Animal Products Act 1999

Cost recovery

119: Trust accounts required to be kept by persons collecting levies

You could also call this:

"People who collect levies must keep a special separate bank account for that money."

If you collect levies, you might need to keep a special bank account called a trust account. This account is for money that you collect from levies and it is kept separate from your own money. You have to keep this account going even if you stop collecting levies until you have paid all the levy money to the Director-General.

When you have money in the trust account, you must use it to pay the Director-General. You cannot use this money to pay your own debts or creditors, except for paying the Director-General. This money is also protected from being taken by your creditors.

If someone else takes over collecting the levies from you, this does not change your responsibilities for the trust account. You still have to keep the account until all the levy money is paid to the Director-General.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35726.


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118: Regulations may impose levies, or

"The government can create rules that require people to pay a fee for certain animal products."


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120: Other charges not requiring to be prescribed, or

"Paying for extra help from the Ministry that doesn't have a fixed fee"

Part 9Cost recovery

119Trust accounts required to be kept by persons collecting levies

  1. Where regulations made under section 118 require the operation of a trust account for any levy money by the person responsible for collecting the levy,—

  2. any amount held in such an account that is due to be paid to the Director-General by the levy collector is to be treated as levy money held on trust for the Director-General; and
    1. any amount so held on trust is not available for the payment of any creditor (other than the Director-General) of the levy collector, and is not liable to be attached or taken in execution at the instance of any such creditor; and
      1. a person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account until all the levy money payable to the Director-General in respect of the period during which the person was responsible for collecting the levy has been paid.
        1. Nothing in subsection (1)(c) affects any obligation or liability under this Act of any other person who has become responsible for collecting the levy concerned.