Temporary Safeguard Authorities Act 1987

1: Short Title
This Act may be cited as the Temporary Safeguard Authorities Act 1987.
2: Interpretation
In this Act, unless the context otherwise requires,— Authority section 3 directly competitive goods duty section 2 industry
a: the New Zealand producers of like goods and directly competitive goods; or
b: such New Zealand producers of like goods and directly competitive goods whose collective output constitutes a major proportion of the New Zealand production of those goods like goods
a: other goods that are like those goods in all respects; or
b: in the absence of goods referred to in paragraph (a), goods which have characteristics closely resembling those goods Minister rate of duty section 2 serious injury tariff section 2 working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
b: a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and
c: if 1 January falls on a Friday, the following Monday; and
d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
e: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday WTO Agreement Section 2 substituted 1 January 1995 section 2 Temporary Safeguard Authorities Amendment Act 1994 Section 2 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
3: Establishment of Authorities
1: The Minister may from time to time appoint such persons as the Minister thinks fit to be Temporary Safeguard Authorities for the purposes of this Act.
2: Any person appointed as an Authority or as a member of an Authority shall be appointed for such term, not exceeding 3 years, as may be specified in the instrument of appointment of that Authority, and may from time to time be reappointed, or may at any time be removed from office by the Minister for inability to perform the functions of the office
3: No person appointed under this section shall exercise any functions of an Authority in respect of any matter in which that person has, directly or indirectly, any pecuniary interest apart from any interest in common with the public.
4: No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 Government Superannuation Fund Act 1956
5: The Ministry of Economic Development Section 3(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 3(4) amended 1 April 1988 section 88(2) State Sector Act 1988 Section 3(5) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 3(5) amended 1 December 1988 section 4(1) Trade and Industry Act Repeal Act 1988
4: Authority to have certain powers of commission of inquiry
For the purposes of an inquiry pursuant to section 5(1) sections 4A 4B 4C 4D 5 6 7 8 9
5: Reference of matters to Authority
1: Where it appears to the Minister that the importation of any goods has caused or may cause serious
a: whether the industry has suffered or is likely to suffer serious section 6
b: if the industry has suffered or is likely to suffer such injury,—
i: whether urgent action is necessary to protect the industry in relation to the importation of the goods; and
ii: if such action is considered necessary, the nature of the protection that is considered by the Authority to be appropriate in all the circumstances, and the extent and duration of such protection.
2: The Minister shall cause every request made to an Authority under subsection (1) to be published in the Gazette
3: Subject to section 3(3)
4: The Authority shall, in such manner as it thinks fit, call for submissions from persons having an interest in the matters that are the subject of the inquiry and may specify a date by which any submissions must be received by the Authority.
5: The Authority shall, in the course of the inquiry, consider any submissions received in response to a call for submissions made pursuant to subsection (4).
6: Unless the information is confidential or may be withheld under the Official Information Act 1982
7: Where a person has submitted information to the Authority, and has shown good cause for the Authority to believe—
a: that the information would be of significant competitive advantage to a competitor of, or the disclosure of the information would have a significantly adverse effect upon,—
i: the person who submitted the information; or
ii: the person from whom the information was acquired by the person who submitted the information; or
iii: any person to whom the information relates; or
b: that the information should otherwise be treated as confidential,— the Authority shall not disclose that information, whether in a report under section 7
8: The Authority may request persons who have submitted confidential information to provide—
a: a non-confidential summary of the information; or
b: if it is claimed that the information is not susceptible of such a summary, a statement of the reasons why such a summary cannot be provided,— and the Authority may disregard any information in respect of which the person submitting it fails to provide either a satisfactory summary or satisfactory reasons why such a summary cannot be provided. Section 5(1) amended 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 5(1) amended 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 5(1)(a) amended 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 5(6) added 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 5(7) added 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 5(8) added 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994
6: Matters to be evaluated and taken into account by Authority
1: In determining for the purposes of section 5(1)(a)
a: the rate and amount of the increase in the volume and value of imports of the goods, in absolute and relative terms:
b: the economic impact of the increased importation of the goods on the industry, including actual and potential decline in output, sales, market share, profits, productivity, employment, and utilisation of production capacity:
c: factors other than the imports which have injured, or are injuring, the industry:
d: the nature and extent of importations of the goods, including the value, quantity, frequency, and purpose of the importation, by New Zealand producers of like or directly competitive goods.
2: The Minister may cause a statement of Government policy (which may include policies relating to international obligations) to be transmitted to the Authority, and shall publish that statement in the Gazette
3: The Authority shall take into account any statement transmitted to it under subsection (2) in its report to the Minister under section 7 Section 6 substituted 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994
7: Report by Authority
1: An Authority which undertakes an inquiry under section 5
2: An Authority may report to the Minister that urgent action is necessary in relation to the importation of goods only if it is satisfied, having regard to the matters set out in section 6(1)
a: the importation of the goods is causing or will cause serious injury to the industry; and
b: that serious injury is not attributable to factors other than the importation of the goods; and
c: it is not practicable for the industry to reduce the injury resulting from the importation by other measures of adjustment to such extent that urgent action would be unnecessary.
3: If the Authority reports that urgent action is necessary to protect the industry from serious injury in relation to the importation of the goods, it may recommend that any or all of the following measures be taken, if such measures are not incompatible with New Zealand's obligations as a party to the WTO Agreement:
a: the imposition of any duty, or variation of any rate of duty, or exemption from any duty:
b: the restriction of the importation of the goods under the Customs and Excise Act 1996 Imports and Exports (Restrictions) Act 1988
c: any other action it considers appropriate.
4: In making any recommendation, the Authority shall also report what should be the rate, extent, and duration of any measures recommended by the Authority, as long as such rate, extent, and duration are not incompatible with New Zealand's obligations as a party to the WTO Agreement.
5: The Authority shall, as soon as practicable after making its report to the Minister, cause the report to be published. Section 7 substituted 1 January 1995 Temporary Safeguard Authorities Amendment Act 1994 Section 7(3)(b) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 7(3)(b) amended 8 July 2003 section 11 Imports and Exports (Restrictions) Amendment Act 2003
8: Remuneration and travelling expenses
1: Every Authority established under this Act is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There shall be paid to members of Authorities remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
9: Money to be appropriated by Parliament for the purposes of this Act
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.
10: Proceedings privileged
1: No proceedings, civil or criminal, shall lie against an Authority for anything it may do or fail to do in the course of the exercise or intended exercise of its functions, unless it is shown that the Authority acted without reasonable care or in bad faith.
2: No proceedings, civil or criminal, shall lie against any person who is an Authority, or any officer of an Authority, for anything that person may do or say or fail to do or say in the course of the operations of the Authority, unless it is shown that that person acted in bad faith.
11: Consequential amendments
Amendment(s) incorporated in the Act(s).
12: Repeals and savings
1: The enactments set out in the Schedule
2: The provisions of sections 10A to 10E of the Industries Development Commission Act 1961