Primary Products Marketing Act 1953

1: Short Title
This Act may be cited as the Primary Products Marketing Act 1953.
2: Interpretation
In this Act, unless the context otherwise requires,— Marketing Authority Minister primary product
a:
b: bee keeping; or
c: fruit growing; or
d: hop growing; or
e: deer farming or game deer; or
f: goats, being the hair, bristles, or fibres of all kinds grown by the goat. Section 2 dairy produce repealed 9 September 1954 Primary Products Marketing Amendment Act 1954 Section 2 primary product replaced 9 October 1975 Primary Products Marketing Amendment Act 1975 Section 2 primary product repealed 1 January 1983 Pork Industry Board Act 1982 Section 2 primary product replaced 12 December 1983 Primary Products Marketing Amendment Act 1983 Section 2 primary product replaced 12 December 1983 Primary Products Marketing Amendment Act 1983 Section 2 primary product inserted 12 December 1983 Primary Products Marketing Amendment Act 1983
3: Regulations
1: For the purpose of providing for the marketing of primary products, and generally for the purpose of enabling the producers of primary products to control the marketing of the products that they produce, the Governor-General, on the recommendation of the Minister, may from time to time, by Order in Council, make all such regulations as may be considered necessary.
2: In particular, but without in any way limiting the generality of the authority conferred by subsection (1), regulations may be made under this section for all or any of the following purposes:
a: establishing Marketing Authorities and defining their functions:
aa: limiting the powers of Marketing Authorities:
ab: giving Marketing Authorities additional powers:
b: providing for the appointment of members of Marketing Authorities, whether pursuant to an election or otherwise:
c: providing for the elections of members of Marketing Authorities:
d: providing for such matters in relation to the membership and the management of the affairs of Marketing Authorities as may be considered necessary:
e: providing for the appointment of committees or subcommittees of Marketing Authorities and for the delegation of powers to any such committees or subcommittees:
f: providing for the acquisition of primary products by Marketing Authorities and for the marketing, whether in New Zealand or elsewhere, of primary products so acquired:
g: providing for all such matters relating to the prices to be paid and the method of payment for primary products acquired by Marketing Authorities as may be considered necessary:
h: providing for the regulation and control by Marketing Authorities of the marketing and distribution of primary products, whether or not those products have been acquired by a Marketing Authority:
i: providing for the appointment of agents by Marketing Authorities:
j: prescribing conditions to be observed by persons engaged in the production of primary products:
k: providing for the licensing of persons engaged in the production, sale, storage, or distribution of primary products and for the conditions subject to which licences may be granted, refused, transferred, renewed, or revoked:
ka:
kb:
kc:
l: providing for the imposition, payment and disposition of levies on primary products, and, in the case of bee keeping, on hives
m: providing for the payment of fees in respect of functions exercised by Marketing Authorities:
n: providing for the receipt and disposition of any moneys or assets of Marketing Authorities:
na: providing for the dissolution of any Marketing Authority and for all matters related to such a dissolution:
o: providing for the establishment of accounts by Marketing Authorities and for special funds or reserves within any such account:
p: prohibiting the sale of primary products except in accordance with the provisions of the regulations:
q: obtaining any information or particulars that may be required for the purposes of Marketing Authorities:
r: prescribing offences against the regulations and the penalties for any such offences.
3: The Minister shall not recommend the making of any regulations under this Act establishing a Marketing Authority unless he is satisfied, on such evidence as he considers adequate, that a majority of the persons engaged in the production of the primary product to which the proposed regulations relate are in favour of the establishment of a Marketing Authority in respect of that product.
4:
5: Any regulations made under this Act may apply generally throughout New Zealand or within any specified district or districts or part or parts thereof.
6:
7: Where regulations made under this Act provide for the payment of a levy to a Marketing Authority, they may also—
a: require every person liable to pay the levy, or every person of any kind or description liable to pay the levy, to keep (in relation to that person, or in relation to that person and some other matter or thing) at a registered bank within the meaning of the Banking (Prudential Supervision) Act 1989
b: require every person required to keep a trust account to—
i: ensure that it is so named as to identify the person (and, where appropriate, the matter or thing in respect of which it is kept) and that it is a trust account kept for the purposes of this subsection; and
ii: pay amounts into it; and
c: require every person required to keep a trust account to take all practicable steps to ensure that—
i: it is used only for holding amounts required by the regulations to be paid into it; and
ii: the balance in it on any day is not less than an amount calculated or ascertained in accordance with the regulations.
8: There is deemed to be held in trust for a Marketing Authority by a person required to keep a trust account—
a: the amount referred to in subsection (7)﻿(c)﻿(ii) held in the account; or
b: where the amount held in the account is less than that amount, all the money in the account.
9: Money in a trust account that is deemed by subsection (8) to be held in trust for a Marketing Authority—
a: is not available for the payment of; and
b: is not liable to be attached or taken in execution at the instance of,— any creditor of the person required to keep the account.
10: Regulations made under this Act may require any person who would otherwise cease to be required to keep a trust account to continue to maintain it until all money required to be paid to the Marketing Authority concerned has been paid to it.
11: Nothing in subsection (10) limits or affects any obligation or liability under regulations made under this Act of any person who has acquired the business of a person who—
a: would otherwise cease to be required by those regulations to keep a trust account; but
b: is required by those regulations to continue to maintain it until all money required to be paid to the Marketing Authority concerned has been paid to it.
12: Regulations under subsection (1)—
a: are secondary legislation ( see Part 3
b: must be presented to the House of Representatives not later than the 16th sitting day after the day on which they are made; and
c: must be confirmed by an Act ( see subpart 3 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 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. Section 3(2)﻿(a) replaced 29 September 1993 Primary Products Marketing Amendment Act 1993 Section 3(2)﻿(aa) inserted 29 September 1993 Primary Products Marketing Amendment Act 1993 Section 3(2)﻿(ab) inserted 29 September 1993 Primary Products Marketing Amendment Act 1993 Section 3(2)﻿(ka) repealed 1 January 1981 Poultry Board Act 1980 Section 3(2)﻿(kb) repealed 1 January 1981 Poultry Board Act 1980 Section 3(2)﻿(kc) repealed 1 January 1981 Poultry Board Act 1980 Section 3(2)﻿(l) replaced 8 November 1974 Primary Products Marketing Amendment Act 1974 Section 3(2)﻿(l) amended 1 January 1981 Poultry Board Act 1980 Section 3(2)﻿(na) inserted 22 October 1981 Primary Products Marketing Amendment Act 1981 Section 3(4) repealed 29 September 1993 Primary Products Marketing Amendment Act 1993 Section 3(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 3(7) inserted 17 December 1997 section 2 Primary Products Marketing Amendment Act 1997 Section 3(7)﻿(a) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 3(8) inserted 17 December 1997 section 2 Primary Products Marketing Amendment Act 1997 Section 3(9) inserted 17 December 1997 section 2 Primary Products Marketing Amendment Act 1997 Section 3(10) inserted 17 December 1997 section 2 Primary Products Marketing Amendment Act 1997 Section 3(11) inserted 17 December 1997 section 2 Primary Products Marketing Amendment Act 1997 Section 3(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Regulations are confirmable instruments
Section 4 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
5: Marketing Authorities to be bodies corporate
Every Marketing Authority is a body corporate, with perpetual succession and a common seal. Section 5 replaced 29 September 1993 Primary Products Marketing Amendment Act 1993
5A: Powers of Marketing Authorities
1: Except as provided in this Act, every Marketing Authority has—
a: the rights, powers, and privileges of a natural person; and
b: the power to issue debentures; and
c: the power to grant floating charges on its undertaking or property, or any of it; and
d: the power to do any other thing it is authorised to do by—
i: this Act; or
ii: the regulations that established it; or
iii: any other enactment; or
iv: any rule of law.
2: A Marketing Authority does not have a power (whether or not it is a power of a natural person) if the regulations that established it provide that it does not have that power.
3: A Marketing Authority does not have a power (whether or not it is a power of a natural person) if the regulations that established it provide that its powers are limited to certain specified powers, or powers of a specified kind or description, that do not include that power.
4: A Marketing Authority shall not exercise any of its rights, powers, or privileges except for the purpose of—
a: performing its functions; or
b: entering into any financial transaction or financial obligation intended to—
i: avoid or lessen any present or possible future risk to the Authority's current or future income or assets; or
ii: lessen any liability of the Authority; or
iii: avoid or lessen any possible future liability of the Authority; or
iv: maximise the Authority's current or future income (whether net or gross).
5: Paragraphs (b) to (d) of subsection (1) do not affect the generality of paragraph (a) of that subsection. Section 5A inserted 29 September 1993 Primary Products Marketing Amendment Act 1993
6: Contracts of Marketing Authorities
1: Subject to subsection (2),—
a: any contract that, if made between private persons, must be by deed shall, if made by a Marketing Authority, be in writing under the Authority's common seal; and
b: any contract that, if made between private persons, must be signed by the parties to be charged therewith shall, if made by a Marketing Authority, be either—
i: under the Authority's common seal; or
ii: signed by a person acting on behalf of and with the express or implied authority of the Authority; and
c: any contract that, if made between private persons, may be made orally, may be similarly made by or on behalf of a Marketing Authority by any person acting on behalf of and with the express or implied authority of the Authority.
2: Notwithstanding subsection (1),—
a: no contract made by or on behalf of a Marketing Authority shall be invalid by reason only that it was not made in a manner provided by that subsection, if it was made pursuant to a resolution of the Authority or to give effect to a resolution of the Authority; and
b: a Marketing Authority may, by writing under its common seal, empower any person, either generally or in respect of any specified matter, to execute on its behalf in any place in or beyond New Zealand, instruments under or for the purposes of this Act; and an instrument executed by such an attorney on behalf of the Authority,—
i: shall bind the Authority; and
ii: if executed as a deed, shall have effect as if it were under the Authority's common seal. Section 6 replaced 29 September 1993 Primary Products Marketing Amendment Act 1993
7: Appointment of officers
1: A Marketing Authority may appoint such officers as it deems necessary for the efficient carrying out of its functions and duties.
2: Any person in the service of the Crown may be appointed to be an officer of a Marketing Authority, but no person shall be entitled to hold office concurrently as an officer of a Marketing Authority and as a servant of the Crown except—
a: in the case of a person subject to the Public Service Act 2020
b: in any other case, with the consent of the Minister of the Crown to whose control he is subject. Section 7(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020
8: Marketing Authorities may subsidise superannuation schemes for staff
A Marketing Authority may, out of its funds, subsidise, for the purpose of providing superannuation or retiring allowances for the members of its staff or any of them, any fund or scheme. Section 8 replaced 30 March 1987 Primary Products Marketing Amendment Act 1987
9: Remuneration and travelling expenses
A Marketing Authority may pay to its members, and to the members of any committee or subcommittee of the Marketing Authority, such fees, salary, allowances, and travelling allowances and expenses, as the Marketing Authority by resolution from time to time determines. Section 9 replaced 11 June 1985 Primary Products Marketing Amendment Act 1985
10: Borrowing by Marketing Authority
Section 10 repealed 29 September 1993 Primary Products Marketing Amendment Act 1993
11: Annual report and accounts to be presented to Parliament
1: Every Marketing Authority shall, in each year, as soon as practicable after the date of the end of its financial year, furnish to the Minister a report of its proceedings and operations for the year ended on that date, together with a copy of its audited
2: The date of the end of the financial year of each Marketing Authority shall be prescribed by the regulations establishing that Authority.
3: A copy of the report and of the audited accounts shall be laid before the House of Representatives Section 11(1) amended 23 December 1977 Primary Products Marketing Amendment Act 1977 Section 11(3) replaced 23 December 1977 Primary Products Marketing Amendment Act 1977 Section 11(3) amended 1 January 1987 section 27 Constitution Act 1986
12: Auditor-General to be auditor of Marketing Authority
Every Marketing Authority is a public entity as defined in section 4 Section 12 replaced 1 July 2001 section 53 Public Audit Act 2001
13: Investments
Section 13 repealed 29 September 1993 Primary Products Marketing Amendment Act 1993
14: Offences
1: Every person who commits or attempts to commit or does any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit any offence against any regulations made under this Act for which no specific penalty is prescribed in the regulations shall be liable on
2: No penalty in excess of that provided in subsection (1) shall be prescribed in any regulations under this Act. Section 14(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
15: Protection of persons acting under authority of this Act or of regulations thereunder
Except as otherwise expressly provided in regulations under this Act, no action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Crown, or any officer or person acting in the execution or intended execution of this Act or any regulations thereunder for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of anything done or purporting to be done under the authority of this Act or of any regulations thereunder.
16: Marketing Authority exempt from taxation
Section 16 repealed 31 July 1989 Land Tax Amendment Act 1989
17: Marketing Authority to comply with trade policy and directions of Government
In the exercise of its functions and powers, a Marketing Authority shall comply with the general trade policy of the Government of New Zealand, and shall comply with any general or special directions given by the Minister to the Marketing Authority pursuant to the policy of the Government in relation thereto.