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Commodity Levies Act 1990

2: Interpretation

You could also call this:

"What special words mean in the Commodity Levies Act 1990"

Illustration for Commodity Levies Act 1990

When you read the Commodity Levies Act 1990, you need to know what some words mean. An agricultural product is something that grows in the soil. An animal is any living thing, even tiny ones like bacteria and viruses.

You also need to know what a commodity is - it can be a product from a farm, forest, or even something mined from the ground. A farmed product comes from animals that people raise, like cows or bees. A forestry product comes from trees.

The Act also talks about levy orders, which are made under section 4. It explains what an industry organisation is - a group that gets money from a levy order. The Minister is a person in charge of the government.

When you hear about a support referendum, it means a vote on whether to approve a levy on a commodity. You are a participant if you vote in this referendum. If you vote yes, you are a supporter.

The Act says a commodity can belong to more than one group, like being both a farmed and agricultural product. If an industry organisation buys something with levy money, that thing is treated as if it was bought with levy money too.

If an organisation sells something it bought with levy money, the money it gets is treated as levy money.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM226679.

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Business > Industry rulesEnvironment and resources > Farming and fishing
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2Interpretation

  1. In this Act, unless the context otherwise requires,—

    agricultural product means a product of the cultivation of the soil

      animal means any member of the animal kingdom; and includes a bacterium and a virus

        auditor means a person for the time being appointed under subsection (1) or subsection (2) of section 15

          commodity means any agricultural, farmed, forestry, horticultural, mineral, or wild product

            farmed product means a product that is, or is part of or produced by, animals farmed, fattened, kept, raised, or used, for the purpose of—and includes beeswax, honey, and honeydew

            1. the production of the product (whether the production of the product is a principal, subsidiary, or incidental purpose); or
              1. the production of some other farmed product;—

                forestry product means a product that is, or is part of or produced by, trees

                  hold includes cause to be held

                    horticultural product means a product that is, or is part of or produced by, plants grown or growing—

                    1. in gardens, greenhouses, shadehouses, or orchards; or
                      1. hydroponically

                        industry organisation means a body corporate to which a levy is payable under a levy order; and, in relation to—means the industry organisation to which the levy concerned is payable under the order

                        1. a levy order; or
                          1. a commodity on which a levy is imposed by a levy order,—

                            levy order means an order under section 4

                              mineral product means a product that is, or is refined or extracted from, minerals (whether the minerals concerned are, or are found in or beneath,—

                              1. land or water; or
                                1. the bed of the sea, or of any stream, river, or lake)

                                  Minister means a Minister of the Crown

                                    participant, in relation to a support referendum, means a potential levy payer who returned, in accordance with the requirements of the organisation holding the referendum, a ballot paper—distributed or made available for the purpose by or on behalf of that organisation

                                    1. whether completed or not; and
                                      1. if completed, whether completed validly or invalidly,—

                                        plant means any member of the plant kingdom; and includes an alga and a fungus

                                          potential levy payer, in relation to a support referendum, means a person who, when the referendum is held, would be one of the persons primarily responsible for paying the proposed levy to which the referendum relates if there were then in force a levy order imposing that levy

                                            support referendum means a referendum on whether to approve a proposal that a levy, payable to an organisation, should be imposed on a commodity

                                              supporter, in relation to a support referendum, means a participant who returned a valid ballot paper supporting the imposition of the levy concerned

                                                thing includes any place, premises, or site, (for example an apiary)

                                                  wild product means an animal or plant product (whether fossilised or not) that is—in farms, forests, gardens, orchards, waters, or the wild.

                                                  1. gathered or harvested; or
                                                    1. part of or produced by an animal or plant captured, gathered, harvested, or killed,—

                                                    2. For the avoidance of doubt, it is hereby declared that a commodity may belong to 2 or more of the following classes of commodity: agricultural product, farmed product, forestry product, horticultural product, mineral product, and wild product.

                                                    3. Where an industry organisation acquires or builds up any asset with, out of, or by virtue of spending, money paid to it under a levy order as levy, this Act shall have effect—

                                                    4. in relation to any other asset it acquires in exchange or part exchange for that asset, as if that other asset has also been acquired or built up with, out of, or by virtue of spending, money paid as a levy; and
                                                      1. in relation to any money it acquires in exchange or part exchange for that asset, as if that money has been paid to the organisation under a levy order as levy.

                                                        1. Repealed
                                                        Notes
                                                        • Section 2(1) hold: inserted, on , by section 2(2) of the Commodity Levies Amendment Act 1993 (1993 No 151).
                                                        • Section 2(1) participant: inserted, on , by section 2(2) of the Commodity Levies Amendment Act 1993 (1993 No 151).
                                                        • Section 2(1) potential levy payer: inserted, on , by section 2(2) of the Commodity Levies Amendment Act 1993 (1993 No 151).
                                                        • Section 2(1) support referendum: inserted, on , by section 2(2) of the Commodity Levies Amendment Act 1993 (1993 No 151).
                                                        • Section 2(1) supporter: inserted, on , by section 2(2) of the Commodity Levies Amendment Act 1993 (1993 No 151).
                                                        • Section 2(1) thing: inserted, on , by section 2 of the Commodity Levies Amendment Act 1995 (1995 No 85).
                                                        • Section 2(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).