Dairy Industry Restructuring (New Sunset Provisions) Amendment Act 2011

1: Title
This Act is the Dairy Industry Restructuring (New Sunset Provisions) Amendment Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dairy Industry Restructuring Act 2001 2011-05-18 Dairy Industry Restructuring Act 2001
4: Offences
Section 118(1) ; or
c: fails, without reasonable excuse, to comply with any requirement of section 147(4)
5: New sections 147 to 149 substituted
Sections 147 to 149
147: Minister to certify that market share thresholds met
1: Subsection (2) subsection (4)
a: 20% or more of milksolids on or from dairy farms in the North Island of New Zealand in a season; or
b: 20% or more of milksolids on or from dairy farms in the South Island of New Zealand in a season.
2: If this subsection applies, the Minister must, as the case may be, sign a certificate that states that—
a: the market share threshold for the North Island of New Zealand has been met; or
b: the market share threshold for the South Island of New Zealand has been met; or
c: the market share thresholds for the North Island of New Zealand and the South Island of New Zealand have been met.
3: A certificate signed by the Minister stating that 1 or both market share thresholds have been met—
a: is conclusive evidence of that fact; and
b: must be published—
i: in the Gazette
ii: on the Ministry's Internet site.
4: For the purposes of subsection (1)
a: must, in the form prescribed by the chief executive by notice in the Gazette
i: the North Island of New Zealand in each season; and
ii: the South Island of New Zealand in each season; and
b: must, if requested by the Minister, provide the information specified in paragraph (a)
i: in the case of a season that has ended, within 30 days after the request; and
ii: in the case of a season that is yet to end, within 30 days after the end of the season.
5: For the purposes of this section, dairy farm
148: Subpart ceases to apply to island that meets its market share threshold
1: If the Minister has signed a certificate under section 147
a: request a report on the state of competition in the New Zealand dairy industry from—
i: the Commerce Commission; or
ii: any other relevant government agency; and
b: determine the terms of reference for the report; and
c: publish the terms of reference on the Ministry's Internet site.
2: The terms of reference must, in addition to any other matters that the Minister considers appropriate,—
a: specify the date by which the report must be completed, which must be a date within 365 days after the date of a request made under subsection (1)(a)
b: specify the scope of the report, having regard to—
i: the structure of the New Zealand dairy industry; and
ii: any specific competition concerns in any specified New Zealand dairy markets; and
c: specify the person or persons in the dairy industry who must be consulted and the method of consultation; and
d: require the Commerce Commission or other relevant government agency (as the case may be) to ascertain—
i: the state of competition that exists in the New Zealand dairy industry; and
ii: if the Commerce Commission or other relevant government agency (as the case may be) determines that the state of competition in the New Zealand dairy industry or any specified New Zealand dairy market or markets is insufficient,—
A: whether either or both of the market share thresholds specified in section 147
B: the options for a transition pathway to deregulation (if any) and whether a particular option or a set of options (if any) should be pursued.
3: The Minister must, within 90 days after receiving the report, give, in the Gazette section 147
4: Regardless of the Minister's response to the report, if notice is given under subsection (3)
a: in the case of one island meeting its market share threshold under section 147
b: in the case of both islands meeting their market share thresholds under section 147 subsection (3)
5: If the Governor-General makes an Order in Council under subsection (4)(a) section 147
6: An Order in Council made under subsection (4) or (5)
a: must specify the date on which this subpart (apart from any exceptions) ceases to apply to the relevant island or islands (as the case may be), which may be no later than the end of the season that begins after the date on which the Order in Council is made; and
b: must come into force on or before the date specified in paragraph (a)
c: may not be amended or revoked (except under section 16 of the Acts and Regulations Publication Act 1989).
7: Any failure to comply with subsection (2) or (3) subsection (4) or (5)
8: To avoid doubt,—
a: if the Minister requests a report from the Commerce Commission under subsection (1)
b: consultation, other than the consultation specified in subsection (1) or (2)
c: the report and its contents are not binding on the Crown:
d: if, in relation to subsection (4)(b) or (5) subsection (1)
e: nothing in this section is intended to—
i: create any rights or protections in relation to any person or group of persons; or
ii: confer any rights or protections on any person or group of persons.
9: For the purposes of this section, other relevant government agency
148A: Report required if not requested before 1 June 2015
1: This section applies if the Minister has not requested a report under section 148
2: If this section applies,—
a: the Minister must, as soon as practicable and in consultation with the Minister of Commerce,—
i: request a report under section 148(1)(a)
ii: comply with section 148(1)(b) and (c), (2), and (3)
b: section 148(8)(a) to (c) and (e) paragraph (a)
148B: Procedure where market share threshold is met after report requested under section 148A
1: This section applies if the Minister has requested a report under section 148A section 147
2: If the report requested under section 148A
a: has not been completed before the Minister signs the certificate under section 147
i: the report must be completed in accordance with section 148A
ii: section 148(4) to (8)
b: has been completed before the Minister signs the certificate under section 147
i: the Minister may not request another report under section 148 or 148A
ii: the Minister must, within 90 days after signing the certificate, give notice, in the Gazette section 147
iii: section 148(4) to (8)
149: Subpart expires if both islands meet their market share thresholds
1: This subpart (except section 134) expires on the date that this subpart—
a: ceases to apply to the North Island of New Zealand; and
b: ceases to apply to the South Island of New Zealand.
2: Section 134 expires 2 years after the date that this subpart ceases to apply to both the North Island of New Zealand and the South Island of New Zealand.
3: Regulations made under section 115 or 116 are revoked on the expiry of this subpart (except section 134).