Food Act 2014

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

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

You could also call this:

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

The government can make rules that let you not pay some fees or charges under the Food Act 2014. You might get an exemption, which means you do not have to pay, or a waiver, which also means you do not have to pay. You might even get a refund, which is when you get your money back.

The Minister has to recommend these rules and they have to follow certain guidelines. The rules can say when you can get an exemption, waiver, or refund. They can also say who can grant these exemptions, waivers, or refunds, like a chief executive or a territorial authority.

Before the Minister recommends these rules, they have to make sure people have been consulted about them, as stated in section 379. These rules are called secondary legislation, which you can read more about in Part 3 of the Legislation Act 2019. The rules have to be published and they can only last for up to five years.

If the rules say that someone can grant an exemption, waiver, or refund, then that decision is also secondary legislation, unless it only applies to one person. In that case, the rules have to say that the decision is secondary legislation, as explained in Part 3 of the Legislation Act 2019.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996318.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

207: Regulations may impose levies, or

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

209: Trust accounts required to be kept by persons collecting levies, or

"Keeping levy money safe in a special account"

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

208Regulations may provide for exemptions, waivers, and refunds

Regulations may be made under this section, on the recommendation of the Minister, that—
provide for exemptions from, or waivers or refunds of, any fee, charge, or levy payable under this subpart, in whole or in part, in any class of case:
authorise the chief executive to grant an exemption, waiver, or refund in any particular case or class of case:
authorise a territorial authority to grant an exemption, waiver, or refund in any particular case or class of case.

Regulations made under this section must—
expire within a specified period not exceeding 5 years; and
set out the circumstances in which the exemption, waiver, or refund may be granted.

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.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
If the regulations authorise the granting of an exemption, waiver, or refund under subsection (1)(b),—
the instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the instrument applies only to a particular case; and
the regulations must contain a statement to that effect.

Notes

Section 208(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 208(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).