Biosecurity Act 1993

Government/industry agreement for readiness or response

100ZB: Readiness or response levy orders

You could also call this:

"The government can charge a fee to help pay for things that keep New Zealand safe from pests and diseases."

The Governor-General can impose a levy to help pay for an industry organisation's commitments under an agreement. You might be wondering what a levy is - it's a type of fee or charge. This levy can be imposed on a sector that is specified in a Gazette notice under section 100ZA.

The Minister must recommend the levy, and it can only be imposed by an Order in Council. The levy can also be imposed on people outside the specified sector if the Minister is satisfied that they will benefit from the activities funded by the levy.

The Minister must make sure that the people who will be paying the levy have been consulted and their views taken into account before recommending the levy. A levy order is secondary legislation, which means it is a type of law made by the government - you can learn more about this in Part 3 of the Legislation Act 2019. The order must also be confirmed by an Act, which is a law made by Parliament - you can find out more about this in subpart 3 of Part 5 of the Legislation Act 2019.

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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=DLM4758148.


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"What happens when you get an order to pay a levy to help with biosecurity."

Part 5AGovernment/industry agreement for readiness or response

100ZBReadiness or response levy orders

  1. The Governor-General may impose a levy for the purposes of wholly or partly funding an industry organisation’s commitments under the agreement.

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

  3. A levy order may be made only on the recommendation of the responsible Minister.

  4. A levy may be imposed on a sector specified in a Gazette notice under section 100ZA.

  5. In addition, the levy may be imposed on persons outside a sector specified in a Gazette notice under section 100ZA if—

  6. the Minister is satisfied that—
    1. the persons are represented by an industry organisation that is a party to the agreement; and
      1. the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
        1. the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive; or
        2. the Minister is satisfied that—
          1. the levy is the most effective and efficient means of collecting funds from the sector that the organisation represents; and
            1. it is not practicable to exclude the persons from the application of the levy; and
              1. the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
                1. the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive.
                2. The Minister must not recommend that a levy order be made unless satisfied that the proposed levy payers have been consulted and their views taken into account.

                3. For the purposes of subsection (6), the Minister may be satisfied by consultation undertaken under section 100ZA(6).

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

                5. The order—

                6. 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 100ZB: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                    • Section 100ZB(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).