Wine Act 2003

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries
42 Director-General may issue official assurances

(1)

For the purposes of meeting the overseas market access requirements of any foreign government that are notified or made available by the Director-General under section 41 in respect of any wine to be exported, the Director-General, or a person authorised by the Director-General under section 46, may, in appropriate cases, issue an official assurance in respect of that wine if satisfied that the relevant requirements of the importing country have been met.

(2)

Without limiting the matters to which an official assurance may apply, an official assurance is a statement to a foreign government, or an agent of a foreign government, attesting that, as appropriate, any 1 or more of the following applies in respect of any wine:

(a)

any specified process has been completed under this Act with respect to the wine concerned:

(b)

the wine concerned meets the relevant wine standards and any supplementary notices and any relevant New Zealand food standards for that wine:

(c)

any overseas market access requirements of any foreign government that are recognised by New Zealand, and that are stated in the assurance, have been met by the system under which the wine was made:

(d)

the situation in New Zealand, in relation to any matter concerning wine, is as stated in the assurance.

(3)

An official assurance is not a guarantee that the contents of all or any of a particular consignment of wine to which it relates—

(a)

necessarily meet the commercial requirements of the importer; or

(b)

are fit for the intended purpose of the wine no matter what the status or description of the consumer, or what has happened to the consignment since it left New Zealand; or

(c)

are fit for a purpose other than that for which they were intended.

(4)

The Crown is not liable to any person in respect of the provision of any official assurance given in good faith and with reasonable care as to the compliance of wine with the requirements of an importing country.

Section 42(2)(b): amended, on 2 March 2018, by section 210 of the Food Safety Law Reform Act 2018 (2018 No 3).