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Financial Service Providers (Registration and Dispute Resolution) Act 2008

Registration - Miscellaneous

44AA: Validation of fees used to recover costs of other Companies Office registers, etc

You could also call this:

“Rules about how the Companies Office can use fees to run its registers”

You need to know about a rule about fees for the Companies Office. This rule makes sure that the fees they charged before 30 June 2022 are okay.

The Companies Office looks after many different registers for businesses and groups. Sometimes, they use the money from one register to help pay for another. This rule says that’s okay.

If you paid a fee to the Companies Office before 30 June 2022, it was a proper fee. They can keep using that money to run their registers and do their job.

This rule covers fees for many different Acts, like the Companies Act, the Friendly Societies and Credit Unions Act, and others. It also includes any extra charges if you paid late.

The Companies Office has been part of different government departments over the years. This rule applies to fees collected by all of these departments.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS698697.

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Part 2 Registration
Miscellaneous

44AAValidation of fees used to recover costs of other Companies Office registers, etc

  1. This section applies to a fee—

  2. that—
    1. is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and
      1. was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
      2. that—
        1. is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
          1. was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

          2. The fee is and always has been validly imposed.

          3. Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

          4. is and always has been lawfully collected and applied; and
            1. may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

              1. The Acts are—

              2. the Auditor Regulation Act 2011:
                1. the Building Societies Act 1965:
                  1. the Companies Act 1993:
                    1. the Financial Markets Conduct Act 2013:
                      1. the Financial Reporting Act 1993:
                        1. the Friendly Societies and Credit Unions Act 1982:
                          1. the Incorporated Societies Act 1908:
                            1. the Insolvency Practitioners Regulation Act 2019:
                              1. the Limited Partnerships Act 2008:
                                1. the Personal Property Securities Act 1999:
                                  1. the Retirement Villages Act 2003:
                                    1. the Securities Act 1978.

                                      1. The Acts are—

                                      2. the Auditor Regulation Act 2011:
                                        1. the Building Societies Act 1965:
                                          1. the Charitable Trusts Act 1957:
                                            1. the Companies Act 1993:
                                              1. the Financial Markets Conduct Act 2013:
                                                1. the Financial Reporting Act 1993:
                                                  1. the Financial Reporting Act 2013:
                                                    1. the Friendly Societies and Credit Unions Act 1982:
                                                      1. the Incorporated Societies Act 1908:
                                                        1. the Incorporated Societies Act 2022:
                                                          1. the Industrial and Provident Societies Act 1908:
                                                            1. the Insolvency Practitioners Regulation Act 2019:
                                                              1. the Limited Partnerships Act 2008:
                                                                1. the New Zealand Business Number Act 2016:
                                                                  1. the Personal Property Securities Act 1999:
                                                                    1. the Retirement Villages Act 2003:
                                                                      1. the Securities Act 1978.

                                                                        1. In this section,—

                                                                          Companies Office means the division or part of each of the following departments (formerly or currently in existence) that collected or collects fees under this Act or any of the Acts listed in subsections (4) and (5):

                                                                          1. the former Department of Justice:
                                                                            1. the former Ministry of Commerce:
                                                                              1. the former Ministry of Economic Development:
                                                                                1. the Ministry of Business, Innovation, and Employment

                                                                                  fee—

                                                                                  1. includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
                                                                                    1. in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

                                                                                    Notes
                                                                                    • Section 44AA: inserted, on , by section 13 of the Companies Office Registers Funding Validation Act 2022 (2022 No 27).