬁed document was or was not a copy of a (ix) (x) registered wine standards management plan; or a speciﬁed document was or was not a copy of a notice or direction given under this Act; or a speciﬁed document was a copy of an extract from a register kept under this Act: a certiﬁcate purporting to be signed by any person au­ thorised by this Act or the State Sector Act 1988 to dele­ gate to any person, or to persons of any kind or descrip­ tion, the exercise or performance of any power or func­
 tion under this Act, stating that— (i) the person has delegated the exercise or perform­ ance of the power or function speciﬁed in the cer­ tiﬁcate to the person speciﬁed in the certiﬁcate; or (a) (b) 80 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 105 (ii) the person has delegated the exercise of the power or function speciﬁed in the certiﬁcate to persons of a kind or description speciﬁed in the certiﬁcate, and that a named person speciﬁed in the certiﬁcate is a person of that kind or descrip­ tion: a certiﬁcate purporting to be signed by an analyst or a recognised person stating the results of an analysis, test, or examination of a sample taken under or for the purposes of this Act: a document purporting to be a copy of any material in­ corporated by reference into any regulation or notice or order under section 121: a document purporting to be a copy of a registered wine standards management plan: a document purporting to be a copy of an ofﬁcial assur­ ance or a statement given under section 60: a document purporting to be a copy of a notice or direc­ tion or approval or speciﬁcation (including a copy of any material incorporated by reference) or requirement given under this Act.
(c) (d) (e) (f) (g) (2) The production of a certiﬁcate or document purporting to be a certiﬁcate or document to which subsection (1) applies is prima facie evidence that it is such a certiﬁcate or document, without proof of the signature of the person purporting to have signed it or of its nature.
(3) No certiﬁcate of an analyst or a recognised person, and no other evidence of an analysis, test, or examination under this Act, is to be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Act or of any regulations or speciﬁcations made under this Act relating to the taking, analysing, testing, or examining of samples have not been strictly complied with, if there has been reasonable compliance with those provisions.
(4) A certiﬁcate or document to which subsection (1) applies is not admissible in evidence unless— (a) at least 14 days before the hearing at which the certiﬁ­ cate or document is to be tendered, a copy is served, by or on behalf of the prosecutor, on the defendant or the 81 Part 4 s 106 Wine Act 2003 Reprinted as at 3 September 2007 (b) defendant’s agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certiﬁcate or document as a witness at the hearing or to call evi­ dence as to the nature of the document; and the court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks ﬁt), that the certiﬁcate or document should not be admissible as evidence in the proceedings.
The court may not make an order under subsection (4)(b) un­ less it is satisﬁed that there is a reasonable doubt as to the ac­ curacy or validity or identity of a certiﬁcate or document.

(5) 106 Presumption as to authority (1) A return, record, transaction, form, application, or other in­ formation purporting to be completed, kept, or provided by or on behalf of a person is for the purposes of this Act to be presumed to have been completed, kept, or provided by that person unless the contrary is proved.
The production of— (a) (2) a document presented by a wine ofﬁcer purporting to be a notice or an extract from a notice issued by the Dir­ ector­General in accordance with section 116 or section 120, or a copy, of any such notice or extract; and a copy of the Gazette in which the notice was notiﬁed is in all courts and in all proceedings sufﬁcient evidence, until the contrary is proved, of the existence, notiﬁca­ tion, and contents of the notice.
(b) 107 Liability of body corporate If, in the course of proceedings against a body corporate for an offence under this Act, it is necessary to establish the state of mind of the body corporate, it is sufﬁcient to show that a director, employee, or agent of the body corporate, acting within the scope of that person’s actual or apparent authority, had that state of mind.
82 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 110 108 Liability of directors and managers of companies Where a body corporate is convicted of an offence under this Act, every director and every person concerned in the man­ agement of the body corporate is also guilty of alike offence if it is proved that— (a) the act or omission that constituted the offence took place with the authority, permission, or consent of the director or person; or the director or person knew that the offence was to be or was being committed, and failed to take all reasonable steps to prevent or stop it.
(b) 109 Liability of companies and persons for actions of agent or employee (1) Any act or omission on behalf of a body corporate or other person (each called the principal) by a director, agent, or em­ ployee (each called the agent) of the principal is to be treated for the purposes of this Act as being also the act or omission of the principal.
(2) Despite subsection (1), where a principal is charged under this Act in relation to the act or omission of an agent for an offence against any of sections 97, 98, 99, and 100, it is a defence to the charge if the principal proves that the principal took all reasonable steps to prevent the commission of the offence or the commission of offences of that kind.
110 Offences generally punishable on summary conviction (1) Except as provided in sections 97(2), 98(3), 99(3), and 100(3), every offence under this Act or any regulations made under this Act is punishable on summary conviction.

(2) Despite section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
83 Part 4 s 111 Wine Act 2003 Reprinted as at 3 September 2007 Industry levies 111 Application of Commodity Levies Act 1990 to wine (1) The purpose of this section is to allow the wine industry to determine to introduce and impose 1 or more levies on wine that are payable to a body representing the views and interests of winemakers.

Subject to this section, the provisions of the Commodity Levies Act 1990 apply to wine as if it were a commodity within the meaning of that Act.
(2) (3) Despite subsection (2),— (a) (b) to (ak) of section 5(2) of the paragraphs (ag) Commodity Levies Act 1990 apply as if the refer­ ences in those paragraphs to “more than half” of the various kinds of support or totals were references to “more than 60%” of the relevant support or total: a referendum to demonstrate support for the levy pro­ posal may include sub­referenda within industry­agreed groups within the wine industry; if this is the case, the more than 60% support requirement applies to each in­ dustry­agreed group.
(4) Despite subsection (2), any wine levy order made in accord­ ance with this section and the provisions of the Commodity Levies Act 1990— (a) may be made under this Act, rather than under that Act, as if authorised by section 119 of this Act; but (b) must be made on the recommendation of the Minister responsible for the Commodity Levies Act 1990, and are to be administered under that Act.
Recordkeeping requirements 112 Records and returns (1) The following persons must keep such records and other in­ formation in relation to wine and associated things, and make such returns to the Director­General as may reasonably be re­ quired by or under regulations or other speciﬁcations or re­ quirements made by or under this Act: (a) operators of wine businesses: 84 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 113 (b) (c) (d) (e) (f) operators of registered wine standards management plans: exporters: recognised persons: recognised agencies: owners or persons in control (or reasonably appearing to be in control) of any wine or commodity.
(2) (3) (c) The following persons must also keep such records and infor­ mation, and make such returns to the Director­General, as may be required by or under a registered wine standards manage­ ment plan: (a) (b) the operator of a wine standards management plan: recognised management plan veriﬁers and recognised verifying agencies who carry out veriﬁcation functions and activities in relation to the plan: any other recognised person or recognised agency who undertakes functions or activities in relation to the plan.
For the purposes of this Act, the Director­General may, in any particular case or class of cases, by notice under section 120,— require records and other information additional to (a) those speciﬁed in regulations to be kept and provided to the Director­General by any person referred to in subsection (1) or subsection (2); and specify the manner and form in which information is to be provided in returns to the Director­General; and specify the period for which or date until which records must be kept.
(b) (c) 113 Records to be available for inspection, etc A person who is required by or under section 112 to keep records or any other information must at all reasonable times— (a) on demand from the Director­General or any wine ofﬁ­ cer, provide access to all relevant information required to be kept under this Act in the person’s possession with respect to any wine or thing subject to this Act or any associated thing; and permit the Director­General or any wine ofﬁcer to in­ spect and make copies of the record or information.
(b) 85 Part 4 s 114 Wine Act 2003 Reprinted as at 3 September 2007 114 Right of review of certain decisions made under delegated Right of review (1) authority This section applies to any of the following decisions made under this Act by a person acting under the delegated authority of the Director­General, or by a person or organisation acting pursuant to an arrangement or contract with the Director­Gen­ eral: (a) a decision to refuse to register a wine standards man­ agement plan or an amendment to a plan under subpart 1 of Part 2: a decision to impose conditions on the registration of a wine standards management plan under section 19: a decision to suspend all or any operations under a wine standards management plan under section 24: a decision to deregister a wine standards management plan under section 25, or to remove a wine business or part business from coverage of a plan under section 26: a decision to refuse to register a person as an exporter under subpart 3 of Part 2: a decision to deregister an exporter or to suspend export operations under subpart 3 of Part 2: a decision to refuse to recognise a person or agency under subpart 1 of Part 3: a decision to vary any condition of recognition, or to withdraw recognition of a person or agency under sub­ part 1 of Part 3: any decision speciﬁed by regulations made under this Act as a decision to which this section applies.
(b) (c) (d) (e) (f) (g) (h) (i) (2) A person who is dissatisﬁed with any such decision may seek a review of the decision by the Director­General or by a person designated by the Director­General who was not involved in making the original decision.
(3) An application for a review must— be in writing; and state the grounds on which it is believed that the original decision was inappropriate; and (a) (b) 86 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 115 (c) be provided to the Director­General within 20 working days after the original decision was notiﬁed to the ap­ plicant.
(5) (4) The Director­General, or a person designated by the Director­ General who was not involved in the original decision, must review the matter within 40 working days, or within such ex­ tended period not exceeding a further 20 working days as the Director­General or designated person may specify by notice in writing to the applicant.
For the purposes of a review, the Director­General or desig­ nated person may require the applicant to supply information additional to that contained in the application for review within a speciﬁed time.

The time taken to supply any such infor­ mation (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits speciﬁed in subsection (4).
The decision sought to be reviewed remains valid unless and until altered by the Director­General or designated person.

The Director­General or designated person must, as soon as practicable, notify the applicant for review of his or her deci­ sion on the review in writing, giving reasons for the decision.

(8) A decision by the Director­General under this section is ﬁnal, unless determined otherwise by a court of law of competent jurisdiction.
(7) (6) Consultation, notiﬁcation, etc 115 Consultation requirements for making of certain orders, (1) (2) speciﬁcations, etc Before making a recommendation for the making of any Order in Council or regulations under this Act, the Minister— (a) must be satisﬁed that the Director­General has carried out consultation in accordance with subsection (3) and has advised the Minister of the results of any such con­ sultation; and (b) must take into account the results of that consultation.
Before setting any speciﬁcations or requirements made pur­ suant to section 120 (other than for the purposes of section 41(1)), the Director­General must consult in accordance with 87 Part 4 s 116 Wine Act 2003 Reprinted as at 3 September 2007 (3) (4) (5) subsection (3) and take into account the results of that consult­ ation.
The Director­General must— (a) do everything reasonably practicable on his or her part to consult with the persons or industry organisations that appear to the Director­General to be representative of the interests of persons likely to be substantially af­ fected by the making of the relevant order or regulations or the setting of the relevant speciﬁcations or require­ ments referred to in subsections (1) and (2); and in the case of a proposed Order in Council or regula­ tions, advise the Minister of the results of any such con­ sultation.
(b) The process for consultation should, to the extent practicable in the circumstances, include— (a) giving adequate and appropriate notice of the intention to make the order or regulations or set the speciﬁcations or requirements; and providing a reasonable opportunity for interested per­ sons to make submissions; and adequate and appropriate consideration of any such sub­ missions.
(b) (c) This section does not apply in respect of the making of any order or regulations, or the setting of any speciﬁcations or requirements by the Director­General, if the Minister or Dir­ ector­General considers it necessary or desirable in the public interest that the order or regulations be made, or the speciﬁca­ tions or requirements be set, as a matter of urgency.
(6) A failure to comply with this section does not affect the val­ idity of any order or regulations made or any speciﬁcations or requirements set under this Act.

116 Notiﬁcation of certain matters (1) This section applies to notices issued by the Director­General that are of a kind listed in section 120.

(2) Where any notice to.
which this section applies affects only 1 person or a small number of persons, and the identity of those persons is known, the Director­General must— 88 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 117 (a) (b) notify the persons of the matter individually in accord­ ance with section 117; and either— (i) supply them with a copy of the speciﬁcations, requirements, exemption, or other matter con­ cerned; or notify them where they may inspect a copy free of charge (which may include inspection by elec­ tronic means) or obtain a copy on payment of a reasonable charge.
(ii) (3) Where it is not possible or practicable to notify a matter to which this section applies in accordance with subsection (2), the Director­General must— (a) either publish the speciﬁcations, requirements, exemp­ tion, or other matter concerned in the Gazette, or notify their making or existence in the Gazette; and (4) (b) where the Director­General considers it practicable, cause them to be brought to the attention of persons likely to be affected by them by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).
If the speciﬁcations, requirements, exemption, or other mat­ ter concerned are notiﬁed only, and not published, in the Gazette,— (a) the Director­General must make copies available for in­ spection free of charge, and for purchase at a reasonable cost, at the head ofﬁce of the Ministry and at such other places as the Director­General determines; and the Gazette notice must specify where a copy may be inspected or obtained.
(b) Service of individual notices, etc 117 (1) Where under any of the provisions of this Act any notice or other document or information is to be served on or supplied to the Minister, the Director­General, or a wine ofﬁcer, it may be delivered, whether personally, by post, or by electronic means acceptable to the Director­General, to a wine ofﬁcer at an ap­ propriate ofﬁce of the Ministry.
89 Part 4 s 118 Wine Act 2003 Reprinted as at 3 September 2007 (2) Where under any of the provisions of this Act any person is to be notiﬁed of any matter, written notice of that matter may be given or supplied to the person either personally or by post or fax addressed to that person, or by electronic means acceptable to the person, at— (a) the person’s address or electronic address as notiﬁed under this Act; or the person’s last known business or residential address, in any other case.
(b) (3) Where a solicitor represents that the solicitor is authorised to accept any notice or document on behalf of any person, it is sufﬁcient notiﬁcation to deliver the document to the solicitor if the solicitor signs a memorandum stating that he or she accepts the document on behalf of that person.
(4) Where any notice or other document or information is posted to a person (whether physically or by electronic means), it will be treated as having been received by that person not later than 7 days after the date on which it was posted, unless the person proves that, otherwise than through fault on the person’s part, it was not so received.
118 Directions, etc, to non­Ministry persons with functions (1) under Act This section applies in the case where the Director­General wishes to issue any notice, direction, or instruction or other­ wise communicate any requirement (a notiﬁcation) to a person or body (the relevant person) who— (a) has functions for the purposes of the administration of this Act, whether as a recognised person or recognised agency or otherwise; and is a person or body who is not a Ministry employee or ofﬁcer or group of Ministry employees or ofﬁcers.
(b) (2) Where the Director­General wishes to issue a notiﬁcation to a relevant person, the Director­General may issue that notiﬁca­ tion— (a) (b) to the relevant person directly; or to the relevant person’s employer.

90 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 119 (3) (4) (5) (6) If the notiﬁcation is issued to the relevant person directly, the Director­General must also, within a reasonable time, supply a copy of it to the relevant person’s employer.
If the notiﬁcation is issued to the relevant person’s em­ ployer,— (a) the notiﬁcation must clearly identify the relevant person or class of relevant persons the notiﬁcation is intended for; and it is deemed to have been given to the relevant person or persons if given within a reasonable time before the notiﬁcation is required to be acted upon; and the employer is under a duty to inform the relevant per­ son, or all persons of the relevant class, of the content of the notiﬁcation as soon as reasonably practicable hav­ ing regard to the tenor of the notiﬁcation.
(b) (c) within 7 days; or For the purposes of subsections (3) and (4), within a reason­ able time means (a) (b) within such greater or lesser period, or at such greater or lesser intervals in relation to groups of notiﬁcations, as may have been generally agreed between the Director­ General and the employer, or notiﬁed by the Director­ General to the employer, in respect of notiﬁcations of that kind.
In this section, employer, in relation to the relevant person, includes— (a) a director, partner, secretary, or other ofﬁcer or ofﬁcial of a company or other body of which the relevant person is an employee: a company or other body to whom the relevant person is contracted in relation to the person’s functions for the purposes of this Act.
(b) Regulations, notices, etc 119 Regulations (1) The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: 91 Part 4 s 119 Wine Act 2003 Reprinted as at 3 September 2007 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) exempting under section 6 any winemaker from the am­ bit of the Act or from the requirement to operate under a wine standards management plan: prescribing requirements, criteria, speciﬁcations, pro­ cedures, and related matters in relation to wine stan­ dards management plans and the amending and updat­ ing of wine standards management plans: prescribing wine standards, including criteria, speciﬁ­ cations, and other related matters, in accordance with subpart 2 of Part 2: prescribing export eligibility requirements under sec­ tion 38, and procedures and requirements in relation to them: prescribing procedures and requirements relating to the registration of exporters: prescribing exemptions for, or additions to, any class of consignment, wine, or person for the purposes of sec­ tion 39(2), including prescribing conditions in respect of any such exemption or addition and authorising the Director­General to exempt or impose conditions in re­ lation to any consignment, wine, or person of a pre­ scribed class: prescribing procedures and requirements for applying for and obtaining ofﬁcial assurances, and otherwise pre­ scribing matters in relation to ofﬁcial assurances: prescribing procedures and requirements relating to the recognition
 of agencies and persons: prescribing the information or other matters that must be speciﬁed, or that may or may not be speciﬁed, in any label on any bottle or other container of wine or any class or description of wine, and the requirements that must be met for that information or other matter to be speciﬁed or not speciﬁed: levies, and imposing and prescribing fees, charges, other cost recovery mechanisms for the purposes of subpart 2 of Part 3, and generally for the purposes of this Act: imposing and
 prescribing levies to fund industry activ­ ities relating to wine pursuant to section 111: 92 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 120 (l) (m) (n) (o) (p) prescribing records, returns, or information in relation to wine or associated things that any person or class of persons may be required to keep or provide to the Director­General or any wine ofﬁcer: prescribing forms and procedures for the purposes of this Act: specifying matters that constitute offences for the pur­ poses of section 103(1)(b): specifying any matters of a general nature that may be speciﬁed by the Director­General by notice under sec­ tion 120: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2) Regulations made under this Act may— (a) (b) (c) authorise the Minister or the Director­General to issue or impose any approval, requirement, prohibition, spe­ ciﬁcation, restriction, condition, direction, instruction, or order in any particular case or class of cases: authorise a wine ofﬁcer to issue or impose any require­ ment, prohibition, condition, direction, or instruction in any particular case or class of cases: exempt from compliance with or from the application of any provisions of the regulations any wine, process, operation, person, place, premises, or area, or authorise the Minister or the Director­General to grant such ex­ emptions as the regulations may specify.
120 Notices (1) The Director­General may from time to time issue notices for the following purposes: (a) setting speciﬁcations in relation to wine standards man­ agement plans for the purposes of subpart 1 of Part 2: granting limited exemptions under section 11(1): specifying for the purposes of section 21 the circum­ stances that will, or will not, be treated as involving a change in the operator of a wine standards management plan: (b) (c) 93 Part 4 s 120 Wine Act 2003 Reprinted as at 3 September 2007 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) specifying matters in relation to the amendment of wine standards management plans under section 22, including specifying the kinds of changes that do or do not constitute an amendment requiring registration, and specifying the amount of notice of a future amendment that may be required: specifying matters in relation to the updating of wine standards management plans under section 23: notifying requirements in relation to the termination of contracts with recognised verifying agencies under sec­ tion 28: specifying matters of detail in relation to wine standards in accordance with subpart 2 of Part 2: exempting under section 39 any particular consignment or wine or person, or class of consignments, wine, or persons, from the export requirements of subpart 3 of Part 2: specifying particulars to be shown on any of the regis­ ters required to be kept by this Act: setting speciﬁcations and providing matters of detail in relation to export eligibility requirements:
 notifying overseas market access requirements, and the manner in which they may or must be met: setting speciﬁcations in relation to the issue and control of ofﬁcial assurances under subpart 3 of Part 2: specifying matters in relation to the obtaining of ofﬁcial assurances: specifying performance standards and speciﬁcations for recognised persons and recognised agencies, including requirements as to competencies, experience, and quali­ ﬁcations: specifying the value to be attributed to any component of a formula of a kind referred to in section 85(b) that determines fees or charges: specifying records and other information to be kept and returns to be made by any person for the purposes of section 112.
(2) Any notice under subsection (1) must be notiﬁed in accordance with section 116.

94 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 121 (3) A notice under subsection (1)(o)— (a) (b) is to be treated as a regulation for the purposes of the Regulations (Disallowance) Act 1989; but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
121 (1) Incorporation of material by reference into regulations, notices, and orders The following material may be incorporated by reference into any regulations, notice, or order (all referred to in this section as instruments) made or given under this Act: (a) standards, requirements, or recommended practices published by or on behalf of any body or person in New Zealand or in any other country: standards or requirements of international or national organisations: standards or requirements of any country or jurisdic­ tion: any other material that, in the opinion of the Minister (or, as appropriate, the Director­General), is too large or impractical to be printed as part of the instrument concerned.
(b) (c) (d) (2) Any such material may be incorporated in an instrument in whole or in part, and either unmodiﬁed or with such additions, omissions, or variations as are speciﬁed in the instrument.

(4) (3) Any such material so incorporated by reference in an instru­ ment is to be treated for all purposes as forming part of that instrument.
If any amendment to or updating of material incorporated by reference under this section is made, that amendment or up­ dating— (a) does not take effect unless speciﬁed in the instrument concerned; and does not take effect until the date speciﬁed for that pur­ pose in the instrument concerned.
(b) (5) The Director­General must— (a) make available for inspection free of charge, at the head ofﬁce of the Ministry and at such other places as the Director­General determines as necessary or appropri­ 95 Part 4 s 122 Wine Act 2003 Reprinted as at 3 September 2007 (b) ate, copies of all material incorporated in an instrument by reference under this section; and either make copies of that material available for pur­ chase, at a reasonable cost, or advise where copies of the material may be obtained.
Repeals, amendments, savings, and transitional provisions 122 Wine Makers Act 1981 repealed The Wine Makers Act 1981 is repealed, subject to section 129.

123 Wine Makers Levy Act 1976 repealed (1) (2) The Wine Makers Levy Act 1976 is repealed.
Pending the commencement of subsection (1), Makers Levy Act 1976 is amended— (a) by omitting from section 2 the deﬁnitions of wine and wine maker, and substituting the following deﬁnitions: the Wine “wine means grape wine as deﬁned in the Wine Act 2003 “wine maker means a person who, for reward (otherwise than as an employee) or for purposes of trade, makes grape wine” (b) (c) by omitting from section 6(1) the words “holder of a grape wine licence”, and substituting the words “wine maker” by omitting from section 8(2) the words “and the Dis­ trict Licensing Agency”.
(3) Nothing in subsection (1) affects any liability arising before the date of commencement of that subsection.
(4) On the commencement of subsection (1), all the rights, and li­ abilities of the trustee under the Wine Makers Levy Act 1976 are transferred to the Wine Institute of New Zealand Inc (the Institute), and for the purpose of exercising any of those rights or dealing with any of those liabilities the Institute (or its suc­ cessor in title) is deemed to be the same person as the trustee under that Act.
(5) Within 5 working days before the commencement of subsec­ tion (1), the trustee under the Wine Makers Levy Act 1976 must transfer all assets held as trustee to the Institute.

96 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 127 124 Alcohol Advisory Council Act 1976 amended (1) The Alcohol Advisory Council Act 1976 is amended in the manner indicated in Part 1 of Schedule 2 with effect on 1 Janu­ ary 2004.
The Alcohol Advisory Council Act 1976 is amended in the manner indicated in Part 2 of Schedule 2 with effect on the close of 30 June 2004.
(2) 125 Food Act 1981 amended The Food Act 1981 is amended by inserting, after section 8AA, the following section: “8AB Relationship between this Part and Wine Act 2003 The following persons are exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations carried out under a wine standards management plan registered under subpart 1 of Part 2 of the Wine Act 2003: “(a) winemakers (as deﬁned in section 4 of that Act): “(b) makers of wine products (as deﬁned in section 4 of that “(c) Act): any other person who is required to operate under a wine standards management plan under section 12 of that Act.” 126 Privacy Act 1993 amended Part 1 of Schedule 2 of the Privacy Act 1993 is amended by adding the following item: Wine Act 2003 Sections 17, 47, and 73 127 Customs and Excise Regulations 1996 amended (1) Regulation 6 of the Customs and Excise Regulations 1996 (SR 1996/232) is amended by revoking paragraph (a), and substi­ tuting the following paragraph: the storage by or for the manufacturer of wine (as deﬁned in section 4 of the Wine Act 2003) manufactured in New Zealand, where the wine cannot be physically accommodated within the manufacturing area in which it was manufactured:.” “(a) 97 Part 4 s 128 Wine Act 2003 Reprinted as at 3 September 2007 (2) “(f) Form 1 in the Schedule 2 of the Customs and Excise Regulations 1996 is amended by revoking clause 2(f), and substituting the following paragraph: the storage by or for the
 manufacturer of wine (as deﬁned in section 4 of the Wine Act 2003) manufactured in New Zealand, where the wine cannot be physically accommodated within the manufacturing area in which it was manufactured:”.
128 Wine Makers Regulations 1990 revoked The Wine Makers Regulations 1990 (SR 1990/77) are re­ voked, subject to section 129.
129 Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc (1) Despite sections 122 and 128, sections 25 and 26 of the Wine Makers Act 1981 and regulations 11 to 17 and forms 12 to 16 in the Schedule of the Wine Makers Regulations 1990 are deemed to continue in force as if they were regulations made under section 119(1)(d) of this Act.
Regulations made under section 119 may amend, revoke, or replace those sections and regulations accordingly.

(2) (3) Any overseas market access requirements notiﬁed or made available by the Director­General under section 26A of the Wine Makers Act 1981, and any notices given by the Dir­ ector­General under that section, are deemed to have been no­ tiﬁed or made available by the Director­General under section 41 of this Act.
130 Transitional period for wine standards management plans (1) Nothing in this Act requires a winemaker or other person to operate under a registered wine standards management plan before the expiry of the transitional period.

Subsection (1) ceases to apply to operations covered by a wine standards management plan once that plan has been registered and has taken effect.
(2) 98 Reprinted as at 3 September 2007 Wine Act 2003 Part 4 s 132 (3) (4) (5) In this section, transitional period means the period that com­ mences on the date of commencement of subpart 1 of Part 2 and expires— (a) (b) 3 years after that date; or on such other date as may be speciﬁed by Order in Council made under subsection (4) or subsection (5).
The Governor­General may by Order in Council make regu­ lations extending the transitional period provided for in sub­ section (3)(a) (or in subsection (5)) for a further period not exceeding 2 years.

The extended transition period may apply to all wine businesses or operations or some classes only of wine businesses or operations.
The Governor­General may by Order in Council, on the rec­ ommendation of the Minister after consultation in accordance with section 115, make regulations that specify a shorter tran­ sition period than that provided for in subsection (3) or subsec­ tion (4).

The shorter transition period may apply to all wine businesses or operations or some classes only of wine busi­ nesses or operations.
131 Transitional provisions relating to exports and exporters (1) Nothing in this Act requires any person to be registered as an exporter under subpart 3 of Part 2 until 1 July 2004, and no person commits an offence against this Act by reason merely of a failure to register as an exporter before that date.
Regulations made under this Act may provide for the recogni­ tion of certiﬁcates issued under section 25 of the Wine Makers Act 1981 as equivalent to requirements for export under this Act, whether or not subject to conditions.

(2) 132 Transitional provisions relating to fees Despite section 86(1)(a), regulations under this Act may set a fee, charge, or levy that applies in the ﬁnancial year commenc­ ing on 1 July 2003, even if the regulations are not made before the commencement of that year.
99 Schedule 1 Wine Act 2003 Schedule 1 Form of search warrant Reprinted as at 3 September 2007 s 65 100 Reprinted as at 3 September 2007 Wine Act 2003 Schedule 2 Schedule 2 Amendments to Alcohol Advisory Council Act 1976 s 124 1 Amendments in force on 1 January 2004 Alcohol Advisory Council Act 1976 (1976 No 143) Repeal section 2(2D), (3), and (4) and substitute: “(2D) For the purposes of sections 26(2) and 28, and of subsec­ tion (2) of this section, where any wine manufactured in New Zealand is sold to another winemaker for blending with other wine, the wine so sold is deemed to be manufactured by the person who blends it, and not by its original maker.
“(3) For the purposes of section 26(2), and of subsection (2) of this section, the total number of litres of wine manufactured in New Zealand during any statistical year is deemed to be the same as the total number of litres of wine sold by winemakers during that year.
“(4) For the purposes of sections 28 and 29A, the total number of litres of wine sold in New Zealand during any ﬁnancial year is deemed to be the same as the total number of litres of wine sold in New Zealand during the preceding statistical year.” 2 Amendments in force on 30 June 2004 Alcohol Advisory Council Act 1976 (1976 No 143) Omit from section 2(1) the deﬁnition of Wine Institute’s trustee and substitute: “winemaker has the same meaning as in the Wine Act 2003.” Omit section 29A and substitute: “29A Payment and collection of levies in respect of beer, wine, and spirits “(1) All levies payable under this Act in respect of any beer, wine, or spirits are payable to the Customs in addition to any duty payable to the Customs in respect of the beer, wine, or spirits under the Customs and Excise Act 1996.
101 Reprinted as at 3 September 2007 Wine Act 2003 2—continued “(2) For the purposes of subsection (1), the levies are payable to the Customs at the same time as the excise duty or excise equiva­ lent duty is payable under the Customs and Excise Act 1996 in respect of the beer, wine, or spirits concerned.” Repeal section 31.
Repeal section 34 and substitute: “34 Crown may be reimbursed for collection of levies “(1) Subject to subsection (2), for the purpose of reimbursing the Crown for any expenses incurred by the Customs in collecting any levies under this Act, the Customs may retain such per­ centage of every levy collected by it as may be determined by the Minister of Finance after consultation with the Council.
“(2) The amount of any levy retained under subsection (1) must not exceed 5% of the amount of the levies collected by the Customs.
“(3) The Crown is entitled in every ﬁnancial year to recover from the Council out of the fund such sum in respect of the costs incurred by the Director­General of Health in administering this Act as may be determined by the Minister of Finance after consultation with the Council.” 14 October 2002 17 October 2002 19 August 2003 21 October 2003 Legislative history Introduction (Bill 8­1) First reading and referral to Primary Production Committee Reported from Primary Production Committee (Bill 8­2) Second reading, committee of the whole House, third reading 102