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Commodity Levies Act 1990

Miscellaneous provisions

18: Assessment of performance of industry organisations

You could also call this:

"Checking if industry organisations are doing a good job with levy money"

Illustration for Commodity Levies Act 1990

When you look at how well an industry organisation is doing its job, you consider a few things. You think about whether they are following the rules and using the money they get from levies in a smart and efficient way. You also think about whether the people who are paying the levies are getting any benefits from it. You want to know if the organisation is doing a good job with the money they get. If the Minister is worried about how an industry organisation is performing, they can appoint someone to check on them.

The Minister can choose someone to review the organisation's performance if they are not sure it is good enough or if the people paying the levies are concerned. The person reviewing the organisation has the power to do their job properly, just like an auditor, and must follow certain rules, such as those outlined in section 17, sections 15(5), and 24. The Minister must give the organisation a copy of the report within 28 days of getting it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM227346.

Topics:
Business > Industry rulesMoney and consumer rights > Taxes
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Part 2Miscellaneous provisions

18Assessment of performance of industry organisations

  1. In this section, performance, in relation to an industry organisation to which a levy is payable under a levy order, means all or any of the following matters:

  2. the extent to which the organisation may or may not be complying or have complied with the order and (in relation to the order) this Act:
    1. the extent to which the organisation may or may not be using or have used the amounts of the levy paid to it efficiently and economically:
      1. the extent to which the uses to which the organisation is putting and has put the amounts of the levy paid to it may or may not benefit (or, as the case may be, have or have not benefited) the persons primarily responsible for paying it.

        1. If—

        2. satisfied that there is sufficient concern among the persons primarily responsible for paying a levy under a levy order about the performance of the industry organisation to justify an assessment of that performance; or
          1. not satisfied that the performance of an industry organisation under a levy order is adequate,—
              1. the Minister may appoint any person to conduct an assessment of, and report to the Minister on, that performance.

            1. For the purpose of conducting an assessment, a person appointed under subsection (2) has, and may exercise and perform, all the powers of an auditor under section 17; and sections 15(5) and 24 shall apply accordingly.

            2. Within 28 days of receiving a report under subsection (2), the Minister shall give a copy to the industry organisation concerned.