3.7.4 The Decision Processes and Criteria
Directly affected groups may develop proposals for changes to statutory measures. The Act lays down the framework for such requests in section 10. Section 11 lays down the procedures for consideration of requests and section 13 lays down the procedures for the establishment, amendment or revocation of statutory measures.
10.
(1) A directly affected group or the parliamentary committees may in writing request the Minister to establish, continue, amend or repeal one or more statutory measures.
(2) A request under subsection 1 shall, where relevant, contain particulars -
(a) regarding the agricultural product or class of agricultural products to which such existing or proposed statutory measure relates, the categories and sub categories of directly affected groups which will probably be affected by such establishment, continuation, amendment or repeal, evidence of support by directly affected groups, and the geographical areas in which the statutory measure applies or should apply;
(b) in the case of a request to establish or request to establish or continue a statutory measure, of the manner in which one or more of the objectives referred to in section 2(2) will be furthered as a result thereof and demonstrate that none of the other such objectives shall be substantially prejudiced and that such establishment or continuation will not contravene section 2(3);
(c)in the case of a request to amend or repeal a statutory measure, of the reasons why such statutory measures fails or has ceased to further one or more of the objectives referred to in section 2(2) or why it is substantially detrimental to one or more of the other such objectives or contravenes section 2(3);
(d)regarding the business plan to be implemented in order to establish, continue, amend or repeal the statutory measure;
(e)subject to section 13 2(a), regarding the duration of the implementation of the statutory measure;
(f)regarding an institution or body of persons which might be a suitable vehicle for implementation;
(g)regarding the most appropriate way of organising the inspection and enforcement of intervention.
(3) Any particulars contemplated in subsection 2(f) shall include a motivation as to why such institution or body of person would be the most appropriate vehicle for the implementation, and shall give details as to the legal standing of that institution or body of persons, as well as its composition and the degree to which that composition reflects the various parties interested in the proposed interventions.
(4) Any request in terms of subsection (1) shall contain particulars in respect of the financial implications of such request for the fiscus.
11.
(1) Upon receipt of a request in terms of section 10 which is not inconsistent with the provisions of section 2, the Minister shall refer the request to the Council for investigation and a report thereon.
(2) Upon receipt of such a request, the council shall-
(a) publish a notice setting out particulars of the request and an explanation in connection therewith in the Gazette and such magazines or newspapers as may be sufficient in order to bring to the attention of directly affected groups, and inviting such directly affected groups to lodge any objections or representations relating to the request within a specified time;
(b)if necessary, appoint a committee in terms of section 7, which shall consider such objections or representations and advise the Council;
(c)consider the objections and representations from, and level of support among, directly affected groups, and the advice of the committee, if applicable; and
(d)report on its findings and make a recommendation to the Minister within 60 days or such longer period as may be approved by the Minister
(3) The Council may, upon receipt of a request to amend a statutory measure, on reasonable grounds determine that the proposed amendment is not significant and that it is not deemed necessary to act in terms of subsection (2).
(4) A determination under subsection (3) shall only be made if the proposed amendment places no additional statutory burden on any directly affected group.
(5) The council shall consider whether any proposal made in terms of subsection 10(2)(g) and 10(3) would be optimal or make its own recommendation regarding implementation.
(6) If the request is for the introduction, amendment or repeal of a levy, the Council shall send a copy of its recommendations to the parliamentary committees for their information.
13
(1)The Minister may, after consideration of the Council’s recommendations, establish, amend or evoke a statutory measure by notice in the Gazette, refer the matter back to the Council for further investigation or decline to take any action: Provided that the Minister shall in each case publish his or her reasons for a specific decision in the Gazette within 30 days of such decision.
(2) A notice whereby a statutory measure is established, shall -
(a) determine the date on which the statutory measure shall come into operation and the date on which it shall cease;
(b) determine the geographical area in which is shall apply;
(c) determine the agricultural product or class thereof to which it shall apply;
(d) set out its purpose and aims and how it relates to the objectives referred to in section 2; and
(e) contain particulars regarding its implementation, administration and enforcement and any other particulars which the Minister may dem necessary.
(3) A notice whereby a statutory measure is amended or repealed shall -
(a) determine the date on which such amendment or repeal shall come into operation; and
(b) set out the purpose and aims of the amendment or revocation and how these relate to the objectives referred to in section 2.
3.7.5 Interested Parties
The legislation is important in that it defines interested parties who must be consulted and whose interests must be considered. These groups are represented on the NAMC and include persons who have experience in:
4.(2)
(a) the commercial production of agricultural products
(b) agricultural product-related trade and industry
(c) agricultural economics, including agricultural marketing and international agricultural trade
(d) consumer issues relating to agricultural products, including issues relating to previously disadvantaged communities; and
(e) the production and marketing of agricultural products by small-scale and previously disadvantaged farmers.
Contact for Enquiries
Rural Affairs Coordinator
Sector Performance Policy
MAF Policy
Ministry of Agriculture and Forestry
PO Box 2526
Wellington
NEW ZEALAND
Phone: +64 4 894 0675
Fax: +64 4 4 894 0745
Contact this person
