100LLevy orders

1. The Governor-General may impose a levy for the purposes of wholly or partly funding the implementation of a plan or part of a plan.

2. The levy is payable to the plan's management agency.

3. A levy may be imposed only by Order in Council.

4. A levy order may be made only on the recommendation of a Minister.

5. The Minister may make a recommendation only if satisfied, on the basis of information and evidence that the Minister regards as satisfactory, that—

6. persons likely to be affected by the payment or collection of the levy have been consulted; and
7. persons opposing the levy's imposition have had a reasonable opportunity to put their views to the Minister; and
8. all views put to the Minister about the proposed imposition of the levy have been given due regard; and
9. the imposition of the levy is the most appropriate means of funding the plan or the part of the plan, having regard to the extent to which the levy would target—
   1. persons likely to benefit from the implementation of the plan or the part of the plan; and
   2. persons who by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan or the part of the plan; and
10. if the levy is imposed on quantities of a commodity imported, its imposition will not constitute a non-tariff barrier and will not be contrary to New Zealand's international legal obligations; and
11. the management agency will have in place adequate systems of accounting to persons who will be responsible for paying the levy; and
12. all other relevant matters known to the Minister have been properly considered.

13. A levy order may be made from time to time.

14. An order under this section—

15. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
16. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).