Plain language law

New Zealand law explained for everyone

Commodity Levies Act 1990

Miscellaneous provisions

15: Compliance audits

You could also call this:

"Checks to make sure people are following the rules about commodity levies"

Illustration for Commodity Levies Act 1990

While a levy order is in force, the Minister can appoint an auditor to check the affairs of people collecting the levy or those who have to pay it. You might wonder who can be appointed as an auditor - the Minister can choose someone to do this job if the industry organisation asks for it. The auditor must be a qualified auditor, which means they must meet the requirements set out in section 35 of the Financial Reporting Act 2013.

The Minister can also appoint an auditor if there is a dispute and a mediator has been appointed to help resolve it. When the Minister appoints an auditor, they cannot choose someone who works for an industry organisation, someone who collects levies, or someone who has to pay a levy.

If you are appointed as an auditor, you will get paid by the industry organisation, and the amount you get paid will be decided according to the levy order.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM227341.

Topics:
Business > Industry rulesMoney and consumer rights > Taxes
Previous

14: Levy orders to provide for records to be kept, or

"Rules for keeping track of levy payments and records"

Next

16: Purpose of compliance audits, or

"Checking people pay the right amount of levy and keep correct records"

Part 2Miscellaneous provisions

15Compliance audits

  1. While a levy order is in force, the Minister who recommended its making may, at the request of the industry organisation, appoint 1 or more auditors to conduct an audit of the affairs of all or any of the following:

  2. some or all of the persons collecting the levy:
    1. some or all of the persons who are or may be liable to pay the levy (whether or not as persons primarily responsible for paying it):
      1. both.

        1. While a levy order is in force, the Minister who recommended its making may, if a mediator has been appointed to resolve a dispute, appoint an auditor to conduct an audit of the affairs of all or any of the persons involved in the dispute.

        2. No person is qualified for appointment as an auditor unless the person is a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).

        3. No officer or employee of any of the following persons or organisations shall be appointed an auditor:

        4. any industry organisation:
          1. any person engaged in the collection of levies under the levy order concerned:
            1. any person who is or may be liable to pay a levy under the levy order concerned.

              1. Every person appointed as an auditor shall be entitled to remuneration (paid by the industry organisation concerned) as provided in the relevant levy order.

              Notes
              • Section 15(3): replaced, on , by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).