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The New Zealand beekeeping industry has been regulated since 1906. The use of empowering acts in recent years means the nature of the legislative documents affecting our industry has changed. This article provides a framework for beekeepers to better understand the parliamentary processes that impact on our industry.
The Apiaries Act 1906 was a monumental piece of legislation for the beekeeping industry. It came about during the transition period between box hives and the moveable frame hives, and the transition from beekeeping as a sideline to farming to beekeeping as a substantial occupation in its own right.
The primary focus of the Apiaries Act 1906 was to provide a means of disease control. It required the destruction of colonies of bees found to have American foulbrood. More importantly, it compelled bees to be kept in moveable frame hives so the brood could be inspected.
The Apiaries Act 1906 was amended a number of times in the next two decades, and was re-written completely to form the Apiaries Act 1927. Again, multiple amendments added and changed provisions before the next major re-write created the Apiaries Act 1969.
Other important legislation provided the legislative framework for the industry's marketing activities. The Honey Marketing Authority Regulations of 1953 were created under the Primary Products Act 1953. Through the next 30 years, the Seals Levy money was collected under that authority. The Honey Marketing Authority Regulations 1975 marked the change to a 'hive numbers' based levying system initially for the use of the HMA. With the passage of the Hive Levy Act 1978 the method of levying on a declaration of hive numbers was used to fund the National Beekeepers' Association activities.
The early 1990s heralded the use of the legislative process that has necessitated the changes that have involved and to some extent confused beekeepers. Rather than creating specific acts (such as the Apiaries Act) and using regulations, the NZ parliamentary process has moved to the use of 'enabling' or 'umbrella' legislation. The act, then, becomes a series of general statements that can be applied by a variety of industries in a number of different ways. The Commodity Levies Act and the Biosecurity Act are the two acts that have had most impact on the beekeeping industry.
An Act of Parliament begins life as a lowly bill. The ones most likely to affect beekeeping are generally sponsored by a Minister on behalf of the government. A bill will generally, after being introduced to the House, be sent to a Select Committee. The bills likely to be important to beekeeping will tend to go to the Primary Products Select Committee.
Select committees call for written submissions from interested parties, and may allow for the hearing of evidence. The beekeeping industry has made some significant contributions to the shaping of the acts that affect it through this stage of the legislative process.
After refinement by the select committee the bill is reported back to the House. After a series of further 'readings' (actually, debates) by the House, the bill is then voted upon. If passed it becomes an act (or statute) of Parliament after being given the Royal Assent by the Governor-General.
The Governor-General also has the ability to make statutory regulations, the machinery provisions necessary for the administration of an act - such matters as forms, fees and procedural requirements. The authority to create the regulations are contained in the act itself. The regulations are made by Order in Council. That is, by the Governor-General 'acting by and with the advice and consent of the Executive Council' (the Prime Minister and other senior Ministers). Orders in Council, then, are a form of proclamation, or announcement. Such orders are not voted upon by the entire House, but generally are provided to the Governor-General to sign after being approved by the Cabinet of the government currently in office.
The beekeeping industry went through the 1980s primarily regulated by the Apiaries Act 1969 (disease control, feeding of drugs, restricted zones, registration of apiaries) and the Hive Levy Act 1978 (compulsory levy to fund the NBA).
The passage of the Commodity Levies Act 1990 spelled the end for the Hive Levy Act. Rather than a specific piece of legislation with specific requirements, the Commodity Levies Act (and its various amendments) provided the ability to create a number of compulsory levies for a variety of industries.
After consultation and discussion, the industry ultimately applied for and received an Order in Council - the Commodity Levies (Bee Products) Order 1996. It is this order that provides the details of the levy the NBA currently operates.
Similarly, the Biosecurity Act 1993 (and its various amendments) will soon 'sunset' most of the clauses of the Apiaries Act 1969. The significant feature, the one of such importance to the industry, of disease control regulation will cease to exist on 30 September - about two weeks after you get this magazine!
The work the industry has done under the general heading of 'the Pest Management Strategy' has all been carried out in anticipation of this loss. The Order in Council sought by the Disease Control Committee (now known as the PMS Review Committee) will be the enabling order that will allow for a disease control programme with the backing of regulatory authority.
While the industry no longer has specific acts of Parliament detailing the matters of regulation, regulation still exists. The use of the enabling acts has allowed the beekeeping industry to maintain most services considered essential to the industry. It has not been without some degree of expense, effort and concern, but the industry retains the aspects of regulation considered necessary for orderly development and the maintenance of a healthy industry.
The various Orders in Council that now describe the specifics of regulation are designed to expire at regular intervals - they don't have the 'long life' of an act of Parliament. This will provide opportunity for change and improvement, but will also be an on-going expense to the industry for which we must plan and anticipate.
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