1: Title
1: This Act is the New Zealand Horticulture Export Authority Amendment Act 2003.
2: In this Act, the New Zealand Horticulture Export Authority Act 1987 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 paragraph (c) product ; or
d: kiwifruit for export to Australia for consumption in Australia .
2: Amendments to substantive provisions
4: Protection of information supplied to Authority
Section 22(1)(a)(ii) any hearing under section 37
5: Export marketing strategy to be formulated where product subject to export licensing
1: Section 26(2)(a) promotion, market development,
2: Section 26(2A) may include either or both of the following: must not include—
3: Section 26(2B)
6: Export marketing strategy to be kept under review
Section 27(4) (5)
7: Grant of licence or provisional licence
1: Section 36(1) Subject to subsection (4A) of this section
2: Section 36(3) licence or provisional licence, or determines that it should grant a provisional licence only,
3: Section 36(4A)
8: Conditions of licences
Section 37
3: A licensed exporter who is dissatisfied with any condition imposed under subsection (1)(b) or (c) subsection (2)
4: If the exporter requests a hearing on the matter, the Authority must appoint a time and place for the hearing and give reasonable notice of the appointed time and place to the exporter.
5: For the purposes of any hearing under this section,—
a: no person (other than the exporter and any person representing the exporter) is entitled to appear and be heard on the matter; and
b: the Authority may seek and receive such information as it thinks fit, and consider information obtained from any source; and
c: if the Authority proposes to take into account any information that is or may be prejudicial to the exporter's case, the Authority must first disclose that information to the exporter and give the exporter a reasonable opportunity to rebut or comment on it.
6: After hearing the exporter (or, if appropriate, considering the exporter's submissions), the Authority—
a: may confirm, revoke, or vary the condition or variation of condition concerned; and
b: must notify the exporter in writing of its decision (giving reasons if the decision is adverse to the exporter).
9: Revocation, suspension, and cancellation of licences
1: Section 39(5)(b) accordingly of its decision (giving reasons if the decision is adverse to the exporter)
2: Section 39(6) paragraph (b)
b: the Authority is satisfied, after proper inquiries, that—
i: the exporter has died or otherwise ceased to exist; or
ii: the exporter is no longer exporting the product to which the licence relates; or
iii: the licence has otherwise become unnecessary or redundant.
10: Exemption for single operation or trial shipment
Section 40(2) If the Authority determines not to grant the exemption applied for, it must notify the applicant of that fact in writing as soon as practicable.
11: New
section 41A The principal Act is amended by inserting, after section 41
41A: Reconsideration of refusal or revocation of exemption, etc
1: An applicant for or holder of an exemption under section 40 or section 41
2: If the person requests a hearing on the matter, the Authority must appoint a time and place for the hearing and give reasonable notice of the appointed time and place to the person.
3: For the purposes of any hearing under this section,—
a: no person (other than the applicant or holder concerned and any person representing that person) is entitled to appear and be heard on the matter; and
b: the Authority may seek and receive such information as it thinks fit, and consider information obtained from any source; and
c: if the Authority proposes to take into account any information that is or may be prejudicial to the person's case, the Authority must first disclose that information to the person and give the person a reasonable opportunity to rebut or comment on it.
4: After hearing the person (or, if appropriate, considering the person's submissions), the Authority—
a: may confirm its original decision, or revoke or vary it; and
b: may confirm, revoke, or vary any condition or variation of condition concerned; and
c: must notify the person in writing of its decision (giving reasons if the decision is adverse to the person).
12: Appeals to arbitrator
1: Section 43(1) who is dissatisfied with any decision of the Authority arrived at after a reconsideration or a hearing under any of sections 37, 38, 39, and 41A
2: Section 43(2) who is dissatisfied with any decision of the Authority arrived at after a reconsideration or a hearing under section 36 or section 41A
3: Section 43 subsection (6)
6: On hearing the appeal, the arbitrator may affirm or reverse or vary the decision given by the Authority.
6A: The arbitrator may also—
a: award any of the costs of the appeal, as between the Authority and the appellant, as the arbitrator thinks fit; and
b: order either party to the appeal to the pay the costs, or part of the costs, of the other party in connection with the appeal.