Biosecurity Act 1993

Pest management - Funding from levy

100L: Levy orders

You could also call this:

"Charges to help pay for a biosecurity plan"

The Governor-General can impose a levy to help pay for a plan. You will pay the levy to the agency in charge of the plan. A levy can only be imposed by an Order in Council, which is a special kind of rule. The Minister must recommend the levy, and they can only do this if they are satisfied that people who will be affected by the levy have been consulted. The Minister must also think about whether the levy is a good way to pay for the plan, and whether it will affect the right people, such as those who will benefit from the plan or those who contribute to the problems the plan is trying to solve. You can find more information about how these rules are made and confirmed in the Legislation Act 2019. A levy order is a type of secondary legislation, which means it is a rule made under a law, and it must be confirmed by an Act of Parliament, as explained in subpart 3 of Part 5 of the Legislation Act 2019. The Governor-General can make a levy order at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758114.


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Part 5Pest management
Funding from levy

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
    1. persons opposing the levy's imposition have had a reasonable opportunity to put their views to the Minister; and
      1. all views put to the Minister about the proposed imposition of the levy have been given due regard; and
        1. 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
            1. 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
            2. 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
              1. the management agency will have in place adequate systems of accounting to persons who will be responsible for paying the levy; and
                1. all other relevant matters known to the Minister have been properly considered.
                  1. A levy order may be made from time to time.

                  2. An order under this section—

                  3. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                    1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).
                      Notes
                      • Section 100L: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                      • Section 100L(7): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).