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Food Act 2014

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

204: Regulations may impose fees and charges

You could also call this:

"The government can charge fees for food-related services, like starting a food business or getting a food safety check, and the fees can vary depending on the service or business."

The government can make rules to charge fees for certain things related to food. You will have to pay these fees when you do things like start a food business or get a food safety check. The fees can be different depending on what you are doing or what kind of business you have.

The government can decide how much to charge you using different methods, which are explained in section 199. They can also charge different fees for the same service, depending on how it is provided or who is getting the service. For example, you might have to pay more if you need something done quickly.

If the government makes a rule about how to calculate a fee, they can include a formula to work it out. The formula might say what value to use for certain things, or the chief executive can decide the value and tell you about it using section 405.

Before the government makes these rules, the Minister must make sure that people have been consulted and that the rules are fair. The Minister also has to follow certain requirements, which are explained in sections 198 and 201. You can find more information about how these rules are published in Part 3 of the Legislation 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=DLM2996315.

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

204Regulations may impose fees and charges

  1. Regulations may be made under this section, on the recommendation of the Minister, prescribing fees and charges for the purposes of this subpart.

  2. The fees may be prescribed using any 1 or more of the methods specified in section 199.

  3. Different fees and charges, or different rates or types of fees or charges, may be prescribed in respect of different classes or descriptions of food, food products, persons or businesses, operations, or other matters, or any combination of them.

  4. Without limiting subsection (3), the fees and charges prescribed may—

  5. differ depending on whether or not a special or an urgent service is provided:
    1. include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places:
      1. differ for otherwise similar services provided in different ways:
        1. differ for otherwise similar services provided to different categories of persons:
          1. differ depending on the amount of service required or the components of the service required for the particular person or class of persons.

            1. If regulations prescribe a formula for determining a fee or charge, the value to be attributed to a component of that formula may—

            2. be specified in the formula; or
              1. be specified by the chief executive by notice under section 405.

                1. The Minister may not recommend the making of regulations under this section unless satisfied that, to the extent appropriate in the circumstances, the requirements of sections 198 and 201 have been met.

                2. This section does not limit or affect section 205.

                3. Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                4. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 204(5): replaced, on , by section 26 of the Food Safety Law Reform Act 2018 (2018 No 3).
                • Section 204(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).