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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Cost recovery

201: Cost recovery to relate generally to financial year

You could also call this:

"Charges must be set before the financial year starts and stay the same until changed."

Illustration for Food Act 2014

When you look at the rules about fees and charges under the Food Act 2014, you will see that any new fees must be decided before the start of the financial year. You will have to pay these fees for that year and the years after, until they are changed or stopped. The rules about fees can be changed during the year if the fee is being reduced or removed. If a fee is being increased or a new fee is being introduced, the people who will be affected by the change must be asked for their opinion, and the Minister must be satisfied that they agree with the change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996313.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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200: Territorial authority responsible for collection, or

"Who collects money owed under the Food Act 2014"

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202: Three-yearly review of cost recovery, or

"The Minister checks food costs every three years to make sure they are fair for everyone."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Cost recovery

201Cost recovery to relate generally to financial year

  1. Except as provided in subsection (2), any regulations under this subpart that set a fee, charge, or levy that applies in any financial year—

  2. must have been made before the start of that financial year; but
    1. except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.

      1. Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if—

      2. the fee, charge, or levy is reduced or removed (or restated without substantive alteration); or
        1. in the case of an increase or a new fee, charge, or levy,—
          1. appropriate consultation has been carried out with persons or representatives of persons substantially affected by the alteration or setting; and
            1. the Minister is satisfied that those persons, or their representatives, agree or substantially agree with the alteration or setting.

            2. Subsection (1) does not prevent the amendment of any regulations that set a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.

            3. Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).