International Energy Agreement Act 1976

1: Short Title
This Act may be cited as the International Energy Agreement Act 1976.
2: Interpretation
In this Act, unless the context otherwise requires,— engine fuel section 1B International Energy Agency International Energy Agreement Schedule Minister petroleum
a: any naturally occurring hydrocarbon whether in a liquid or solid state; and
b: any naturally occurring mixture of hydrocarbons whether in a liquid or solid state; and
c: any naturally occurring mixture of 1 or more hydrocarbons whether in a liquid or solid state, and 1 or more of the following, namely, hydrogen sulphide, nitrogen, helium, or carbon dioxide— and includes petroleum products; but does not include coal or natural gas petroleum products production produce undertaking Section 2 engine fuel inserted 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 2 Minister substituted 2 January 1990 section 5 Energy (Fuels, Levies, and References) Act 1989
3: Proclamation of petroleum emergency
1: If at any time it appears to the Governor-General that New Zealand's obligations under the International Energy Agreement require the taking of emergency measures to deal with a reduction or threatened reduction of petroleum supplies, he may, by Proclamation approved in Executive Council, declare that a petroleum emergency exists throughout New Zealand.
2: The Governor-General may, in like manner, revoke a declaration under subsection (1) when he is satisfied that the said obligations do not for the time being require the further exercise of the powers given by this Act to make regulations or the continued existence of the powers contained in those regulations.
3: A Proclamation made under subsection (1) or (2) is secondary legislation ( see Part 3
4: Upon a Proclamation under subsection (2) coming into operation, all regulations made under section 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
4: Emergency regulations as to petroleum
1: The Governor-General may—
a: while a Proclamation of petroleum emergency under section 3(1)
b: after he has been informed by the Minister that the Minister has held appropriate consultations,— by Order in Council, make regulations controlling, regulating, prohibiting, or otherwise making provision as to the production, acquisition, distribution, supply, or use of petroleum or engine fuel
c: restrain demand for, or reduce consumption of, petroleum or engine fuel
d: ensure the supply of petroleum or engine fuel
2: Regulations made under subsection (1) may authorise the Minister, after he has consulted with such persons or bodies as he thinks appropriate, to give, or revoke or vary, directions—
a: to any person carrying on an undertaking in the course of which he produces petroleum or engine fuel
b: to any person carrying on an undertaking in the course of which he acquires, supplies, or distributes petroleum or engine fuel
c: to any person carrying on an undertaking which involves the use of petroleum or engine fuel
3: Without restricting the generality of subsection (2)﻿(b), regulations made under that subsection may authorise the giving of a direction which—
a: prohibits or restricts the acquisition, supply, or distribution of petroleum or engine fuel
b: requires the supply or distribution of petroleum or engine fuel
4: For the purpose of subsection (1)﻿(b) appropriate consultations or engine fuel
5: Regulations under this section are secondary legislation ( see Part 3
6: If regulations under this section authorise the Minister to give, revoke, or vary directions ( see also section 5(4)
a: the directions, revocation, or variation are secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(1)﻿(c) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(1)﻿(d) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)﻿(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)﻿(c) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(3)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(3)﻿(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(4) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Further provisions as to regulations
1: No regulation made under section 4(1)
2: Regulations made under section 4(1)
a: provide that a person acting in compliance with any such regulations, or with any direction or other instrument made thereunder, shall not be liable or held to account for contravening or failing to satisfy, whether in whole or in part, the requirements of any other enactment or of any contractual obligation relating to, or involving, the production, acquisition, distribution, supply, or use of petroleum or engine fuel
b: make any incidental, supplementary, or transitional provision which is necessary or expedient for carrying out the purposes of this Act:
c: require the payment of fees in connection with any matter which may be controlled or regulated under this Act and may prescribe the amount and incidence of those fees:
d: provide that a contravention or failure to comply therewith, or with any provision made thereunder, shall be an offence and prescribe penalties for offences not exceeding a fine of $10,000.
3:
4: Nothing in sections 4(2) 6 7 Section 5(2)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 5(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Maintenance of reserve supplies of petroleum
1: Subject to section 8(1) or engine fuel
2: Subject to subsection (4), the Minister may, in pursuance of subsection (1)—
a: direct any person referred to in that subsection to make such arrangements with respect to his New Zealand stocks of petroleum or engine fuel
i: enable those stocks to be brought within a specified time to, and thereafter maintained at, a specified level; and
ii: ensure that they do not fall below that level, except as may be permitted by the terms of the direction or by authority of the Minister:
b: in the case of any person referred to in the said subsection (1) who is a supplier to the New Zealand market, direct him to create New Zealand stocks of petroleum or engine fuel
3: In giving such directions, the Minister shall have regard in particular to—
a: the quantities of petroleum or engine fuel
b: the extent to which petroleum produced or supplied by the undertaking is, or will be won under the authority of licences granted under the Petroleum Act 1937 or the Crown Minerals Act 1991
4: Before giving a direction under subsection (2) the Minister shall notify the substance of the proposed direction to the person to whom he proposes to give it and shall afford him a reasonable opportunity to make representations. Any such direction shall allow the person to whom it is given a reasonable time for complying with it.
5: In this section specified Gazette section 8(1)
a: the cases and circumstances in which stocks (in New Zealand or elsewhere) are to be treated, in relation to any person, as his New Zealand stocks:
b: the extent to which stocks of a particular kind are to count towards compliance with a direction specifying stocks of another kind:
c: the method by which quantities are to be measured for different purposes.
6: Any person who without reasonable excuse contravenes or fails to comply with a direction given to him under subsection (2) commits an offence against this Act and is liable on Section 6(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(2)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(2)﻿(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(3)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(3)﻿(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Power to obtain information
1: The Minister may give any direction under subsection (2) to a person who in the course of an undertaking carried on by him produces, acquires, distributes, supplies, or uses petroleum or engine fuel
2: The Minister may, in pursuance of subsection (1), direct any person carrying on an undertaking—
a: to keep such books, accounts, and records relating to petroleum or engine fuel
b: to furnish, as and when specified by the Minister, returns and information relating to petroleum or engine fuel
c: to furnish, as and when specified by the Minister, information and forecasts relating to the undertaking itself or its activities.
3: Any person who without reasonable excuse contravenes or fails to comply with a direction given to him under subsection (2) commits an offence against this Act and is liable on
4: Any person who in compliance or purported compliance with a direction given under subsection (2) makes, or causes to be made on his behalf, a statement which he knows to be false or does not believe to be true commits an offence against this Act and is liable on
5:
6: Section 7(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(2)﻿(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(2)﻿(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(5) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 7(6) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987
8: Further provisions as to directions under sections 6 and 7
1: No direction shall be given by the Minister under subsection (2) of section 6 to any person referred to in subsection (1) of that section unless that person in the course of all undertakings carried on by him has had in New Zealand under his control in the 12 months preceding the giving of the direction an aggregate of more than 50 000 tonnes of any combination of petroleum and engine fuels
2: A direction under sections 6(2) 7(2)
a: by delivering it to the person to whom it is to be given; or
b: by leaving it at the usual or last known place of residence or business of that person; or
c: by sending it in a registered letter addressed to that person at his usual or last known place of residence or business; or
d: in the case of an incorporated company or body, by delivering it to the person appearing to be in charge of the registered or principal office of the company or body, or sending it in a registered letter addressed to the secretary or principal executive officer of the company or body at that office.
3: Any direction which is sent to a person by registered letter shall, until the contrary is proved, be deemed to have been received by him, and to have been received at the time when it would have been delivered in the ordinary course of post. In proving such receipt for the purposes of this section, it shall be sufficient to prove that the registered letter was properly addressed and posted and that the postage was paid thereon.
4: Regulations made under section 4(1) Section 8(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008
9: Power of entry
1: Subject to subsection (2), a person authorised in writing by the Minister may, on production of his authorisation (if so required), enter any premises, vehicle, or vessel for the purpose of—
a: securing compliance with directions given under section 6 section 7
b: checking estimates and forecasts or verifying returns and information provided pursuant to the said section 7 and may while on such premises, vehicle, or vessel make such enquiries and inspections, and purchase or take such samples of any substance, as are allowed by the terms of his authorisation.
2: The power of entry set out in subsection (1)—
a: shall not apply to premises used only as a dwelling; and
b: may be exercised only at reasonable hours and after reasonable notice has been given to the occupier of the proposed entry.
3: section 4(1) Section 9(3) amended 1 October 2012 section 320 Search and Surveillance Act 2012
10: Liability of directors, etc, where offence committed by body corporate
Where any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director, every person concerned in the management of the body corporate, and every person purporting to be a director or to be concerned as aforesaid shall be guilty of a like offence if it is proved that the act or omission which constituted the offence was committed or took place with his authority, permission, or consent.
11: Search warrants
1: If an offence created by or under this Act has been committed or is suspected of having been committed (notwithstanding that the offence is not punishable by imprisonment), any person authorised in writing by the chief executive may exercise the powers of a constable to apply for a warrant under section 6
2: Subparts 1 3 6 7 9 10
3: For the purposes of this section, chief executive Section 11 replaced 1 October 2012 section 321 Search and Surveillance Act 2012