New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 1 January 2010
| Public Act | 1989 No 140 |
| Date of assent | 19 December 1989 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered by the Ministry of Economic Development.
[Repealed]
4 Consequential amendments to references to Minister of Energy, Secretary of Energy, and Ministry of Energy
12 Interpretation [Repealed]
15 Levies payable by owners of coal mines [Repealed]
16 Levies payable by owners of mineral mines [Repealed]
18 Levies payable by occupiers of quarries [Repealed]
19 Levies payable by occupiers of tunnels [Repealed]
20 Levies payable by owners of geothermal energy [Repealed]
25 Supplementary levies [Repealed]
25A Administration charge [Repealed]
[Repealed]
34H Minister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels
34K Consultation and confirmation requirements for Orders in Council under section 34F, 34G, 34I, or 34J
34N Required amount of qualifying biofuels may be divided into proportions or amounts by Order in Council
Savings and transitional provisions
[Repealed]
[Repealed]
Title: repealed, on 20 September 2007, by section 4 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
BE IT ENACTED by the Parliament of New Zealand as follows:
(1) This Act is the Energy (Fuels, Levies, and References) Act 1989.
(2) Except as provided in section 3(4) of this Act, this Act shall come into force on the 2nd day of January 1990.
Section 1 heading: amended, on 20 September 2007, by section 5(2) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 1(1): amended, on 20 September 2007, by section 5(3) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
This Act binds the Crown.
Section 1A: inserted, on 20 September 2007, by section 6 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
In this Act, unless the context otherwise requires,—
biofuel means any gaseous or liquid fuel produced from biomass that can be used as a fuel for engines
distribution includes sale
energy means work or heat that is or may be produced or derived from coal, electricity, gas, geothermal activity, petroleum, petroleum products, uranium, wind, biomass, sun, water, or any other fuel (including engine fuel) or any other source
engine fuel means any gaseous or liquid fuel that can be used as a fuel for engines, and includes biofuel, diesel, petrol (which is called motor spirit in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996)), synthetic fuel, and blends of these
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Secretary means the chief executive of the Ministry.
Section 1B: inserted, on 1 October 2008, by section 4 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 1B engine fuel: substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
In this Part of this Act, unless the context otherwise requires,—
Responsible department of State means, subject to any enactment, any department of State that has, with the authority of the Prime Minister, assumed responsibility for a function or matter to which any provision of this Part of this Act applies
Responsible Minister of the Crown means, subject to any enactment, any Minister of the Crown who has, under the authority of any warrant or with the authority of the Prime Minister, assumed responsibility for a function or matter to which any provision of this Part of this Act applies.
(1) The Ministry of Energy is hereby abolished.
(2) The State Sector Act 1988 is hereby amended by omitting from Schedule 1 (as substituted by section 28(1) of the State Sector Amendment Act (No 2) 1989) the words “Ministry of Energy”
.
(3) The Ombudsmen Act 1975 is hereby amended by omitting from Schedule 1 the words “Ministry of Energy”
.
(4) This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.
Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any enactment or in any regulations or in any instrument or document,—
(a) Every reference to the Minister of Energy shall be read as a reference to the responsible Minister of the Crown:
(b) Every reference to the Secretary of Energy shall be read as a reference to the chief executive of the responsible department of State:
(c) Every reference to the Ministry of Energy shall be read as a reference to the responsible department of State.
The enactments specified in Schedule 1 to this Act are hereby amended in the manner indicated in that Schedule.
The enactments specified in Schedule 2 to this Act are hereby repealed.
(1) The regulations specified in Schedule 3 to this Act are hereby amended in the manner indicated in that Schedule.
(2) The amendment by this section of the regulations specified in Schedule 3 to this Act shall be without prejudice to any power of amending or revoking those regulations.
(3) The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 3 to this Act or any part of that Schedule.
The Orders specified in Schedule 4 to this Act are hereby revoked.
Every delegation under section 9 or section 10 of the Ministry of Energy Act 1977 that was in force immediately before the commencement of this section shall continue to have effect according to its tenor as if it had been made on that commencement under section 28 or section 41 of the State Sector Act 1988.
Where, before the commencement of section 3 of this Act, the Ministry of Energy or any officer of the Ministry of Energy in relation to the conduct of the affairs of that Ministry, has—
(a) Become a party to any proceedings whatever; or
(b) Initiated any action under the authority of any statutory provision formerly administered by the Minister of Energy,—
such action or proceedings may be continued, completed, and enforced by or against the responsible Minister.
Any consent, licence, permit, approval, or remission, given or granted by the Minister of Energy or the Secretary of Energy and in force immediately before the commencement of this section shall, unless its terms or the context otherwise requires, continue in force until amended, transferred, modified, or revoked by the responsible Minister or the chief executive of the responsible department of State.
[Repealed]
Section 12: repealed, on 1 October 2008, by section 5 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) The Minister shall exercise and perform, in relation to goods and services of the classes specified in subsection (2) of this section, all the powers and duties conferred on the Minister of Commerce under sections 53, 54 and 56 of the Commerce Act 1986.
(2) This section applies to goods of the following classes:
(a) Coal, coal products, electricity, gas, geothermal energy, petroleum, petroleum products, petroleum chemicals, and engine fuels:
(b) Any other goods being kinds, forms, or sources of energy, or products from sources of energy, that the Governor-General may from time to time, by Order in Council, declare to be goods to which this section applies:
(c) Any services relating to matters concerning energy that the Governor-General may from time to time, by Order in Council, declare to be services to which this section applies.
Compare: 1977 No 33 s 12; 1986 No 5 s 110(1)
Subsection (1) was amended, as from 26 May 2001, by section 27(5) Commerce Amendment Act 2001 (2001 No 32) by substituting the expression “sections 53, 54 and 56 of the Commerce Act 1986”
for the expression “sections 53 and 54 of the Commerce Act 1986”
. See section 26 of that Act as to nothing in that Act: (a) enabling any proceedings to be brought that were barred before 26 May 2001; or (b) affecting any proceedings commenced before 26 May 2001.
The heading to section 13 was amended, as from 18 October 2004, by section 12(1) Commerce Amendment Act (No 2) 2004 (2004 No 82) by substituting the words “goods or services”
for the word “prices”
.
Subsection (1) was amended, as from 18 October 2004, by section 12(2) Commerce Amendment Act (No 2) 2004 (2004 No 82) by omitting the words “the prices of”
.
Section 13(2)(a): amended, on 1 October 2008, by section 6 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) Levies recovered under this Part, except levies recovered under section 24, must be applied only for the purposes of meeting the reasonable costs and expenses of—
(a) the inspection, monitoring, and related services to which they relate and matters incidental to those services, being—
(i) services carried out by the Ministry under any Act or related arbitration services; or
(ii) services carried out by the Department of Building and Housing under any Act or related arbitration services; or
(iii) services carried out by the Department of Labour under any Act or related arbitration services; and
(b) the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry or by the Department of Labour; and
(c) the dissemination by the Ministry of information to assist consumers to choose, and alternate, between competing electricity retailers (as defined in section 2(1) of the Electricity Act 1992); and
(d) the recovery of those levies.
(2) Levies recovered under section 24 must be applied only for the purposes of meeting the reasonable costs and expenses of—
(a) the inspection, monitoring, and related services to which they relate and matters incidental to those services, being services carried out by the Ministry under any Act or related arbitration services; and
(b) the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry; and
(c) the recovery of those levies.
Paragraph (aa) was inserted, as from 1 July 1998, by section 2 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68). See section 7 of that Act as to the validation of past expenditure of levy revenues. See section 8 of that Act as to payments into the Crown Bank Account.
Section 14 was substituted, as from 12 December 2000, by section 3 Ministry of Energy (Abolition) Amendment Act 2000 (2000 No 72).
Paragraph (ba) was inserted, as from 8 August 2001, by section 3 Ministry of Energy (Abolition) Amendment Act 2001 (2001 No 43).
Section 14 was substituted, as from 5 December 2006, by section 4 Ministry of Energy (Abolition) Amendment Act 2006 (2006 No 73).
[Repealed]
Subsection (2) was amended, as from 24 October 1997, by clause 3 State-Owned Enterprises (Solid Energy New Zealand Limited) Order 1997 (SR 1997/277) by substituting the words “Solid Energy New Zealand Limited”
for the words “Coal Corporation of New Zealand Limited”
.
In subsection (5) the expression “$250”
was substituted, as from 1 October 1991, for the expression “$1,500”
, the expression “$16,500”
was substituted, as from 1 October 1991, for the expression “$15,000”
, and the expression “$22,000”
was substituted, as from 1 October 1991, for the expression “$20,000”
, by section 362 Resource Management Act 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
In subsection (4)(a) and (b) the expression “$6,600”
was substituted, as from 1 October 1991, for the expression “$6,000”
, and the expression “$16,500”
was substituted, as from 1 October 1991, for the expression “$15,000”
by section 362 Resource Management 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
Subsection (2) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
In subsection (4) the expression “$3,300”
was substituted, as from 1 October 1991, for the expression “$3,000”
by section 362 Resource Management Act 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
Subsections (1) and (2) were substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
In subsection (3) the words “owner to whom subsection (2) of this section applies”
were substituted, as from 1 October 1991, for the word “user”
, and the words “from which geothermal energy is used”
were omitted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
In subsections (5), (6), and (8) the word “owner”
was substituted, as from 1 October 1991, for the word “user”
wherever it occurs, and in subsection (8) the word “owners”
was substituted, as from 1 October 1991, for the word “users”
in both places where it occurs, by section 362 Resource Management Act 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
In subsection (2) the words “owner of a pipeline”
were substituted, as from 1 October 1991, for the words “holder of a pipeline authorisation”
by section 362 Resource Management Act 1991 (1991 No 69).
In subsection (3) the word “owner”
was substituted, as from 1 October 1991, for the word “holder”
and the words “pipeline authorisation … the pipeline”
were substituted, as from 1 October 1991, for the word “authorisation”
by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (5) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
(1) In this section, unless the context otherwise requires, expressions defined in the Electricity Act 1992 shall have the meanings so defined.
(2) Not later than 30 days after the last days of March, June, September, and December in each year, every person or body who or which generates electricity for sale (including the Electricity Corporation of New Zealand Limited) shall supply the Secretary with a true and accurate return of all electricity sold from such generation during the immediately preceding period of 3 months ended with the said last days of March, June, September, and December, respectively, together with the levy calculated in accordance with this section:
Provided that any person or body who or which has sold from such generation less than 500 megawatt hours of electricity during any such period need not supply a return nor pay any levy.
(3) The levy payable on all such electricity that has been sold during the said periods of 3 months shall be 2 cents for each complete 100 kilowatt hours of such electricity or such lesser amount for each complete 100 kilowatt hours as may be prescribed.
(4) All electricity measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made in such manner and by the use of such methods as may be approved by the Secretary.
Compare: 1977 No 33 s 15J; 1987 No 97 s 3(1); 1988 No 134 s 2
In subsection (1) the expression “Electricity Act 1992”
was substituted, as from 18 December 1992, for the expression “Electricity Act 1968”
by section 178(2) Electricity Act 1992 (1992 No 122).
(1) In this section, unless the context otherwise requires, expressions defined in the Gas Act 1992 shall have the meanings so defined.
(2) Nothing in this section shall apply to gas sold for use as a feedstock or for the generation of electricity or to liquefied petroleum gas.
(3) Not later than 30 days after the last days of March, June, September, and December in each year—
(a) Every person or body who or which sells piped gas to a gas retailer (whether or not that gas retailer is also a gas wholesaler); and
(b) Every gas retailer who sells piped gas which is not subject to a levy pursuant to paragraph (a) of this subsection—
shall supply the Secretary with true and accurate returns of the energy content of all such gas that has been so sold during the immediately preceding period of 3 months ended with the said last days of March, June, September, and December, respectively, together with the levy calculated in accordance with this section.
(4) Notwithstanding anything in subsection (3) of this section, any person or body who or which has sold, during any period referred to in that subsection in respect of which a levy would, apart from this subsection, be payable under this section by that person or body, less than 10,000 gigajoules of gas need not supply a return, nor pay any levy, in respect of that period.
(5) The levy payable on all piped gas that has been so sold during the said periods of 3 months shall be 2 cents for each complete gigajoule or such lesser amount for each complete gigajoule as may be prescribed.
(6) All gas measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made by the use of methods approved by the Secretary.
Compare: 1977 No 33 s 15K; 1987 No 97 s 3(1); 1988 No 134 s 3
Section 23 was substituted, as from 1 April 1993, by section 58(2) Gas Act 1992 (1992 No 124).
(1) A levy of 0.045 cents, or such lesser amount as may be prescribed, is payable for each complete litre of petroleum or engine fuel that is,—
(a) if no Order in Council is in force under paragraph (b), specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) as a type of—
(i) motor spirit; or
(ii) diesel; or
(iii) biodiesel; or
(iv) ethyl alcohol specified under the heading Fuels in Part A or B of the Excise and Excise-equivalent Duties Table (as so defined); or
(b) specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made on the recommendation of the Minister.
(2) The levy must be paid to the New Zealand Customs Service—
(a) by the person who would be liable to pay excise duty or excise-equivalent duty under the Customs and Excise Act 1996 if any were payable; and
(b) when any excise duty or excise-equivalent duty would be paid if any were payable.
(3) The New Zealand Customs Service must collect the levy on behalf of the Secretary and must pay the amount collected to the Secretary.
(4) In respect of the levy,—
(a) sections 14, 26, and 29 to 34 apply:
(b) sections 27 and 28 do not apply.
Section 24: substituted, on 1 October 2008, by section 7 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 24(1)(a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 24(1)(b): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Subsection (3) was amended, as from 1 July 1998, by section 4 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68) by inserting the words “or such lesser amount for each complete litre as may be prescribed”
.
Subsections (2) and (3) were substituted, and subsection (3A) was inserted, as from 1 January 2001, and with application in respect of the levy payable on petrol or diesel sold on or after that date, by section 4 Ministry of Energy (Abolition) Amendment Act 2000 (2000 No 72).
[Repealed]
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
[Repealed]
Section 25A was substituted, as from 28 September 1993, for the former section (as inserted by section 362 Resource Management Act 1991 (1991 No 69)) by section 2 Ministry of Energy (Abolition) Amendment Act 1993 (1993 No 140).
Sections 15 to 21, 25, and 25A were repealed, as from 1 July 1998, by section 3 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68).
(1) On the application of any person who has paid or is liable to pay any levy under this Part of this Act, the Secretary may grant a rebate in respect of the whole or any part of the levy to which the application relates.
(2) Before deciding to grant or not to grant a rebate under this section, the Secretary shall have regard to—
(a) Section 14 of this Act; and
(b) The number of inspections of the operation concerned that were carried out during the period in respect of which the levy was paid or is payable.
Compare: 1977 No 33 s 15KC; 1989 No 28 s 9
Every levy payable under any of the provisions of sections 22, 23, and 24 of this Act shall be due and payable on the date specified in that behalf in the section under which the levy is payable.
Compare: 1977 No 33 s 15M; 1989 No 28 s 10(2)
Section 27 was amended, as from 1 July 1998, by section 5 Ministry of Energy (Abolition) Amendment Act 1998 (1998 No 68) by substituting the expression “22, 23, and 24”
for the expression “15 to 24”
.
If any levy is not paid on or before the date on which it is payable, the person liable to pay it shall pay to the Secretary an additional amount equal to 10 percent of the unpaid amount.
Compare: 1977 No 33 S 15N; 1987 No 97 s 3(1)
All money payable to the Secretary under this Part of this Act shall be deemed to be payable to the Crown, and may be recovered from the person liable to pay it as a debt due to the Crown.
Compare: 1977 No 33 s 15O; 1987 No 97 s 3(1)
All money received by the Secretary under this Part of this Act shall be paid into the Departmental Bank Account of the responsible department of State.
Section 30 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
(1) For the purpose of obtaining any information that may be required by the Secretary for the purposes of this Part of this Act, any person specifically or generally authorised in writing in that behalf by the Secretary may, from time to time—
(a) Subject to subsection (3) of this section, at any reasonable time enter any land, building, or place, other than a dwellinghouse:
(b) Inspect and examine any property and any books, accounts, vouchers, records, or documents:
(c) Require any person to produce any books, accounts, vouchers, records, or documents in that person's possession or under that person's control, and allow copies of or extracts from any such books, accounts, vouchers, records, or documents to be made or taken:
(d) Require any person to furnish any information or particulars that may be required by the Secretary.
(2) Every such written authorisation shall contain—
(a) A reference to this section; and
(b) The full name of the authorised person; and
(c) A statement of the powers conferred on the authorised person by subsection (1) of this section.
(3) Every person exercising any power of entry under subsection (1) of this section shall be in possession of the appropriate written authorisation, and evidence of identity, and shall produce them to the occupier of the land, building, or place—
(a) If practicable, on first entering the land, building, or place; and
(b) Whenever subsequently reasonably required to do so by the occupier.
(4) Every person shall have the same privileges in relation to—
(a) The production to any authorised person of any books, accounts, vouchers, records, or documents; and
(b) The furnishing to any authorised person of any information or particulars; and
(c) The answering of questions put by any authorised person—
under this section as witnesses have in Courts of law.
Compare: 1977 No 33 s 15Q; 1987 No 97 s 3(1)
(1) Every person commits an offence who,—
(a) in any information or particulars supplied under section 31,—
(i) makes a material statement knowing that it is incorrect; or
(ii) knowingly makes any material omission; or
(b) resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 31; or
(c) refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) of section 31(1).
(2) Any offence against this section committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by the employee's or agent's employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent.
Compare: 1977 No 33 s 15R; 1987 No 97 s 3(1)
Section 32(1): substituted, on 1 October 2008, by section 8 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) Without limiting the general power to make regulations conferred by section 35 of this Act but subject to subsection (2) of this section, regulations may be made under that section prescribing amounts or rates of levies, or formulas for calculating levies, lower than the amounts or rates set out in this Part of this Act.
(2) No such lower amount or rate, or formula, shall be prescribed unless the Minister has consulted those persons or organisations considered by the Minister to represent the persons affected by the levy concerned.
Compare: 1977 No 33 s 15S; 1989 No 28 s 11
It is hereby declared that the levies payable under this Part of this Act are exclusive of goods and services tax under the Goods and Services Tax Act 1985.
Compare: 1977 No 33 s 15T; 1989 No 28 s 12
[Repealed]
Part 3A: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34A: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34B: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34C: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34D: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34E: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34F: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34G: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34H: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34I: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34J: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34K: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34L: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34M: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34N: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34O: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34P: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34Q: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34R: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34S: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34T: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34U: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Heading: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34V: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34W: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Heading: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34X: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34Y: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34Z: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 34ZA: repealed, on 23 December 2008, by section 4 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a) Requiring specified classes of users or intending users of energy or of sources of energy to supply to the Secretary prescribed information as to—
(i) The kinds, forms, and sources of energy used or to be used by them; and
(ii) The purposes for which they are so used or to be used; and
(iii) The means by which they are so used or to be used; and
(iv) Changes or proposed changes in the kinds, forms, or sources of energy so used or to be used, or in the quantities so used or to be used:
(b) Prescribing standards or specifications for equipment used in the dispensing of engine fuel or refined petroleum products to consumers:
(c) Prescribing standards or specifications (including environmental or sustainability standards or specifications) to which engine fuel or refined petroleum products of the class or classes specified in the regulations must conform when supplied in New Zealand:
(d) requiring persons who sell engine fuel or refined petroleum products to consumers to display or provide information about the price, quality, sustainability, suitability, quantity, or nature of a class or classes of refined petroleum products or engine fuel:
(da) requiring persons who sell engine fuel to consumers not to promote or advertise that the engine fuel contains biofuel if the engine fuel comprises, by volume, a certain percentage of biofuel that is not more than 1%:
(e) Prescribing standards or specifications for fuel tank inlets on motor vehicles:
(ea) providing for accreditation, certification, and verification for the purposes of regulations made under this Act:
(eb) [Repealed]
(ec) [Repealed]
(ed) [Repealed]
(ee) [Repealed]
(ef) [Repealed]
(eg) prescribing the records that are required to be kept under section 35B and the length of time they must be kept:
(eh) prescribing the form of search warrants issued under section 37A:
(f) Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $10,000:
(g) Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(1A) [Repealed]
(2) The following may be incorporated by reference into a regulation made under subsection (1):
(a) Standards, procedures, or test methods of international organisations:
(b) Any other written material or document that, in the opinion of the Minister, is too large or impractical to be printed as part of the regulation.
(3) Any material incorporated in a regulation by reference under subsection (2) is part of the regulation; and, unless otherwise provided in the regulations, every amendment made by the person or organisation originating the material is part of the regulation.
(4) The Secretary must make copies of all material and any amendments incorporated in regulations by reference under subsections (2) and (3) available for inspection, free of charge, at the head office of the Ministry.
(5) Any material incorporated by reference has no effect until it is made available for inspection in accordance with subsection (4).
Compare: 1977 No 33 s 28
Section 35(1)(b): amended, on 20 September 2007, by section 8 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 35(1)(c): amended, on 1 October 2008, by section 10(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(c): amended, on 20 September 2007, by section 8 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 35(1)(d): substituted, on 1 October 2008, by section 10(2) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(d): amended, on 20 September 2007, by section 8 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 35(1)(da): inserted, on 1 October 2008, by section 10(2) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ea): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ea): amended, on 23 December 2008, by section 5(1) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(eb): repealed, on 23 December 2008, by section 5(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(eb): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ec): repealed, on 23 December 2008, by section 5(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(ec): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ed): repealed, on 23 December 2008, by section 5(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(ed): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ee): repealed, on 23 December 2008, by section 5(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(ee): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(ef): repealed, on 23 December 2008, by section 5(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1)(ef): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(eg): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(1)(eh): inserted, on 1 October 2008, by section 10(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Paragraph (f) was amended, as from 28 July 1997, by section 2 Ministry of Energy (Abolition) Amendment Act 1997 (1997 No 50) by substituting the expression “$10,000”
for the expression “$1,000”
.
Section 35(1A): repealed, on 23 December 2008, by section 5(3) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(1A): inserted, on 1 October 2008, by section 10(4) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35(2): amended, on 23 December 2008, by section 5(4) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35(2): amended, on 1 October 2008, by section 10(5) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Subsections (2) to (5) were inserted, as from 7 May 1999, by section 2 Ministry of Energy (Abolition) Amendment Act 1999 (1999 No 40).
(1) If the Minister is satisfied that engine fuel does not comply with regulations, the Minister may, by written notice, require the seller or distributor to—
(a) cease selling the engine fuel or making it available; or
(b) cease selling the engine fuel for any particular end use or making it available for any particular end use.
(2) A seller or distributor who fails to comply with a Minister’s notice described in subsection (1) commits an offence.
Section 35A: inserted, on 1 October 2008, by section 11 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) Every person described in subsection (2) must keep or cause to be kept in New Zealand prescribed records for the prescribed length of time not exceeding 7 years.
(2) The persons to whom subsection (1) applies are—
(a) [Repealed]
(b) [Repealed]
(c) [Repealed]
(d) any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
(3) A person who fails to keep the records that are required to be kept under subsection (1) commits an offence.
Compare: 1996 No 27 s 95
Section 35B: inserted, on 1 October 2008, by section 11 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35B(2)(a): repealed, on 23 December 2008, by section 6 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35B(2)(b): repealed, on 23 December 2008, by section 6 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35B(2)(c): repealed, on 23 December 2008, by section 6 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
(1) For the purposes of this section,—
compliance check means a check that seeks to ascertain any or all of the following:
(a) [Repealed]
(b) [Repealed]
(c) the extent to which records are being kept as required by section 35B:
(d) the type, nature, or class of any engine fuel or goods capable of being used to make engine fuel:
(e) compliance with regulations made under this Act:
(f) the extent to which information supplied or published under section 36 is correct and complete
person liable to be checked means—
(a) [Repealed]
(b) [Repealed]
(c) [Repealed]
(d) any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
(2) In order to conduct a compliance check of a person liable to be checked, any person specifically or generally authorised in writing by the Secretary may, using reasonable force,—
(a) subject to subsection (4), at any reasonable time enter any land, building, or place other than a dwellinghouse or marae:
(b) inspect and examine any property and any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form):
(c) require any person to produce any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, vouchers, records, or documents to be made or taken:
(d) require any person to supply any information or particulars that may be required by the Secretary:
(e) take samples of any petroleum, engine fuel, or goods capable of being used to make engine fuel.
(3) The written authorisation must contain—
(a) a reference to this section; and
(b) the full name of the authorised person; and
(c) a statement of the powers conferred on the authorised person by subsection (2).
(4) Every person exercising a power of entry under subsection (2) must be in possession of the written authorisation and evidence of identity, and must produce them to the occupier of the land, building, or place,—
(a) if practicable, on first entering the land, building, or place; and
(b) whenever subsequently reasonably required to do so by the occupier.
(5) Every person has the same privileges under this section as witnesses have in court in relation to—
(a) the production to an authorised person of any books, accounts, vouchers, records, or documents; and
(b) the supplying to an authorised person of any information or particulars; and
(c) the answering of questions put by an authorised person.
Section 35C: inserted, on 1 October 2008, by section 11 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 35C(1) compliance check paragraph (a): repealed, on 23 December 2008, by section 7(1)(a) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35C(1) compliance check paragraph (b): repealed, on 23 December 2008, by section 7(1)(a) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35C(1) compliance check paragraph (f): amended, on 23 December 2008, by section 7(1)(b) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35C(1) person liable to be checked paragraph (a): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35C(1) person liable to be checked paragraph (b): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 35C(1) person liable to be checked paragraph (c): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Every person commits an offence who,—
(a) in any information or particulars supplied under section 35C,—
(i) makes a material statement knowing that it is incorrect; or
(ii) knowingly makes any material omission; or
(b) resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 35C; or
(c) refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) of section 35C(2).
Section 35D: inserted, on 1 October 2008, by section 11 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) The Minister may, by notice in writing to a person described in subsection (1A), require that person to supply to the Minister, by a date specified in the notice, any information specified in the notice in relation to the following:
(a) the price, suitability, quantity, or nature of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:
(b) [Repealed]
(c) the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:
(d) [Repealed]
(e) [Repealed]
(f) the type, nature, or class of the person’s engine fuel:
(g) the country of origin of the person’s engine fuel:
(h) the particular type or source of biomass from which the person’s biofuels were produced:
(i) the particular process the person’s engine fuels were produced from or refined through:
(j) the qualities of the person's engine fuel:
(k) any standards or specifications (including environmental or sustainability standards or specifications) that the person's engine fuel meets:
(l) the particular end use or type of end use of the person's engine fuel.
(1A) The Minister may, by notice in writing to a person described in subsection (1B), require that person to publish (in any particular form and manner), by a date specified in the notice, any information that may be required to be supplied to the Minister in relation to subsection (1)(f) to (l).
(1B) The persons who may be the recipients of a notice under subsection (1) or (1A) are—
(a) [Repealed]
(b) [Repealed]
(c) [Repealed]
(d) any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
(2) All information and all particulars required by a notice under subsection (1) or (1A) shall be furnished in such form and manner as the Minister may require and, if the Minister so requires, shall be certified by the person supplying the same as being correct to the best of that person's knowledge and belief.
Section 36 heading: amended, on 20 September 2007, by section 9(1) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 36(1): substituted, on 1 October 2008, by section 12(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 36(1): amended, on 20 September 2007, by section 9(2) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).
Section 36(1)(b): repealed, on 23 December 2008, by section 8(1) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1)(d): repealed, on 23 December 2008, by section 8(1) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1)(e): repealed, on 23 December 2008, by section 8(1) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1A): inserted, on 1 October 2008, by section 12(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 36(1A): amended, on 23 December 2008, by section 8(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1B): inserted, on 1 October 2008, by section 12(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 36(1B)(a): repealed, on 23 December 2008, by section 8(3) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1B)(b): repealed, on 23 December 2008, by section 8(3) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(1B)(c): repealed, on 23 December 2008, by section 8(3) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 36(2): amended, on 1 October 2008, by section 12(2)(a) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 36(2): amended, on 1 October 2008, by section 12(2)(b) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) Every person commits an offence against this Act who, without sufficient reason (the proof whereof shall be on that person),—
(a) Fails to furnish, within the time specified in a notice given to that person under section 36(1)or (1A), the information or particulars required by that notice; or
(b) Furnishes, in response to a notice given to that person under section 36(1)or (1A), any information or particulars that to that person's knowledge is false or misleading in any material particular; or
(c) refuses or fails to furnish any information or particulars in the form and manner in which it is required by a notice under 36(1) or (1A).
(2) Every person who commits an offence against subsection (1), section 32, section 35A, or section 35D is liable on summary conviction,—
(a) in the case of a person other than a body corporate, to a fine not exceeding $20,000:
(b) in the case of a body corporate, to a fine not exceeding $200,000.
Section 37(1)(a): amended, on 1 October 2008, by section 13(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37(1)(b): amended, on 1 October 2008, by section 13(1) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37(1)(c): substituted, on 1 October 2008, by section 13(2) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37(2): substituted, on 1 October 2008, by section 13(3) of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37(2): amended, on 23 December 2008, by section 9 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Heading: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) Any High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any land, building, or place if satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is at that land, building, or place any thing that is evidence of 1 or more of the following:
(a) the commission of an offence under this Act by any person:
(b) [Repealed]
(2) The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the warrant that he or she thinks fit.
(3) The Judge may authorise the search warrant to be executed on more than 1 occasion if he or she is satisfied that this is required for the purposes for which the warrant is being issued.
Section 37A: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37A(1)(b): repealed, on 23 December 2008, by section 10 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
(1) A warrant authorises the person named in it—
(a) to enter and search the land, building, or place specified in the warrant on 1 occasion within 14 days of the warrant’s date of issue (or more than 1 occasion if authorised under section 37A(3)) at a time that is reasonable in the circumstances:
(b) to request any person to assist in the execution of the warrant:
(c) to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circumstances:
(d) to search for and seize any thing that the warrant authorises the person who is executing the warrant to search for and seize:
(e) if necessary, to take copies of documents or extracts from documents that the warrant authorises the person who is executing the warrant to copy:
(f) if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.
(2) The powers in subsection (1) to enter and search the land, building, or place must not be exercised by a Ministry employee unless, when exercising the power, that employee is accompanied by a member of the police.
(3) The person executing the search warrant may also seize any thing that he or she, or any person assisting him or her, finds in the course of executing the warrant, if the person executing the warrant has reasonable grounds to believe that a search warrant could be obtained to search for that thing.
(4) A person assisting the person executing the warrant also has the powers referred to in subsection (1)(c) to (f) while in the company and under the direction of the person executing the warrant.
(5) The warrant must be executed in accordance with any conditions specified under section 37A(2).
Section 37B: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
A search warrant must—
(a) be in the prescribed form; and
(b) be directed to—
(i) a member of the police by name; or
(ii) any member of the police; or
(iii) any Ministry employee authorised by the Secretary; and
(c) contain all of the following particulars:
(i) the land, building, or place that may be searched in accordance with the warrant; and
(ii) the offence in respect of which the warrant is issued; and
(iii) the provision of this Act authorising the issue of the warrant; and
(iv) a description of things that are authorised to be searched for and seized; and
(v) the period during which the warrant may be executed, or, if the warrant may be executed on more than 1 occasion, the number of times or the period of time over which the warrant may be executed; and
(vi) any conditions specified under section 37A(2).
Section 37C: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37C(c)(ii): amended, on 23 December 2008, by section 11 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
A person executing a warrant must—
(a) have the warrant with him or her; and
(b) produce it on initial entry and, if requested, at any subsequent time; and
(c) identify himself or herself to the owner or occupier or person in charge of the place if that person is present; and
(d) produce evidence of his or her identity.
Compare: 2003 No 12 s 133
Section 37D: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
A person who executes a warrant must, when the search is completed, leave in a prominent position at the place searched or give to the owner or occupier, a written notice stating—
(a) the date and time when the land, building, or place was searched; and
(b) the name of the person who executed the warrant; and
(c) for any seized thing, a list in accordance with section 37G.
Compare: 2003 No 12 s 134
Section 37E: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
If it is not practicable to prepare a list under section 37E in relation to seized things after completing the search, or if the owner or occupier of the place being searched consents, the person executing the warrant—
(a) may, instead of leaving a list, leave a notice stating that things have been seized during the search and that, within 7 days of the search, a list will be delivered, left, or sent stating what things have been seized; and
(b) must, within 7 days of the search,—
(i) deliver a list to the owner or occupier; or
(ii) leave a list in a prominent position at the place searched; or
(iii) send a list by post to the owner or occupier of the place searched.
Compare: 2003 No 12 s 135
Section 37F: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
A list under section 37E or 37F must state—
(a) the things that have been seized; and
(b) the location from where they were seized; and
(c) the location where they are being held; and
(d) that the things may be returned in accordance with sections 37J and 37K; and
(e) the extent to which a person from whom a thing was seized, or the owner of the thing, has a right to have access to any document relating to the application for a search warrant; and
(f) information about the right to bring a claim that any privileged or confidential information has been seized.
Compare: 2003 No 12 s 136
Section 37G: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 198B of the Summary Proceedings Act 1957 applies with any necessary modifications to warrants issued under section 37A.
Section 37H: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
The Secretary, or any person authorised by the Secretary for the purpose, may inspect and take copies of any documents or extracts from them obtained under a warrant.
Compare: 2003 No 12 s 138
Section 37I: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
(1) In any proceedings for an offence relating to any thing seized under warrant, a court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.
(2) Any member of the police may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a Judge for an order for its disposal.
(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.
(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).
(5) If proceedings for an offence relating to the thing are not brought within 3 months of seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a Judge for an order that it be delivered to him or her.
(6) On any such application, the Judge may—
(a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or
(b) make any order that a court may make under subsection (1).
Compare: 2003 No 12 s 139
Section 37J: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37J(1): amended, on 23 December 2008, by section 12 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
(1) If any person is convicted in any proceedings for an offence relating to any thing for which a warrant has been issued, and any order is made under section 37J, the operation of the order is suspended,—
(a) in any case, until the expiration of the time for the filing of a notice of appeal or an application for leave to appeal; and
(b) if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
(c) if an application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
(2) If the operation of an order under section 37J is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.
Compare: 2003 No 12 s 140
Section 37K: inserted, on 1 October 2008, by section 14 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 37K heading: amended, on 23 December 2008, by section 13(1) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Section 37K(1): amended, on 23 December 2008, by section 13(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
Heading: inserted, on 1 October 2008, by section 15 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
After the commencement of this section, all regulations made under the Ministry of Energy Act 1977 and in force immediately before the commencement of this section, shall have effect as if they had been made under this Act and may be amended or revoked accordingly, and the repeal of the Ministry of Energy Act 1977 shall not affect the validity of those regulations or any amendment to those regulations.
Notwithstanding the repeal of the Ministry of Energy Act 1977 effected by this Act, any levies that are, immediately before the commencement of this section, payable to the Secretary of Energy, shall from the commencement of this section, become payable to the Secretary as if they were payable under this Act.
Schedule 1 |
| Title of Act | Amendment | |
|---|---|---|
| 1925, No 38-The Electric Power Boards Act 1925 (Reprinted, 1976, Vol 4, p 3465) | By omitting from section 82(qa) (as inserted by section 8 of the Electric Power Boards Amendment Act 1979) the words of Energy. | |
| 1945, No 41-The Atomic Energy Act 1945 (RS Vol 1, p 189) | By repealing the definition of the term Minister in section 2 (as substituted by section 24 of the Ministry of Energy Act 1977), and substituting the following definition:
By inserting in section 2, after the definition of the term Prescribed substance, the following definition:
| |
| 1950, No 93-The Finance Act 1950 (RS Vol 11, p 387) | By repealing the definition of the term Minister in section 42(1) (as substituted by section 18(1) of the Ministry of Energy Act 1977), and substituting the following definition:
| |
| 1963, No 23-The Manapouri-Te Anau Development Act 1963 (RS Vol 16, p 389) | By repealing the definition of the term Minister in section 2 (as amended by section 18(3)(a) of the Ministry of Energy Act 1977), and substituting the following definition:
By repealing section 4A(3) (as amended by section 65(1) of the Conservation Act 1987), and substituting the following subsection:
By omitting from section 7 (as amended by section 18(3)(a) of the Ministry of Energy Act 1977) the words | |
| 1976, No 71-The Energy Resources Levy Act 1976 | By repealing the definition of the term Secretary in section 2(1) (as inserted by section 20(1) of the Ministry of Energy Act 1977), and substituting the following definition:
By omitting from section s 36(1) and 37(1)(a) (as amended in each case by section 20(1) of the Ministry of Energy Act 1977) the words | |
| 1976, No 155-The International Energy Agreement Act 1976 | By repealing the definition of the term Minister in section 2 (as substituted by section 25 of the Ministry of Energy Act 1977), and substituting the following definition:
| |
| 1981, No 12-The Petroleum Demand Restraint Act 1981 | By repealing the definition of the term Minister in section 2, and substituting the following definition:
By inserting in section 2, after the definition of the term Production, the following definition:
By omitting from section 4(1)(f) the words | |
| 1987, No 88-The Official Information Amendment Act 1987 | By omitting so much of Schedule 3 as relates to section 28(2) and (3) of the Ministry of Energy Act 1977. | |
| 1989, No 44-The Public Finance Act 1989 | By omitting so much of Schedule 1 as relates to the Ministry of Energy Act 1977. | |
In this Schedule, items relating to the following Acts have been omitted:
Section 2(1) Electric Power Boards Act 1925 (1925 No 38), as from 8 August 1990, by section 12(2)(d) Electric Power Boards Amendment Act 1990 (1990 No 94).
The Electrical Supply Authorities Association Act 1930 (1930 No 42) by section 10 Electricity Supply Association Amendment Act 1987 (1987 No 137) (impliedly).
The Petroleum Act 1937 (1937 No 27), the Geothermal Energy Act 1953 (1953 No 102), the Construction Act 1959 (1959 No 32) (impliedly), the Mining Act 1971 (1971 No 25), the Coal Mines Act 1979 (1979 No 21), and the Quarries and Tunnels Act 1982 (1982 No 18), as from 1 April 1993, by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).
Southland Electric Power Supply Act 1936, as from 30 June 1994, by section 36(2)(c) Southland Electricity Act 1993 (1993 No 147). See clause 2 Southland Electricity Act Commencement Order 1994 (SR 1994/111).
Sections 4, 4A and 4B Atomic Energy Act 1945 (1945 No 41) and the Iron and Steel Industry Act 1959 (1959 No 100), as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
The Electric Linemen Act 1959 (1959 No 46), the Electricity Act 1968 (1968 No 125), and the Electrical Registration Act 1979 (1979 No 139), as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122).
The Plumbers, Gasfitters, and Drainlayers Act 1976 (1976 No 69), as from 1 April 1993, by section 23(c) Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 (1992 No 125).
The Gas Act 1982 (1982 No 18), as from 1 April 1993, by section 58(2) Gas Act 1992 (1992 No 124).
Schedule 2 |
1977, No 33—The Ministry of Energy Act 1977. (RS Vol 21, p 517.)
1981, No 78—The Ministry of Energy Amendment Act 1981. (RS Vol 21, p 553.)
1983, No 81—The Ministry of Energy Amendment Act 1983. (RS Vol 21, p 553.)
1985, No 196—The Ministry of Energy Amendment Act 1985. (RS Vol 21, p 554.)
1987, No 97—The Ministry of Energy Amendment Act 1987. (RS Vol 21, p 554.)
1988, No 134—The Ministry of Energy Amendment Act 1988.
1989, No 28—The Ministry of Energy Amendment Act 1989
Schedule 3 | Section 7(1) |
| Title | Amendment | |
|---|---|---|
| The Geothermal Energy Regulations 1961 (SR 1961/124) | By revoking the definition in regulation 2(1) of the term Secretary, and substituting the following definition:
| |
| The Electrical Wiring Regulations 1976 (SR 1976/38) | By revoking the definition in regulation 2(1) of the term Secretary. By omitting from regulations 5(2)(b) and 10(6) the words | |
| The Ministry of Energy (Petroleum Products Specifications) Regulations 1988 (SR 1988/303) | By omitting from regulation 6(a) the words of Energy. | |
In this Schedule, items relating to the following have been omitted:
The Coal Mines (Electrical) Regulations 1980 (SR 1980/51), the Coal Mines (Opencast Coal Mines) Regulations 1986 (SR 1986/277), the Mining (Safety) Regulations 1973 (SR 1973/82), the Quarries Regulations 1983 (SR 1983/39) (impliedly), and the Tunnels Regulations 1983 (SR 1983/40) (impliedly), as from 1 April 1993, by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).
The Electrical Wiring Regulations 1976 (SR 1976/38), the Electrical Registration Regulations 1980 (SR 1980/225), and the Electrical Supply Regulations 1984 (SR 1984/167), as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122).
The Petroleum Regulations 1978 (SR 1978/255) and the Mining Regulations 1981 (SR 1981/347) (both impliedly), as from 1 October 1991, by sections 121 and 120(2) respectively Crown Minerals Act 1991 (1991 No 70).
Schedule 4 |
| Title | Statutory Regulations Serial Number |
|---|---|
| The Ministry of Energy Act Commencement Order 1978 | 1978/66 |
| The Ministry of Energy Act Commencement Order (No 2) 1978 | 1978/83 |
Schedule 5 |
[Repealed]
Schedule 5: repealed, on 23 December 2008, by section 14 of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Energy (Fuels, Levies, and References) Act 1989. It incorporates all the amendments to the Act as at 1 January 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110)
Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60)
Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54)