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Limited Partnerships Act 2008

Miscellaneous

116A: Validation of fees used to recover costs of other Companies Office registers, etc

You could also call this:

"Fees you pay to the Companies Office are valid and can be used to cover their costs."

Illustration for Limited Partnerships Act 2008

You pay fees to use some services from the Companies Office. The Companies Office is a part of the government that deals with businesses and companies. It uses the fees you pay to cover its costs.

Some of these fees were used to pay for things like maintaining registers, which are lists of companies and businesses. The fees were also used to pay for the work of the Registrar, who is in charge of the Companies Office. You can find more information about the Companies Office and the fees it charges by looking at the Auditor Regulation Act 2011, the Building Societies Act 1965, and other Acts.

The fees you paid are valid, and the money was collected lawfully. The Companies Office can keep using this money to cover its costs, even after 1 July 2022. A fee includes any penalty or interest you have to pay if you do not pay on time.

The Companies Office is a division of a government department, such as the Ministry of Business, Innovation, and Employment. It collects fees under the Limited Partnerships Act and other Acts, like the Insolvency Practitioners Regulation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS699780.

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Part 4Miscellaneous

116AValidation 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 Financial Service Providers (Registration and Dispute Resolution) Act 2008:
                          1. the Friendly Societies and Credit Unions Act 1982:
                            1. the Incorporated Societies Act 1908:
                              1. the Insolvency Practitioners Regulation Act 2019:
                                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 Financial Service Providers (Registration and Dispute Resolution) Act 2008:
                                                      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 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 relation to 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 116A: inserted, on , by section 21 of the Companies Office Registers Funding Validation Act 2022 (2022 No 27).