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Food Act 2014

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

207: Regulations may impose levies

You could also call this:

"The government can create rules to charge fees for certain things, like food or businesses, and decide how they are collected and paid."

Illustration for Food Act 2014

The government can make rules to charge levies for certain things. You pay these levies to the chief executive. The rules can say how much you pay and when you pay it.

The government can charge different levies for different things, like food or businesses. They can also say who collects the levies and how they do it.

Before the government makes these rules, the Minister must talk to people about them and make sure they follow certain requirements, like those in sections 198 and 201, and section 379.

The rules the government makes are called secondary legislation, which you can read about in Part 3 of the Legislation Act 2019, and they must be confirmed by an Act, as explained in Part 5 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=DLM2996317.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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206: Regulations may prescribe methodology or framework for fee fixing, or

"The government can create rules to help decide fees, and they must talk to people first."

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208: Regulations may provide for exemptions, waivers, and refunds, or

"Sometimes you don't have to pay fees under the Food Act 2014 - the government can make rules for exemptions, waivers, or refunds."

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

207Regulations may impose levies

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

  2. Any levies prescribed by regulation are payable to the chief executive.

  3. Different levies or rates of levy, or bases on which an amount of levy is to be calculated or ascertained, may be prescribed for—

  4. different purposes:
    1. different classes or descriptions of food material, food products, persons or businesses, operations, or other matters, or any combination of them.

      1. Without limiting subsection (1), regulations imposing levies may—

      2. specify when and how a levy is to be paid:
        1. require that a levy, or estimated amount of levy, be paid in advance of the performance of the services or functions to which it relates:
          1. specify persons, other than persons primarily responsible for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service:
            1. require, or empower the chief executive to require, the provision of information and returns in relation to levies:
              1. require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to those trust accounts:
                1. prescribe a method of arbitration or mediation for disputes as to the following, and provide for related matters, including procedures and remuneration for arbitrators or mediators:
                  1. whether or not any person is required to pay, or collect, the levy concerned; or
                    1. the amount of levy any person is required to pay or collect.

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

                    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—

                    5. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                      1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                        Notes
                        • Section 207(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).