Radiocommunications Act 1989

Miscellaneous provisions - Recovery of fees

136: Recovery of fees

You could also call this:

"What happens if you don't pay your radio communication fees on time?"

Illustration for Radiocommunications Act 1989

If you do not pay a fee on time, you owe the Crown money. The Secretary or the Registrar can take you to court to get the money. You have to pay the fee in full, or it is like a debt. The Secretary or the Registrar can make agreements with people to help collect fees. If you have a spectrum licence and do not pay a fee, the manager of the licence can cancel it. The manager can send a notice to the Registrar to cancel the licence if you do not pay the fee within six months. The notice must say the licence is cancelled and when the cancellation starts. When the Registrar gets the notice, they must tell you about the cancellation as soon as possible. The Registrar will send you the details of the cancellation by electronic or other means. You will know the licence is cancelled and when it happens. The manager can cancel the licence even if they do not usually have the right to do so, as stated in section 57A or 57B. The manager and you are both responsible for paying the unpaid fees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197917.

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Part 15Miscellaneous provisions
Recovery of fees

136Recovery of fees

  1. Any fee that is not paid in accordance with regulations made under this Act, until paid in full, constitutes a debt to the Crown, and may be recovered from the person liable at the suit of the Secretary or the Registrar in any court of competent jurisdiction.

  2. The Secretary or the Registrar may from time to time enter into agreements or arrangements, on such terms and conditions as the Secretary or the Registrar thinks fit, with any person to collect or assist in collecting any fees payable in accordance with regulations made under this Act.

  3. If a rightholder does not pay any fee relating to a spectrum licence in accordance with regulations made under this Act in full within 6 months of the date the fee is due,—

  4. the manager of the management rights to which the spectrum licence relates is jointly and severally liable with the rightholder for payment of the unpaid fees; and
    1. regardless of whether or not the spectrum licence may be cancelled by the manager alone, and independently of any right of the manager to cancel the licence in accordance with section 57A or 57B, the manager may cancel the licence to which the unpaid fees relate by sending to the Registrar, by electronic or other means and for the purposes of registration, a notice in the prescribed form.
      1. Repealed
      2. The notice must specify—

      3. that the spectrum licence is cancelled; and
        1. the date from which the cancellation is to apply.
          1. As soon as practicable after receiving a notice under subsection (3)(b), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder.

          Notes
          • Section 136(1): amended, on , by section 49(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).
          • Section 136(1): amended, on , by section 49(2)(a) of the Radiocommunications Amendment Act 2000 (2000 No 8).
          • Section 136(2): amended, on , by section 49(2)(b) of the Radiocommunications Amendment Act 2000 (2000 No 8).
          • Section 136(3): added, on , by section 32 of the Radiocommunications Amendment Act 2006 (2006 No 54).
          • Section 136(3)(b): amended, on , by section 6(1) of the Radiocommunications Amendment Act 2012 (2012 No 65).
          • Section 136(4): repealed, on , by section 6(2) of the Radiocommunications Amendment Act 2012 (2012 No 65).
          • Section 136(5): added, on , by section 32 of the Radiocommunications Amendment Act 2006 (2006 No 54).
          • Section 136(6): inserted, on , by section 6(3) of the Radiocommunications Amendment Act 2012 (2012 No 65).