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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Costs of processes under this Part

149ZF: Liability to pay costs constitutes debt due to EPA or the Crown

You could also call this:

“If you don't pay certain costs when asked, the government can make you pay them back like a debt.”

If you owe money to the Environmental Protection Authority (EPA) or the government for certain costs, this is what happens:

The EPA or the Minister can ask you to pay these costs. This happens when the costs are recoverable under section 149ZD(2), (3), or (4).

The requirement to pay becomes final when:

  • You don’t object to it within the time allowed by the law, or
  • You don’t appeal against it within the time allowed by the law, or
  • You do object or appeal, but the decision goes against you.

Once the requirement to pay is final, the money you owe becomes a debt. This debt is owed to either the EPA or the government. The EPA can take you to court to recover this money, either for themselves or on behalf of the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7237197.

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Part 6AA Proposals of national significance
Miscellaneous provisions: Costs of processes under this Part

149ZFLiability to pay costs constitutes debt due to EPA or the Crown

  1. This section applies when—

  2. the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4); and
    1. the requirement to pay is final, in that the person who is required to pay—
      1. has not objected under section 357B or appealed under section 358 within the time permitted by this Act; or
        1. has objected or appealed and the objection or the appeal has been decided against that person.

        2. The costs referred to in subsection (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.

        Notes
        • Section 149ZF: inserted, on , by section 96 of the Resource Legislation Amendment Act 2017 (2017 No 15).