Wine Act 2003

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries
38 Export eligibility requirements

(1)

The purpose of export eligibility requirements is to protect the reputation of New Zealand wine.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out requirements that must be met for wine to be eligible for export from New Zealand.

(3)

[Repealed]

(4)

Without limiting the generality of subsection (2), the regulations setting export eligibility requirements may—

(a)

prohibit the export of wine with an obvious fault (whether due to oxidation, tainting with extraneous flavours, or other fault):

(b)

set out processes for demonstrating compliance with the export eligibility requirements, whether by way of analysis or assessment of samples or certification by recognised agencies or recognised persons or otherwise:

(c)

set out procedures and requirements in relation to the export eligibility requirements.

(5)

[Repealed]

(6)

The Director-General may issue an export eligibility certificate for any wine if satisfied that the relevant export eligibility requirements and any supplementary notices have been met for that wine.

(7)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 38(3): repealed, on 2 March 2018, by section 206(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 38(4)(b): amended, on 2 March 2018, by section 206(2) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 38(4)(c): replaced, on 2 March 2018, by section 206(3) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 38(5): repealed, on 2 March 2018, by section 206(4) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 38(6): amended, on 2 March 2018, by section 206(5) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 38(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).